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…

Being named as the personal representative (executor or administrator) of a Kentucky estate is a serious responsibility — and it comes with legal obligations that many people don’t fully appreciate until they’re in the middle of it. If you’ve been named in a loved one’s will or appointed by the court, here’s what Kentucky law…

Not every estate needs to go through full probate. For smaller estates, Kentucky offers a simplified procedure called “dispensing with administration” that can save families significant time and expense. If your loved one left a modest estate, it’s worth understanding whether this shortcut is available to you. What Is Dispensing with Administration? Under KRS 395.455,…

It’s an uncomfortable topic, but it happens more often than you’d think: a family member or executor takes money, property, or other assets from a loved one’s estate without authorization. Whether it’s an executor writing checks to themselves, a sibling cleaning out a bank account before probate begins, or a caregiver helping themselves to valuables,…

One of the most common grounds for contesting a will in Kentucky is the claim that the testator — the person who signed the will — lacked the mental capacity to do so. This is referred to as “lack of testamentary capacity,” and it’s a legal standard that’s both more specific and more nuanced than…

If you’re a beneficiary of an estate and you suspect the executor is mismanaging assets, wasting estate property, or simply refusing to do their job, you may be wondering whether you have any legal recourse. The answer under Kentucky law is yes — beneficiaries can sue an executor for breach of fiduciary duty and recover…