What are the risks associated with probating my father's estate without legal representation in Kentucky?
Detailed Answer Probating your father’s estate in Kentucky without a lawyer may seem cost-effective, but it carries significant risks. Kentucky probate follows detailed rules under the Kentucky Revised Statutes (KRS), and errors can lead to personal liability, delays, and financial loss. 1. Missing Filing Requirements and Deadlines Kentucky law mandates strict timelines. For example, you […]
Read article →If real property passes automatically at death versus why do I have to probate the will? (KY)
Detailed Answer: Automatic Transfer vs. Probate in Kentucky Under Kentucky law, certain ownership structures and deeds allow real property to transfer at death without court involvement. In contrast, property held solely in the decedent’s name typically requires probate. Knowing these distinctions helps you decide whether a probate proceeding is necessary. Automatic Transfer Methods Under Kentucky […]
Read article →What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in KY?
Disclaimer: This is not legal advice. It is for informational purposes only. Detailed Answer After a person dies in Kentucky, the personal representative must notify creditors and handle their claims following the Kentucky Revised Statutes. The process generally unfolds in six steps. Step 1: Appoint a Personal Representative The court issues letters testamentary or of […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Kentucky?
Detailed Answer In Kentucky, a probate court typically requires a certified death certificate to open an estate under KRS Chapter 395. If the death certificate is unavailable—for instance, due to a delay in processing or if the decedent was missing—you may submit alternative proof. An obituary alone rarely suffices as exclusive proof of death, but […]
Read article →How do I prepare an heirship affidavit in Kentucky?
Detailed Answer Under Kentucky law, an affidavit of heirship provides a record of who inherited real property when someone dies without a will (intestate). You file it under KRS 391.170. Follow these steps to prepare and record your affidavit. Step 1: Confirm Eligibility Ensure the decedent died intestate (without a valid will) and no personal […]
Read article →Can I Open an Estate and Become the Personal Representative as a Mother-in-Law in Kentucky?
Detailed Answer Under Kentucky law, a person may serve as the personal representative (also called executor or administrator) of a decedent’s estate if they meet certain eligibility requirements and either are named in the will or are appointed by the probate court. If the decedent left a valid will that names you as personal representative, […]
Read article →Can I elect to receive a life estate instead of an intestate share in Kentucky?
Detailed Answer Under Kentucky’s intestate statutes (KRS 391.010 et seq.), a surviving spouse has a statutory share of the decedent’s estate when the decedent dies without a valid will. That share depends on which heirs survive the decedent. Kentucky’s Elective Share Kentucky provides an elective share system rather than a life estate election. A surviving […]
Read article →How does an executor obtain an EIN for an estate in Kentucky?
Detailed Answer When someone passes away, the executor must open a new tax identity in the name of the estate. The IRS requires an Employer Identification Number (EIN) to handle estate assets, file the estate’s income tax return (Form 1041), and open fiduciary bank accounts. Under Kentucky law, an executor first needs letters testamentary or […]
Read article →What Is the Difference Between Common and Solemn Form Probate in Kentucky?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under Kentucky law (KRS Chapter 394), a will may be admitted to probate either in common form or in solemn form. Each method sets out different proof requirements and carries different legal effects. Common Form Probate Common form probate […]
Read article →Do I have to list personal property assets when completing a year’s allowance in an estate? (KY)
Disclaimer: This information is offered for educational purposes only and does not constitute legal advice. Understanding Year’s Allowance Under Kentucky Law In Kentucky, a year’s allowance provides a surviving spouse or minor children with support from the decedent’s estate for one year. The allowance covers food, shelter, and other necessary expenses. You claim this allowance […]
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