A preliminary injunction is a legal order that requires a party to do or refrain from doing something while a legal case is ongoing. The purpose is to preserve the status quo and the legal rights of both parties until the court reaches a final decision. Even though preliminary injunctions are temporary, defendants may still appeal them in the Kentucky Court of Appeals. Tests for issuing a preliminary injunction To obtain a preliminary injunction in Kentucky, the party seeking it must demonstrate the following two key factors: Violation of rights: The defendant is behaving in a way that violate ..read more

Estate administration broadly involves navigating probate proceedings and fulfilling someone’s last wishes. The personal representative of a Kentucky estate must also fulfill someone’s remaining obligations that they could not meet before dying. For example, estates typically assume responsibility for the debts of those who die. The assets in the estate typically need to go towards paying someone’s obligations before the personal representative begins distributing resources to someone’s chosen beneficiaries. Debts are only one of several obligations that can diminish the value of an estate. Ta ..read more

Personal injury litigation involves legal disputes that arise when one person suffers harm from an injury or accident, and someone else might be legally responsible for that harm. In Kentucky, proceeding with personal injury litigation requires an understanding of several key stages and principles. Understanding personal injury litigation Personal injury litigation allows injured parties to seek compensation for their losses, which can include medical expenses, lost wages and pain and suffering. The process begins when the injured person, known as the plaintiff, files a complaint against the p ..read more

Blended families bring together various individuals under one roof, creating a unique dynamic that requires careful consideration when planning for the future. Estate planning helps ensure fairness and prevent conflicts after one passes away. Knowing the key aspects of estate planning for blended families can help you work through this complex process. Understanding blended family dynamics Blended families often include children from previous relationships, step-children and sometimes, new children from the current relationship. Each member might have different expectations and needs, making t ..read more

Depositions are meetings where witnesses provide sworn testimony outside of the courtroom. They play an important role in civil litigation. These sessions allow parties to gather information and build their case. Anyone involved in civil litigation should understand the purpose and process of depositions. Process During a deposition, both the defense and prosecution ask the witness questions. These questions aim to uncover facts relevant to the case. The witness must answer truthfully as if they were in a courtroom. Either side can use this recorded testimony as evidence during the trial. When ..read more

Probate is a daunting process, especially for those who serve as executors of an estate. If your loved one chose you as executor, you may find that the process requires extensive planning and organization. To fulfill your duties, you need to have a clear understanding of the process. File the petition for probate One of your first duties as executor is filing the probate petition. While your loved one names you executor, the court officially appoints you and grants authority to administer the estate. To file the petition, you will need information about the decedent, the will and your qualific ..read more

After diligently crafting your estate plan, choosing someone to carry out your wishes as an executor is a significant decision. An executor holds a position of trust and responsibility, tasked with managing your estate after your death. However, sometimes executors fail to fulfill their duties properly, leading to potential misconduct. 1. Lack of communication One of the primary duties of an executor is to keep beneficiaries informed about the estate’s progress. If you notice a lack of communication or updates about important matters, such as asset distribution or legal proceedings, it could b ..read more

The undue influence of an outside party is one of the scenarios in which someone could challenge or contest a will or other testamentary documents. Undue influence involves someone other than the testator or decedent having a degree of control over the testator’s estate plan. A claim of undue influence might lead to the Kentucky probate courts setting aside an entire will. In fact, the Kentucky courts can even void a trust if someone created it under the undue influence of another. Those hoping to inherit from an estate might have reason to raise questions about the influence of other parties ..read more

Civil litigation can be a complex and challenging process, and sometimes, the outcome may not align with one’s expectations. In Kentucky, individuals have the option to appeal a civil litigation decision. Understanding the key elements required for a successful appeal is necessary. 1. Grounds for appeal The first step in the appeal process is establishing valid grounds for challenging the initial decision. Kentucky limits grounds for appeal to errors made during the trial that potentially affected the outcome. These errors could include issues with the admission of evidence, misinterpretation ..read more

When a loved one dies and leaves behind a house, it can be a complex and emotional process for siblings to navigate. Understanding the probate process is crucial in ensuring a smooth transition of property ownership. Initiating probate The probate process begins with the court validating the deceased’s will, if there is one. The court will determine how to distribute the property if there is no will. You must file a petition to open the probate case. This filing kicks off the legal proceedings necessary for transferring house ownership. Notification and inventory Once the probate case is open ..read more