Winning a lawsuit is one thing. Actually collecting the money is another. If you’ve obtained a judgment in a Kentucky court and the other side isn’t paying, you’re not stuck — Kentucky law provides several powerful tools to enforce a judgment and collect what you’re owed. But knowing which tools to use, and when, makes…
Breach of contract is one of the most common civil claims in Kentucky — and one of the most misunderstood. Whether you’re a business owner, a contractor, a landlord, or just someone who entered into an agreement that the other side didn’t honor, understanding the elements of a breach of contract claim and what you…
If your employer isn’t paying you what you’re owed — whether it’s unpaid overtime, missed hours, or wages that never showed up on your paycheck — you don’t have to just accept it. Both federal law and Kentucky law give employees the right to file a private lawsuit to recover unpaid wages, and the remedies…
If you’re a beneficiary of a trust or estate in Kentucky, you may have heard the term “fiduciary duty” — but what does it actually mean in practice? Understanding fiduciary duty is essential because it defines the standard of care that trustees, executors, and other fiduciaries owe to the people they serve. When that duty…
One of the most common misconceptions I encounter in estate planning and probate work is the belief that adding someone’s name to a deed or bank account is a simple substitute for a will. “I’ll just put my daughter on the deed” or “I already added my son to the bank account, so it’ll go…
In Kentucky, a surviving spouse has certain rights that can’t be defeated by a will — no matter what the will says. One of the most important of these is the right to “elect against” the will and claim a statutory share of the deceased spouse’s estate. If you’ve been left out of your spouse’s…
If you’re thinking about contesting a loved one’s will or trust, you may have been warned: “Be careful — there’s a no-contest clause.” These clauses (sometimes called “in terrorem” clauses) are designed to discourage beneficiaries from challenging the document by threatening to disinherit anyone who does. But are they actually enforceable in Kentucky? The answer…
Most people know that wills can be contested, but fewer realize that trusts — including revocable living trusts and irrevocable trusts — can also be challenged in Kentucky. If you believe a trust was created or amended under suspicious circumstances, you may have grounds to file a trust contest in circuit court. Grounds for Challenging…
If you’re a trust beneficiary and the trustee isn’t giving you information about the trust — what’s in it, how it’s being invested, what’s been spent — you’re not powerless. Kentucky’s Uniform Trust Code gives qualified beneficiaries specific rights to demand information, and courts can enforce those rights when trustees refuse to cooperate. Your Right…
You’ve been waiting months — maybe longer — and the executor of your loved one’s estate still hasn’t done anything meaningful. The will hasn’t been probated, assets haven’t been inventoried, debts are piling up, and you can’t get a straight answer about when things will move forward. Unfortunately, this is one of the most common…