According to the National Low Income Housing Coalition, tenants occupy 563,173 rental units in Kentucky. These tenants sometimes have disputes with property owners that escalate to a point where legal intervention becomes necessary. When landlords receive an unfavorable ruling in these cases, the Kentucky Constitution allows them to appeal the decision. However, they can do so only under certain circumstances. Reasons for litigation Property owners may seek legal action against renters for the following reasons: Non-payment of rent Property damage beyond normal wear and tear Violation of lease ..read more

Probate is necessary for many estates in Kentucky. The courts will often oversee the distribution of someone’s assets if they die without a will or have particularly valuable personal property in their estate. However, estates generally only require probate litigation when something goes wrong. Provided that someone took the time to carefully plan for their estate before passing, their will should govern what happens after they die. Someone’s testamentary documents should clearly state who should receive which property from their estate, and the personal representative handling estate administ ..read more

When it comes to the probate process in Kentucky, real estate assets can play a significant role. Understanding the management and potential sale of real estate in probate is important for beneficiaries and executors. Following the steps properly ensures a smooth and lawful resolution of real estate matters. Inventory and appraisal One step in handling real estate assets in Kentucky probate is to create an inventory of all the decedent’s property, including real estate. An appraisal may be necessary to determine the fair market value of the real estate. Notification to beneficiaries Beneficiar ..read more

Probate is the legal process that is used to transfer title of assets from the decedent (person who passed away) to his or her devisees (recipients named in the will) or heirs (recipients named by law).  Probate can be informal or formal, depending on the situation which includes but is not limited to looking at the amount of assets owned at the time of passing and how those assets are titled. The probate court will validate the will, if there is one, or apply the intestate laws, if there is not, to distribute assets and settle debts. Intestate laws apply when there is no will a ..read more

Writing a will is a significant step in helping to ensure one’s assets are distributed according to their wishes after death. However, there are situations when the validity of a will may be questioned, leading to disputes and legal battles among the interested parties. In Kentucky, there are specific grounds upon which a will’s validity can be challenged. Some of the most common are detailed below. Lack of testamentary capacity One of the primary grounds for challenging a will is the alleged lack of testamentary capacity of a will creator. Testamentary capacity refers to the mental and legal ..read more

Being appointed an executor of an estate can be a significant responsibility. When the testator dies, you will manage their estate and distribute it to heirs. But when will you assume your duties? Here is what you should know: Immediately after the testator dies Most executor duties commence when the will goes to probate. However, there are exceptions – you may need to assume your responsibilities when the testator dies. This includes registering the death, setting up funeral arrangements and paying reasonable funeral expenses. You may also take steps to care for and preserve the deceased’s es ..read more

With someone dies, their estate will usually have to go through a process called probate. This process is intended to make sure that your final debts are paid (if possible) and make sure that your remaining assets are properly distributed.  Probate can take several months – anywhere between a year to a year and a half. The length of probate often depends on the complexity of your estate and the assets listed in your will. Probate could also lengthen if your beneficiaries dispute the validation or clarity of your will or had issues with the assets allocated to them. Is there any way to acc ..read more

After a testator’s death, your role as their executor will begin — and one of your primary jobs is making sure that the probate process is properly opened and completed. While going through the probate procedures, you will often find it necessary to communicate with the testator’s heirs. Here are some tips that can help: Inform the heirs that probate on the estate has begun When you take the will to probate, you will notify the beneficiaries and other interested parties. This alerts them that estate administration has begun. Your notice should also inform them they can request a copy of the wi ..read more

Family businesses are a cornerstone of American society, with half the nation’s GDP generated by small family-owned businesses. Customers may like the familial atmosphere of seeing two or three generations working together or the dynamic of sisters and brothers melding family and work life together. Still, that dream can become a nightmare if siblings are at odds with one another, which is why an estimated 77% of businesses fail, often by the third generation. Conflicts are a common cause Blood may be thicker than water, but unrelated business partners often come together because of similar bu ..read more

Every reputable business’s lifeblood involves contracts. They stipulate terms for sales and services provided, price and dates for suppliers, and should include clauses that address foreseeable issues that cause one party not to meet the terms. While it makes good business sense to keep business finances separate from personal ones, Business A may request a personal guarantee if Business B is a partnership, LLC, C corporation, trust or other legal structure. The signee/guarantor for Business B becomes legally liable for a business’s unpaid debt regardless of the business’s structure. Vendors a ..read more