When your neighbor’s activities interfere with your use and enjoyment of your property — whether through physical encroachment, noise, pollution, or other disturbances — Kentucky law provides two primary causes of action: trespass and nuisance. While these claims overlap in some situations, they are distinct legal theories with different elements and different remedies. Understanding the…
When an executor or trustee breaches their fiduciary duty and the estate or trust loses money as a result, Kentucky law provides a specific remedy: the surcharge action. A surcharge is a court order requiring the fiduciary to personally repay the estate or trust for losses caused by their misconduct. It is the most direct…
The end of the year is an ideal time to review your estate plan. Tax laws change, family circumstances shift, and documents that were current five years ago may no longer reflect your wishes. Whether you have a comprehensive estate plan or have been putting it off entirely, this checklist will help Kentucky residents make…
Being injured in a car accident is bad enough. When the at-fault driver flees the scene, you face additional challenges: no driver to exchange information with, no immediate insurance information, and the possibility that the driver may never be identified. But a hit and run does not leave you without legal options in Kentucky. Between…
When someone in a position of trust — a business partner, corporate officer, financial advisor, or managing member of an LLC — puts their own interests ahead of yours, that is a breach of fiduciary duty. It is one of the most powerful claims in Kentucky civil litigation because it can unlock remedies that are…
The probate accounting is supposed to be the moment of transparency — when the personal representative shows the court and the beneficiaries exactly what happened to the estate’s money. But what do you do when the numbers do not add up? When expenses seem inflated, assets appear to be missing, or the personal representative’s compensation…
Emotional suffering is real, and in certain circumstances, Kentucky law allows you to recover damages for it — even without a physical injury. But emotional distress claims are among the most difficult civil claims to prove. Kentucky courts impose strict requirements to prevent a flood of speculative or trivial claims, while still allowing recovery for…
When someone dies due to another person’s negligence or wrongful act in Kentucky, the decedent’s estate can bring a wrongful death action. But unlike most civil claims, a wrongful death suit in Kentucky can only be filed by the personal representative of the estate — not by individual family members. Understanding who can sue, what…
If you owe a debt and a creditor obtains a judgment against you, one of the most aggressive collection tools available is bank account garnishment. A garnishment order directs your bank to freeze funds in your account and turn them over to the creditor. It can happen without warning, leaving you unable to pay rent,…
If you have a family member with a disability who receives government benefits like SSI or Medicaid, leaving them an inheritance directly could be the worst thing you can do. Even a modest inheritance can disqualify them from benefits they depend on for housing, healthcare, and daily living expenses. A special needs trust solves this…