Many people in Kentucky and elsewhere believe that probate only occurs if a person doesn’t have a will. However, this is not true; in reality, the process occurs based on a few different situations. This is when probate is necessary and what to expect. Understanding...
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Year: 2022
Reasons why the probate process may include litigation
The probate process is not designed to be difficult and messy. However, sometimes, if enough questions, disagreements and suspected wrongdoing surface, probate litigation may be the only option for resolution. Mismanagement and breach of fiduciary duty by the executor...
Divorce rates go up when the wife gets sick
When Kentucky couples get married, most vow to stay by each other's sides in sickness and in health, but research indicates that major health concerns can result in divorce. Statistics show that men are more likely to leave their wives than women are to leave their...
What’s the difference between marital and non-marital property?
Divorce and separation are rarely happy occasions. Even when the split is amicable, couples in Kentucky can become irrational when it comes to dividing property or discussing custody and visitation matters. The longer you're married and the larger your estate, the...
How to make shared parenting successful
Sharing custody of the children after a Kentucky couple breaks up can be challenging to the parents, but, if done well, can be very beneficial to the children. Successful shared parenting takes patience, commitment and a willingness to compromise. The children’s needs...
Handling conflicts between wills and trusts
Planning for the future is something every Kentucky family should consider. Having the proper legal documents in place simplifies property distribution after the death of a loved one. As you consider your assets, you will want to determine whether a will, trust or...
Possible delays are an extra reason to avoid probate entirely
The Kentucky probate process can take an extended amount of time for a variety of reasons. While a primary reason to avoid probate is protecting personal assets, the amount of time it may take to contact all beneficiaries can be problematic as well. This happens in...
What is ancillary probate?
Probate is a process that most people want to minimize or avoid if possible. But there are associated procedures that can increase the difficulty and complexity of the situation. Ancillary probate is one of them. It can almost double the work that an executor may have...
Does everyone have to go through probate?
Probate is a daunting task for many individuals in Louisville, Kentucky. They are worried about the legal costs involved and potential conflicts among their heirs. There are some special circumstances where a small number of people do not have to go through the...
What is the role of an executor during the probate process?
When someone in your family passes away, their estate typically goes through probate. Considering that, most decedents in Kentucky choose to have someone oversee the distribution of their estates. This role is otherwise known as an estate's executor. With that in...