Carrie D. Ritsert, Attorney At Law Carrie D. Ritsert, Attorney At Law 2026-08-11T15:33:19Z https://www.hsrlouisvillelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1200928/2021/01/cropped-Favicon-32x32.png On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Life expectancy is low and declining in Kentucky]]> https://www.hsrlouisvillelaw.com/?p=49101 2026-08-11T15:33:19Z 2026-08-11T15:33:19Z In Kentucky, life expectancy has been on the decline. This has been seen in the state as a whole, although there are some significant differences between counties. Counties that are in a relatively higher wealth bracket, for example, tend to have higher life expectancy rates than poorer counties. Overall, Kentucky ranks rather low compared to other states. For instance, life expectancy for women is 78.1 years old, according to some reports, which is a full seven years lower than in states with the highest life expectancy. Men are six years lower than in the healthiest state, but men in general also have a lower life expectancy, so it comes in at just 72.1 years old for males in Kentucky.

Probate and estate administration

It is important to monitor these trends from a health perspective, but there are also some legal connotations. Many people grow up in Kentucky and then leave the state, for example, while their parents may remain. Because Kentucky has a relatively low life expectancy, and one that has been consistently on the decline, their parents may pass away while they are living elsewhere. This can create some complex cases as their parents’ estate goes through the administration and probate process. Estate administrators need to know exactly what legal steps to take and what options they have, such as when they can conduct estate administration virtually and when they need to be physically present in Kentucky to do so. For those who are navigating this complex system after a parent passes, it can be helpful to work with an experienced estate administration attorney.  ]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[What happens if a Kentucky estate cannot pay its bills?]]> https://www.hsrlouisvillelaw.com/?p=49100 2026-08-07T16:11:04Z 2026-08-07T16:07:29Z Which bills get paid first? A personal representative cannot simply pay creditors in the order that bills arrive. When an estate does not have enough assets to cover all valid claims, Kentucky law sets an order for payment. In general, that order includes:
  • Costs and expenses of administering the estate
  • Funeral expenses
  • Certain debts and taxes that receive legal priority
  • Other valid claims against the estate
Creditors in the same group generally have the same priority. Following this order becomes especially important when there is not enough money for everyone. The amount available may also affect what happens to property in the estate.

Could estate property be sold?

An estate may include a house, vehicle or other valuable property but have little cash available for bills. Depending on the circumstances, some estate property may need to be sold to provide money for valid expenses and debts. Even if certain property is left to a beneficiary in a will, the estate may still need to address its legal obligations before making distributions. As a result, beneficiaries may receive less than they expected.

What happens when the money runs out?

If the estate cannot cover every valid claim, lower-priority creditors may receive only part of what the estate owes or nothing at all. Simply handling the estate generally does not mean you must cover unpaid debts with your own money. Beneficiaries receive distributions from what remains after the estate addresses required expenses and valid claims. If those obligations and any applicable allowances use the available estate assets, there may be little or nothing left to distribute.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[What basic rights do fathers have during divorce?]]> https://www.hsrlouisvillelaw.com/?p=49099 2026-07-16T14:25:56Z 2026-07-16T14:25:56Z Protecting your role in your child’s life Your basic rights usually include the opportunity to seek custody, request parenting time and take part in major decisions. To support your position, you should be ready to show that continued involvement benefits your child. Key steps to achieve this may include:
  • Request custody or shared parenting: You may ask for physical custody, legal custody or a shared arrangement that keeps you actively involved.
  • Seek a clear visitation schedule: A detailed plan can address weekdays, weekends, holidays, school breaks, transportation and communication.
  • Participate in major decisions: Legal custody may allow you to help decide matters involving education, health care, religion and important activities.
  • Gather proof of involvement: Keep records showing school participation, medical appointments, daily care, expenses, messages and time spent together.
  • File the required court papers: Start or respond to the divorce case, complete custody forms, propose a parenting plan and meet all deadlines.
  • Follow temporary orders: Until the case ends, comply with existing schedules and avoid conduct that could appear harmful or uncooperative.
  • Never speak ill of the other parent: No matter the circumstances that led to the divorce, you should never badmouth your child’s mother, as it may lead to more conflict.
Your rights are strongest when you remain consistent, child-focused and respectful throughout the process. Because custody disputes can become detailed and emotional, seeking the guidance of a legal professional can help you protect your relationship with your child while presenting an organized case.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[How does probate affect the home of the deceased?]]> https://www.hsrlouisvillelaw.com/?p=49098 2026-07-07T20:22:29Z 2026-07-07T20:22:29Z A home may ultimately be the most financially valuable asset that a loved one leaves behind when they pass away. After a person's death, the issue of whether their home can be sold, transferred or occupied immediately generally depends on how the home was owned and whether it must pass through probate. Probate is the legal process used to administer a deceased person's estate, pay valid debts and distribute remaining assets to the appropriate beneficiaries or heirs. If a home was owned solely by the deceased and was not transferred through another estate planning tool, it will often become part of the deceased’s probate estate.

