If you are worried that one of your heirs might drag your estate into court, you have probably heard about the “no-contest clause” — sometimes called an in terrorem clause, which is Latin for “in fear.” It is a provision that says anyone who challenges the will forfeits whatever they were going to receive under…
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…
If you’ve recently lost a loved one, you may be hearing the word “probate” for the first time and wondering what it means, whether it applies to you, and what you’re supposed to do next. This guide walks through the basics of the Kentucky probate process in plain language — no legal degree required. What…
You’re waiting for an estate to close. Months pass. You can’t get a straight answer about what’s happening with the assets. You start to wonder whether the executor — maybe a sibling, a stepparent, or a family friend — is actually doing their job. Or worse, whether they’re helping themselves. This situation is more common…
When a loved one dies and the will doesn’t seem right — when it cuts out family members without explanation, appears to have been signed under pressure, or simply doesn’t match anything the person ever said they wanted — you may be wondering whether you can do something about it. The answer is sometimes yes….
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…