Guides
Kentucky probate articles
- A Legal Guide to Challenging a Trust in Kentucky
2025-07-02
A trust in Kentucky represents a significant strategic investment in the future, established to advance the economic success and well-being of its designated beneficiaries. Much like a formal endowment program designed to foster growth and …
- Enormous Judgment Entered in Kentucky Estate Dispute
2019-12-11
When fiduciaries of trusts and estates are also in control of family businesses, courts take breaches of fiduciary duty seriously. When misconduct is intentional and concealed, traditional ideas about statutes of limitations and prohibition…
- How Do You Make a Valid Will In Kentucky?
2021-02-26
To make a valid will in Kentucky, the will must be: In writing; Signed by the testator; Witnessed by two witnesses. The requirements to make a valid will under Kentucky law are found at KRS 394.040. Who Can Make a Valid Will Under Ke…
- Jurisdiction Over A Trust Dispute – The Kentucky Supreme Court Decides
2020-05-11
The Kentucky Uniform Trust Code grants concurrent jurisdiction of trust disputes to the District Court and the Circuit Court, but limits where a subsequent proceeding can be filed relating to the substance of the trust matter initially file…
- Kentucky Supreme Court: Bank Committed Breach By Failing To Follow Trust Code and Demanding Indemnification By Beneficiary
2022-05-03
In Estate of Worrall v. J.P. Morgan Bank , an April 28, 2022 opinion, the Kentucky Supreme Court determined that J.P. Morgan Bank committed a breach of its statutory and fiduciary duties under the Kentucky Uniform Trust Code by failing to d…
- Kentucky Supreme Court Determines Surviving Spouse Fraudulently Deprived Of Dower Right
2022-03-03
In Kentucky, a surviving spouse has an absolute dower right to one-half of the personalty of her deceased widow's estate. In Simpson v. Wethington , a February 24, 2022 opinion, the Kentucky Supreme Court held that a gift to Decedent’s son …
- Surviving Spouse Rights Kentucky
2019-11-05
A Kentucky surviving spouse has rights under Kentucky law, including: Intestate Share Dower Share Homestead Personal Property Exemption $2,500 Withdrawal Elective Share A widow's rights differ depending on whether the deceased spouse had a …
- Who Are Next Of Kin In Kentucky?
2020-09-14
In Kentucky, the term “next of kin” is often used synonymously with the term “heirs.” Next of kin heirs for purposes of intestate inheritance in Kentucky are generally the: Surviving spouse Children and descendants Parents Siblings Grandpar…