Probate Litigation Attorney in Lexington, Kentucky

Buckles Law Office represents heirs, beneficiaries, executors, and trustees in contested estate and trust matters throughout Kentucky — will contests, executor and fiduciary disputes, estate theft and asset recovery, trust litigation, contested guardianships, and surviving-spouse claims. Joe Buckles brings courtroom experience to probate disputes, which frequently end up in front of a judge.

When a loved one passes away, the last thing a family needs is a legal battle over the estate. But sometimes disputes arise — over the validity of a will, the actions of a fiduciary, or who should serve as guardian. When that happens, you need an attorney who understands both the law and the emotional weight of what you’re going through.

Joe Buckles handles probate litigation in Fayette County and across Kentucky. He brings the same trial-ready preparation to probate disputes that he brings to every civil case — because contested estates often end up in front of a judge, and you want a lawyer who’s been there.

Probate Matters We Handle

Buckles Law Office represents heirs, beneficiaries, executors, trustees, and family members in probate disputes throughout Central Kentucky. Our probate litigation practice includes:

Will Contests

If you believe a will doesn’t reflect your loved one’s true wishes, Kentucky law provides grounds to challenge it. Will contests can be based on undue influence, lack of testamentary capacity, fraud, duress, or improper execution. Under KRS 394.240, will contests must be filed within two years of probate. We help clients evaluate whether they have a viable claim and, if so, build a strong case.

Executor and Fiduciary Disputes

The person appointed to manage an estate — whether an executor, administrator, or trustee — owes a fiduciary duty to the beneficiaries. When a fiduciary mismanages assets, fails to provide accountings, or acts in their own interest rather than the estate’s, beneficiaries have the right to take legal action. We handle claims for executor mismanagement, compelling an executor to act, and removal of an executor under KRS 395.160.

Estate Theft and Asset Recovery

Unfortunately, theft from estates is more common than people realize. Whether a family member has been siphoning funds, a caregiver has exploited a vulnerable adult, or assets have gone missing during estate administration, we pursue every available remedy to recover what belongs to the estate and hold wrongdoers accountable.

Trust Litigation

Kentucky’s Trust Code (KRS Chapter 386B) provides beneficiaries with meaningful rights, including the right to information, accountings, and judicial oversight of trust administration. We represent beneficiaries in disputes over trust validity, trustee conduct, and trust modification. We also represent beneficiaries who have been denied access to trust documents and accountings.

Contested Guardianship and Conservatorship

When family members disagree about who should serve as guardian for an incapacitated loved one, the court must decide based on the ward’s best interest. Contested guardianship proceedings require experienced courtroom advocacy. We represent family members seeking to be appointed guardian, those opposing an appointment, and those seeking to remove a guardian who is not fulfilling their duties.

Surviving Spouse Claims

Kentucky law protects surviving spouses from being disinherited. Under KRS 392.080, a surviving spouse has the right to elect against the will and claim a statutory share of the estate. We advise surviving spouses on their rights and represent them in proceedings to enforce those rights.

How Probate Litigation Works in Kentucky

Probate disputes are filed in the Circuit Court of the county where the decedent lived. The timeline varies depending on the complexity of the estate and whether the case is contested. Some disputes resolve through negotiation or mediation; others require a hearing or trial.

Not every estate requires full probate. Kentucky offers simplified procedures for smaller estates, and some assets — like jointly held property or accounts with beneficiary designations — pass outside of probate entirely. Understanding how these rules interact is essential to evaluating your options.

Why Choose Buckles Law Office for Probate Litigation

Probate disputes are deeply personal. They often involve family members on opposite sides of the courtroom, and the stakes go beyond money — they’re about honoring what a loved one wanted and protecting the people they cared about.

We approach every probate case with that understanding. We’ll help you evaluate whether you have a viable claim or defense, walk you through the process, and represent you with the combination of empathy and tenacity that these cases require.

Joe’s experience in civil litigation gives him a distinct edge in probate matters. Many probate attorneys don’t try cases. Joe does.

Frequently Asked Questions

How long do I have to contest a will in Kentucky?

Under KRS 394.240, a will contest must be brought as an action in Circuit Court within two years of the District Court order admitting or rejecting the will.

Can a beneficiary have an executor removed?

Yes. Under KRS 395.160, a court can remove a personal representative who mismanages estate assets, fails to provide required accountings, or acts in their own interest rather than the estate’s.

What are the grounds to challenge a will?

Common grounds include undue influence, lack of testamentary capacity, fraud, duress, and improper execution of the will.

Does a surviving spouse have rights if left out of a will?

Yes. Under KRS 392.080, a surviving spouse may renounce the will and elect to take a statutory share of the estate instead of what the will provides.

Ready to talk about your case?

Call (859) 225-9540 or use our contact form to get started.