Quick answer: Kentucky beneficiaries who suspect hidden estate assets can demand a full inventory and accounting under KRS 395.610, use subpoenas and depositions in the probate or a related Circuit Court action to obtain bank, brokerage, and tax records, trace transfers made before death, and seek surcharge and removal of an executor who concealed assets….
Quick answer: When a customer will not pay, a Kentucky business should send a written demand, then sue in small claims (up to $2,500), District Court, or Circuit Court depending on the amount, and use prejudgment attachment under KRS 425.301 where assets may disappear. After judgment, garnishment and judgment liens under KRS 426.720 are available,…
Quick answer: Kentucky insurers that unreasonably deny, delay, or underpay a claim can be sued for bad faith under the Unfair Claims Settlement Practices Act, KRS 304.12-230, enforced through KRS 446.070, and under common law. The insured must show the claim was owed, the insurer lacked a reasonable basis to deny it, and the insurer…
Quick answer: Kentucky inheritance tax is owed by the beneficiary and depends on relationship under KRS 140.070: Class A relatives (spouse, children, grandchildren, parents, siblings) pay nothing; Class B relatives pay 4 to 16 percent after a $1,000 exemption; Class C beneficiaries pay 6 to 16 percent after a $500 exemption. The return is due…
Quick answer: In a Kentucky blended family, dying without a plan lets intestacy under KRS 391.010 and the spouse’s statutory share under KRS 392.080 decide who inherits, often leaving children from a first marriage with less than intended or nothing. A will alone cannot cut off the spouse’s elective share; trusts, a marital agreement under…
Quick answer: Kentucky nursing home residents and their families can sue for abuse or neglect under ordinary negligence law and under the residents’ rights statute, KRS 216.515, which creates a private right of action and allows attorney’s fees. Understaffing is the root of most neglect cases, arbitration clauses in admission paperwork are a frequent obstacle,…
Quick answer: Sibling disputes over a Kentucky parent’s estate usually come down to one of three claims: an executor-sibling’s conduct (addressed by accounting and removal under KRS 395.610 and 395.150), the validity of the will (a Circuit Court contest under KRS 394.240), or division of the family home (a partition action under KRS 381.135). Mediation…
Quick answer: Kentucky’s lemon law, KRS 367.840 to 367.844, requires the manufacturer to replace or repurchase a new vehicle with a defect that substantially impairs its use, value, or safety if the defect is not fixed after four repair attempts or thirty days out of service within the first twelve months or 12,000 miles. You…
Quick answer: A Kentucky prenuptial agreement is enforceable under KRS 371.060 to 371.070 if it is in writing, signed by both parties, entered voluntarily, with fair disclosure of each party’s assets, and is not unconscionable when enforced. It can govern property division, debts, and spousal maintenance, but cannot waive child support or decide custody. A…
Quick answer: You have a Kentucky medical malpractice case when a provider’s care fell below the accepted standard and that breach caused an injury that would not otherwise have occurred, nearly always proven through expert testimony. Suit must be filed within one year of when you knew or should have known of the injury under…