What does this mean, practically speaking?

During probate, the court typically appoints a personal representative or executor to manage the estate. That individual is responsible for protecting the property, maintaining insurance, paying certain expenses and determining whether the home in question should be transferred to beneficiaries or sold. Until the probate process is complete, family members generally cannot assume they have the authority to sell or otherwise dispose of the property. Not every home passes through probate, however. Property held in a living trust, owned jointly with rights of survivorship or transferred through certain beneficiary arrangements may pass directly to the surviving owner or designated beneficiary outside the probate process. The manner in which a property was titled is often one of the most important factors in determining what happens next. Generally, however, mortgage payments, property taxes, insurance premiums and necessary maintenance do not stop simply because the owner has passed away. These expenses often continue during the administration of an estate. At the end of the day, a skilled legal team can explain how probate applies to a particular property, help personal representatives fulfill their responsibilities and guide families through the legal steps necessary to transfer or sell a home while protecting the interests of everyone involved, consistent with the unique circumstances at issue. ]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Marital debt can be difficult to divide during a divorce]]> https://www.hsrlouisvillelaw.com/?p=49096 2026-06-27T18:05:13Z 2026-06-27T18:05:13Z marital debts, determining what to do is critical because some options may lead to negative impacts on the individual’s creditworthiness. Understanding the options that are available may be beneficial if you’re in this position.

Liquidating assets

One of the options you have is to liquidate marital assets to pay off the debts. This would enable both parties to start with a fresh financial slate after the divorce. Once the assets are liquidated and the debts are paid off, the remainder of the marital estate would be divided so the marriage can legally end.

Assigning debts

It’s not always possible to fully pay off debts. Any debts that aren’t paid off will have to be assigned to someone, but this doesn’t mean the creditor has to abide by that ruling. The divorce is a civil matter that the creditor isn’t part of, so the creditor can still hold both parties accountable if the debt isn’t paid. This means that if your ex doesn’t pay what they’re assigned to pay, you may end up taking a negative hit on your credit report. The property division process is only one part of the divorce, but it’s one that can have a major impact on your future. Considering each option that’s available and determining what’s truly in your best interest can be challenging but it’s critical that you do this so the marriage can legally end.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Older couples have a rising divorce rate]]> https://www.hsrlouisvillelaw.com/?p=49095 2026-06-12T00:55:53Z 2026-06-12T00:55:53Z under 45, while it has been rising for those who are over 45. When looking at Baby Boomers and others who get divorced much later in life, statistics demonstrate that the divorce rate has tripled for those over 65 years old.

What does this mean for modern divorce?

Age is an important issue to consider because it can change the focus of the divorce process. For younger couples, the focus is often on children. Many younger spouses need to split up child custody rights, etc. But older couples may be empty nesters without any minor children living at home, so they do not have to make these types of decisions at all. At the same time, these older couples are getting closer to retirement. They have spent decades saving money and accumulating assets. They may need to divide ownership of a much higher level of marital property than is typically found with younger couples. So, the property division process can be more complicated than it might otherwise be. For either age group, there are pressing issues when it comes to dissolving a marriage. It is important for couples who are going through this process to know exactly what legal rights and options they have available to them. Seeking legal guidance can help.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Relocation may require a custody modification]]> https://www.hsrlouisvillelaw.com/?p=49094 2026-06-01T16:53:47Z 2026-06-01T16:53:47Z If you share custody of your children with your ex, it can complicate a relocation. You may be required to modify that custody arrangement first. You do not have the same freedom to move with the children that you would on your own, because your ex’s custody rights must be respected. What the court is really looking for is that you are not trying to move out of spite or just because you want to interfere with the custody order.  For example, maybe you have to exchange custody every other week with your ex, but you are requesting a modification to move five hours away, which would make this exchange schedule difficult. If the court thinks there is not a valid reason to move and you are just trying to do it so that your ex will not see the kids, they are likely to deny the modification.

