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Kentucky Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I have a 2 year old niece I want to name as an heir.

I have a 2 year old niece, who I want to name as an heir. I do not want her parents, my brother and sister-in-law, to have access to the money. I want her to inherit it when she becomes an adult. How do I accomplish this?

Anthony M. Avery
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answered on Aug 20, 2024

Your heirs are determined at your death, not while you are alive. For money a trust will be in order with a good Trustee running it until the Trust is executed and distributed to the grown Niece. If land is involved, hire a competent KY attorney to draft a future interest deed with the Niece... View More

1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Kentucky on
Q: What time of attorney should I seek?

I just found out that my brother and i co own a home (bc our mother died) with our aunts. My grandmother has been gone 9 years (mom almost 11 years). I rented her home from my aunt's for 3 years and 8 months without knowing I was a co owner. I paid roughly 25 000 in rent. Do I have a case? And... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. What kind of attorney? Maybe a starting point would be an attorney who deals with wills and estates (it looks like you're already pointed in the right direction with your selection of the "Estate... View More

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: if you have been approved for long-term disability with your company, can they terminate your insurance for healthcare?

Long-term disability was approved and after almost 2 years they discontinued insurance with no notice. That discontinued for me and the family. The company has not told me why or how this happened. The insurance company does not know why or how. I keep getting a runaround with no insurance that is... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

A Kentucky attorney could advise best, but your question remains open for a week. If you could demonstrate that the termination was tied to a reluctance to honor a disability claim, you might have elements of bad faith there. You'd need to demonstrate that the termination of coverage was... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: State bond hold someone up on federal detainer?
James L. Arrasmith
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answered on Jul 21, 2024

If you are under a state bond and there's a federal detainer, the state bond alone won't prevent the federal authorities from taking action. The federal detainer indicates that federal authorities want to take custody of you once state charges are resolved. This means that even if you... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Consumer Law and Health Care Law for Kentucky on
Q: What type of lawyer do I need to do a class action lawsuit on a Medicaid KY rehab facility in Mercer county KY
James L. Arrasmith
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answered on Jul 21, 2024

To pursue a class action lawsuit against a Medicaid rehab facility in Mercer County, KY, you'll need a lawyer with experience in class action litigation and familiarity with healthcare law. These types of cases often involve complex regulations and multiple plaintiffs, so having someone who... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Consumer Law and Health Care Law for Kentucky on
Q: What type of lawyer do I need to do a class action lawsuit on a Medicaid KY rehab facility in Mercer county KY
Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

Reaching out to attorneys who handle health care litigation could be a starting point. An experienced attorney should be able to determine if the theory of your contemplated lawsuit would lend itself to a class action lawsuit. Law firms that handle class actions tend to be large, with considerable... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Landlord - Tenant for Kentucky on
Q: I need attorney who can see how big of a case I have and help me do something about it? someone should have helped me

Not too long ago our circuit court clerk made national headlines when she violated a gay couple. They sued and won. The city had 2 pay 4 violating the constitutional rights of that couple. I said that 2 say this town won't change till theyreforced 2. despite me calling on every legal... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about what you've been through. You should find a lawyer who can help you hold your landlord accountable for his actions and the severe harassment you’ve faced. It’s important to document all instances of harassment, threats, and any disconnection of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: What can be done about KFC employees making a false report to the police

KFC employees called police after we went thru the drive through and told police there was a gun in my car being pointed to the backseat at my son and granddaughter by me. We went thru paid for our food, stopped and parked as there was missing fries. My spouse went inside got the fries and sauce... View More

James L. Arrasmith
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answered on Jul 20, 2024

I understand how upsetting and confusing this situation must be for you. It's important to address the anxiety you're feeling and to take steps to protect yourself legally. The first thing you should do is document everything that happened, including any receipts, witness statements, and... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Kentucky on
Q: How can I estimate damages awards in my 42 U.S.C 1983 civil rights and personal injury case.

My federal civil rights case is in discovery phase of pretrial and I need to present an average estimate for damages awards for both physical and emotional injuries.

James L. Arrasmith
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answered on Jul 20, 2024

Estimating damages in a 42 U.S.C. § 1983 civil rights and personal injury case involves several factors. You need to consider both the economic and non-economic impacts of your injuries. Economic damages might include medical expenses, lost wages, and any other financial losses directly related to... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Kentucky on
Q: my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign. What should he do

my boyfriends paid lawyer advised him wrong about a plea agreement deal to get him to sign (told him they wpuld drop the PFO1 if he took 10 years at 20 percent, which was not the case. It was 10 years without possible probation/parole and charges were also enhanced by the PF01, which was also not... View More

Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

This seems like a serious question, and I recommend speaking to an attorney licensed to practice in Kentucky ASAP (Legal aid could probably work as well). The reason for this is even though you asked about malpractice, there could be steps your boyfriend could take to withdraw his guilty plea... View More

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

Anthony M. Avery
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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Education Law and Gov & Administrative Law for Kentucky on
Q: What laws do I need to make sure I completely understand a Special Education Director? and how to train my SPED teachers

How do I train Special Education teachers in legal issues?

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

You should be able to contact your state's Department of Public Instruction for resources on training K-12 staff on compliance with the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and other relevant laws that may be... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: I was arrested on a complaint warrant for 4th degree assault. If I have witnesses to the victim trying to break my door

The victim to assault was trying to enter my home I have witnesses can I fight this

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You should definitely tell your attorney about these witnesses and provide their contact information so that an investigator can go obtain written statements from these witnesses. You should maintain friendly relationships with these witnesses and periodically check in with them to ensure you know... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Kentucky on
Q: Eviction and arrest

I have a friend who was being evicted from their apartment, right before eviction court they had gotten arrested. The court proceeding continued, and now the landlord and property manager had already began taking out valuable things in their apartment, even before the eviction have been decided on... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation raises several legal concerns. Let me break down the key issues and provide some general information:

1. Eviction process:

Generally, landlords must follow proper legal procedures for eviction, which typically includes:

- Providing proper notice

-...
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1 Answer | Asked in Social Security for Kentucky on
Q: I would like to file a claim for disability based on MDD but am unsure of the requirements or compensation to expect
James L. Arrasmith
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answered on Jun 21, 2024

To file a claim for disability based on Major Depressive Disorder (MDD) through Social Security, here are some key points to consider:

Requirements:

1. Your MDD must be severe enough to significantly limit your ability to perform basic work activities.

2. The condition must...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

James L. Arrasmith
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answered on Jun 19, 2024

1. Type of bankruptcy: The rules may vary depending on whether you have filed for Chapter 7 or Chapter 13 bankruptcy.

2. Timing of the check: If you received the check before filing for bankruptcy, it might be considered part of your bankruptcy estate. If you received it after filing, the...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 16, 2024

You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: My non rent paying grandson has been gone for 2 months but has a deadbolt lock on his door and refuses to get his things

He is 36 and has never offered to help out with anything

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

Rent a storage unit. Pay one month's rent. Remove the deadbolt. Move his stuff into the storage unit. Tell him where it is and that you have paid one month's rent. He is free to continue to store it there if he pays the monthly rent, or he can retrieve his stuff and move it somewhere... View More

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