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…
Kentucky is one of only a handful of states that still imposes an inheritance tax — and the rates can be surprisingly steep depending on who’s inheriting. If you’re planning your estate or settling a loved one’s affairs, understanding how Kentucky’s inheritance tax works is essential. The good news: with the right planning, many families…
One of the first questions I hear from families dealing with a loved one’s estate is: “How long is this going to take?” The honest answer is that it depends — but in Kentucky, most probate cases take somewhere between six months and two years, with straightforward estates on the shorter end and contested or…
When someone dies without a will in Kentucky, the law decides who inherits their property. This is called “intestate succession,” and the rules are set out in KRS Chapter 391. While the statute tries to approximate what most people would want, the results don’t always match what the deceased person actually intended — and they…
Undue influence is one of the most common — and most difficult to prove — grounds for contesting a will in Kentucky. It arises when someone in a position of trust or authority over the testator exerts pressure that overcomes the testator’s free will, resulting in a will that reflects the influencer’s wishes rather than…