Good-faith reasons

To show that the modification should be made, you can provide some good-faith reasons demonstrating why you want to move. Examples include:
  • Moving closer to grandparents or other extended family members
  • Looking for a better living situation or a lower cost of living for the child
  • Taking a job offer that you have already received
  • Furthering your education by enrolling in college in a different city
These are just a few examples, but the general idea is that the court wants to see that the move would be beneficial for the child and that it is necessary. Even if you believe you have a valid reason to move, you must seek a modification first. Do not violate the existing custody order. Take the time to look into all of the necessary legal steps.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[When might an estate owe income taxes during the probate process?]]> https://www.hsrlouisvillelaw.com/?p=49092 2026-05-16T13:15:53Z 2026-05-16T13:15:53Z How do estates generate income? The income of an estate comes from the sale of estate resources. Whether the deceased party left instructions to liquidate their assets or the personal representative holds an estate sale because family members do not want their household property, the revenue generated through those transactions may be subject to income tax. Once the amount of revenue reaches $600, the estate is responsible for federal income taxes. The personal representative must keep a portion of the sale proceeds and file a tax return the following April for the estate itself. In cases where estate administration spans multiple years due to probate litigation or an extensive estate, multiple estate income tax returns may be necessary. A failure to address tax obligations can lead to personal representative liability. They may become responsible for covering the unpaid estate income taxes, as well as any penalties and interest imposed by the IRS due to the delay in payment. Working with a probate attorney can help personal representatives understand and fulfill their legal and financial obligations effectively.]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Do you need court approval to sell property during probate?]]> https://www.hsrlouisvillelaw.com/?p=49091 2026-05-04T11:26:58Z 2026-05-04T11:26:58Z If you’re managing a loved one’s estate in Kentucky, you may need to sell certain assets to pay debts, cover expenses or distribute inheritances. It sounds straightforward, but probate law doesn’t always make it simple. Whether you can move forward with a sale right away or need court involvement depends on several factors. Getting this wrong can lead to unnecessary issues and even expose you to legal or financial liability. The key is understanding your role before taking action. 

When court approval is required

Sometimes, the will may authorize the personal representative to sell property without court involvement, which means you may be able to move forward without filing a separate petition. Additionally, if all heirs and beneficiaries are adults and consent in writing to the sale, Kentucky courts may allow the transaction to proceed with fewer procedural hurdles. However, if the will is silent on the matter or if there’s no will at all, the personal representative must petition the probate court for permission to proceed with a sale. The court will want to see that the sale is in the estate’s best interest, that the proposed price is fair and that the sale proceeds will go toward legitimate estate purposes.

Getting it right from the start

As mentioned, selling estate property without proper authority can create serious problems. The transaction could be challenged, delayed or even reversed if you proceed without proper authorization. Buyers and title companies will also want proof that you have the legal right to sell. If you’re unsure about your authority to sell or need help navigating the process, reaching out for professional legal guidance can save you significant time, money and stress down the road.  ]]> On Behalf of Carrie D. Ritsert, Attorney At law <![CDATA[Can living out of state delay the probate process?]]> https://www.hsrlouisvillelaw.com/?p=49090 2026-04-16T15:51:10Z 2026-04-16T15:50:10Z What often slows the process from another state Living outside Kentucky does not automatically stop probate, but it often adds extra steps that may lengthen the process. Some of the challenges that cause delays include:
  • A nonresident executor may need to meet added procedural requirements: In Kentucky, a nonresident applicant must designate a resident process agent in the county where the estate is pending. Depending on the case, bond requirements may also apply under the state’s general probate rules.
  • Distance often makes routine estate tasks harder to complete: Managing a house, locating records, meeting with appraisers or working with local banks and other professionals often takes longer when you are not nearby.
  • Paperwork can move more slowly across state lines: Some filings and estate documents require signatures, notarization and delivery to the proper court or party. Mailing and coordinating those documents often adds days or weeks.
These factors shape how efficiently an estate moves forward and where delays are most likely to occur.

Why early guidance can make a difference

Handling an estate from another state often requires more coordination. Local rules, property concerns and filing requirements can become harder to manage from a distance. Probate matters often involve added steps that take more time and effort to complete when you live out of state. Since managing an estate can be more complex at each stage, early legal guidance on procedures can help you stay organized and avoid unnecessary setbacks.]]>