“It’s been two years and the estate still isn’t settled.” I hear some version of that sentence weekly. Sometimes the delay is legitimate — estates with real property to sell, tax issues, or litigation can take time. But sometimes the estate is simple, the assets are liquid, and the only thing standing between the beneficiaries…
Of all the ways an executor can mishandle a Kentucky estate, mixing estate money with personal money is the one that turns defensible sloppiness into legal jeopardy fastest. Commingling is not a technicality. It is the failure that makes every other failure possible — and for beneficiaries trying to figure out where an estate’s money…
Executors are very often family members — and family members have favorites, grudges, and history. Kentucky law nonetheless demands something difficult of them: when they put on the fiduciary hat, they must treat the beneficiaries impartially. An executor who runs the estate for the benefit of one beneficiary at the expense of another is breaching…
If you’ve been working hard, putting in long hours, and you have a nagging feeling that your paycheck doesn’t add up — you may be right. Wage and hour violations are some of the most common employment law problems in Kentucky, and they often go unchallenged because employees don’t realize they have a remedy. The…
When we prepare a Last Will and Testament, protecting the original document is critical — and under Kentucky law, it’s even more important than most people realize. If the original will cannot be found at the time of your death, Kentucky law presumes that you revoked it intentionally. Courts can infer that you destroyed it…
A lot of folks think they can save time and money by using online will forms like LegalZoom. I understand the appeal — but here’s why I think it’s a risky move, especially here in Kentucky. 1. It’s Often a Rip-Off If you’re just curious what a valid will looks like, you don’t have to…
One of the most common questions I hear from trust beneficiaries is some version of: “The trustee won’t show me the trust document — can they do that?” The short answer, under Kentucky law, is generally no. The Kentucky Uniform Trust Code, codified at KRS Chapter 386B, gives qualified beneficiaries meaningful rights to information about…
In 2022, Kentucky became one of the first states in the country to adopt a version of the Uniform Public Expression Protection Act (UPEPA), codified at KRS 454.460 through 454.478. The law provides a powerful procedural tool for defendants who are sued for exercising their rights to free speech, petition, or assembly on matters of…
If you’ve filed a civil lawsuit in Kentucky — or had one filed against you — you’ve probably heard the word “discovery” thrown around. Discovery is the phase of litigation where both sides exchange information before trial. It’s often the longest part of a case, and understanding how it works can help you feel more…
Most people think of a will as an accident document — something you sign in case something happens, filed away and forgotten. A list of names and assets. Dry, impersonal, generic. It doesn’t have to be that way. A properly drafted will is one of the few legal documents that is entirely yours. It speaks…