Quick answer: A durable power of attorney in Kentucky takes effect when signed and continues through incapacity; a springing power takes effect only when a doctor certifies incapacity. Under KRS 386A.104 a Kentucky power of attorney is durable unless it says otherwise. Most planners recommend the durable form with a trusted agent, because the springing…
Quick answer: After winning a Kentucky judgment, a creditor can compel the debtor to disclose assets in a post-judgment deposition, garnish wages under KRS 425.506, garnish bank accounts, record a judgment lien under KRS 426.720, execute on non-exempt personal property, and domesticate the judgment in other states under KRS 426.950. The judgment accrues interest under…
Quick answer: To claim Kentucky land by adverse possession, the possession must be actual, open and notorious, exclusive, hostile, and continuous for fifteen years under KRS 413.010, or seven years with color of title under KRS 413.060. Permission from the owner defeats the claim, and the possessor must file a quiet title action to obtain…
Quick answer: Kentucky courts pierce the corporate veil and hold owners personally liable only when the entity was so dominated by its owners that it had no separate existence, and respecting the corporate form would sanction fraud or injustice. Factors include commingled funds, undercapitalization, ignored formalities, and use of the entity to evade obligations. Veil…
Quick answer: Kentucky drivers must yield to pedestrians in crosswalks and exercise due care to avoid hitting anyone on foot under KRS 189.570, while pedestrians have their own duties outside crosswalks. Fault is apportioned under KRS 411.182, and injured pedestrians can look to the driver’s liability coverage, their own PIP and UM coverage, and sometimes…
Quick answer: In Kentucky an inheritance is non-marital property under KRS 403.190(2) and is not divided in a divorce, as long as you keep it separate. Depositing it into a joint account, using it for the marital home, or retitling it in both names can convert it to marital property, so keep inherited assets in…
Quick answer: Retaliation is illegal in Kentucky when an employer fires, demotes, cuts pay, or otherwise punishes an employee for a protected activity such as filing a workers’ compensation claim (KRS 342.197), reporting wrongdoing as a public employee (KRS 61.102), complaining about wage violations, serving on a jury (KRS 29A.160), or refusing to break the…
Quick answer: In Kentucky, venue is generally proper in the county where the defendant resides or, for a corporation, where it has its principal office or the cause of action arose, under KRS 452.400 and related statutes. A forum selection clause in a contract will usually be enforced if it is mandatory, clearly worded, and…
Quick answer: Kentucky’s implied warranty of habitability, codified for URLTA jurisdictions in KRS 383.595, requires landlords to meet housing codes, keep the premises safe and sanitary, and maintain plumbing, heating, electrical, and appliances supplied with the unit. After written notice and a fourteen-day cure period, a tenant may terminate the lease or pursue damages under…
Quick answer: A Kentucky court can remove a trustee under KRS 386B.7-060 for a serious breach of trust, unfitness or persistent failure to administer the trust effectively, lack of cooperation among co-trustees, or a substantial change in circumstances when removal serves the beneficiaries. A beneficiary files a petition in Circuit Court, and the court can…