When an aging parent can no longer make decisions about their health, finances, or daily care, adult children often face the difficult question of whether to seek guardianship. In Kentucky, guardianship is a court-supervised process that transfers decision-making authority from an incapacitated person to a court-appointed guardian. It is a significant legal step — one…
Serving as executor — formally called a personal representative in Kentucky — carries real legal responsibility. Those who mismanage estate assets, ignore their duties, or favor their own interests over the beneficiaries’ can face personal liability. If you are a beneficiary dealing with a problematic executor, or if you have been appointed executor and want…
For many Kentucky families, the home is the most valuable asset in the estate — and one of the most cumbersome to transfer through probate. A transfer-on-death deed (TOD deed) offers a way to pass real property directly to a named beneficiary at death, bypassing probate entirely. Kentucky is one of a growing number of…
When a family member dies, the executor is supposed to identify, collect, and account for all estate assets. But what happens when beneficiaries suspect that assets are being concealed — whether by the executor, a caregiver, or another family member who had access to the decedent’s finances? In Kentucky, beneficiaries have both informal and formal…
Kentucky is one of a handful of states that still imposes an inheritance tax — a tax paid by the person who receives an inheritance, not by the estate itself. Understanding who owes this tax, how much they owe, and how to minimize the burden is essential for anyone involved in settling a Kentucky estate…
Few things fracture a family faster than a dispute over a parent’s estate. In Kentucky, sibling conflicts over inheritances are among the most common — and most emotionally charged — types of probate litigation. Whether the disagreement involves the validity of a will, the conduct of an executor, or the division of family property, understanding…
You received an inheritance — money, property, or other assets left to you by a parent, grandparent, or other loved one. Now you want to make sure those assets remain yours, even if your marriage ends in divorce. Kentucky law provides protections for inherited property, but those protections can be lost if you are not…
A trustee holds a position of significant responsibility — managing assets, making distributions, and acting in the best interests of the beneficiaries. When a trustee fails in these duties, Kentucky law provides a mechanism for removing them. But trustee removal is not automatic, and courts do not take it lightly. Understanding the grounds and process…
One of the most common questions families ask after a loved one dies is: how long does probate take? In Kentucky, a straightforward probate administration typically takes between six months and one year, though complex estates can take longer. Here is a general month-by-month overview of what to expect. Month 1: Opening the Estate The…
You created a trust, named a trustee, and moved on with your life. But what happens when that trustee dies, becomes incapacitated, resigns, or simply refuses to serve? If your trust document does not have a clear succession plan, you could face delays, legal proceedings, and potentially a court-appointed trustee you never would have chosen….