Author: Grubbs & Landry

Margo Grubbs Appears on SuperLawyers.com – A Peoples Lawyer: How Margo Grubbs Went from Policing to Defending the Underdog…

In August 2022, Grubbs was honored by the North Kentucky Bar Association as a local industry legend and trailblazer for women’s rights. While she worked at other firms briefly, she has spent most of her career in her own practice: 20 years at Grubbs & Landry in Fort Mitchell, focusing on criminal defense, civil injury and divorce cases.

> Read A Peoples Lawyer: How Margo Grubbs Went from Policing to Defending the Underdog

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Tips For Getting Social Security Administration (SSA) Benefits for Mental Illness…

Despite the shrinking number of state mental health facilities, the government does offer other forms of help for Americans who suffer from mental illnesses. The Social Security Administration does offer disability benefits for mental illness; however, getting benefits for mental illness is not as easy as getting benefits for a physical disability, but it is possible. SSA should recognize your claim if you have any mental disorder that prevents you from working and is expected to last at least a year. You usually must jump through many hoops for the support that you need. But do not give up if the claim is denied at first. Get a good attorney and go on to recover benefits through the appeals process.

The Social Security Administration’s Mental Disorder Listings

Social Security Disability (SSD) helps millions of Americans who are unable to work continue to receive a living wage. The SSA lists 11 broad categories of Mental health disorders that may qualify for disability payments.

Following are the 11 included categories:

  1. Neuro-cognitive Disorders – This category includes disorders like dementia, Alzheimer’s, Parkinson’s, Huntington’s disease, traumatic brain injury, brain tumors, and more.
  2. Schizophrenia and Other Psychotic Disroders – These disorders often involve symptoms such as catatonia, social withdrawal, the inability to achieve goals, and disorganized thoughts, speech, or behavior. If these disorders are severe enough to affect your work, you may qualify for disability.
  3. Depression and Related Disorders – These disorders include feelings of depression, loss of interest or pleasure, hopelessness, guilt, suicidal thoughts, and physical effects including changes in weight, appetite, sleep, and energy.
  4. Intellectual Disorders – Severe learning problems, inability to adapt, poor understanding, poor social skills, and poor practical skills often characterize these disorders.
  5. Anxiety and Obsessive-Compulsive Disoders – These disorders are characterized by anxiety, worry, fear, obsessions, fatigue, and panic attacks
  6. Somatic Symptom and Related Disorders – Symptoms include preoccupation with having a physical illness, discomfort, fatigue, and anxiety about your health, as well as physical symptoms that are not faked but have no medical explanation.
  7. Personality and Impulse-Control Disorders – This category includes disorders like paranoid disorder, schizoid disorder, schizotypal disorder, borderline disorder, and others.
  8. Autism Spectrum Disorder – People with autism usually have at least some problems with social interaction, communication, understanding symbolism, social or mental development, cognitive skills, unusual behaviors, unusual responses to stimuli, and many other possible symptoms.
  9. Neuro-developmental Disorders –The symptoms of these disorders include problems developing or learning, often brought about by abnormal vision, hearing, motor skills, and other processes.
  10. Eating Disorders – Symptoms of eating disorders include constant worrying about your body shape, weight, or size. People with these disorders often have episodes of high-volume eating or little to no eating and may vomit or perform excessive exercise to prevent weight gain.
  11. Trauma and Stress Disorders – These disorders may have similar results to obsessive-compulsive disorders and neurological disorders, but they are often caused by some significantly traumatic event or because of extreme stress. Post-traumatic stress disorder (PTSD) is the most common of these disorders.
The most important thing you can do to receive Social Security disability for mental health is to meet their requirements and document them well.

Qualifying For SSD With A Mental Illness

Often, demonstrating your disorder and its severity are the hardest steps toward qualifying for Social Security Disability. If you face a listed disability, you do not automatically qualify for disability benefits. You must first have your doctor or psychiatrist file paperwork that demonstrates how severe your condition is. The SSA considers a disorder severe enough to qualify for disability if it affects your daily life so much that you cannot perform work activities. This does not require that your disorder should require institutionalization or round-the-clock care. Instead, like physical disabilities, mental disabilities can be severe enough to prevent you from working without requiring constant hospitalization or supervision. You need to prove you can’t do the work you used to do. And you will need to prove that you can’t be trained for different work. And the illness needs to be a long term one. Even if your disorder is not on this list, you may still qualify for Social Security.

When deciding whether to file a Social Security Disability claim or after receiving a denial, you may consider hiring a lawyer to represent you in your claim. In fact, claimants with legal representation have much better approval rates than claimants who undertake the process themselves.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Kentucky Estate Planning For Domestic Partnerships…

If you are in a Domestic Partnership, it’s time to consider your estate planning. What is a Domestic Partnership? It is a legal or interpersonal relationship between two people who share a residency and a common domestic life but are not married or joined in a civil union?

What is a Domestic Partnership?

Common Law Marriage no longer exists in the Commonwealth of Kentucky so many unmarried couples choose to live in a Domestic Partnership. There are not any provisions under the statutes of Kentucky that will automatically provide for your partner in the event of your death without proper estate planning. However, many couples who are in Domestic Partnerships have not taken the time to establish an estate plan. Due to the lack of provisions under the statutes, not only does this not offer anything to your partner should one of you die, meaning the surviving partner will be forced to move out of the residences that they once shared with the deceased, but it can also hold up possessions and assets in probate keeping them from being distributed as there might be disagreements over who such assets and possessions belonged to. Fortunately, when you work with a knowledgeable attorney, this can be ameliorated. There are several approaches to planning your estate when it comes to real estate that can benefit those in Domestic Partnerships.

Joint Tenancy

If you are in a Domestic Partnership and want to own real estate together, Joint Tenancy might be a suitable option for you. In Joint Tenancy, the shared property will be automatically given to the other partner in the event of death. This keeps the estate from going into probate and is easy for an attorney to draft up. However, there is a drawback– the first partner to pass away does not have the ability to distribute their earned interest in the real estate to their heirs as their interest in the property will cease as soon as they die.

Tenancy In Common

This allows both partners to own property, but it will not be automatically passed to the surviving one immediately after their death. With this form of estate planning, each partner can sell, or bequeath, their portion of the property to whomever they choose. In case of death, the partner’s share may be passed through a living trust or will.

Last Will And Testament

When you have a properly executed your Last Will and Testament, you can provide for your domestic partnership. It does require the Will to be probated and supervised by the Probate Court. Delays will occur as they are mandated by the statutes in Kentucky before assets and possessions can be distributed to heirs or beneficiaries.

Living Trust

A Living Trust allows you to avoid probate in the event of a death. It can also offer the best control over your assets, and you can rest assured knowing your partner is taken care of when you are no longer here. There are other parts of Estate Planning that might assist you in your domestic partnership, so to find the best one for you and your partner, we advise reaching out to an attorney who has the necessary knowledge needed to work through this process. Get these issues taken care of now so that you can be sure your partner is taken care of when you are no longer able to do so.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

How To Take the Right Approach With a DUI Defense…

Driving under the influence (DUI) of drugs, alcohol or a combination of both is illegal in the state of Kentucky, as it is in all fifty states. When a driver is facing the potential consequences that come with a drunk driving offence, he or she will want to know how to avoid or alleviate as many of these consequences as possible. When you are charged with a DUI you will probably find yourself facing life altering penalties, even if it is your first offence. So, try to educate yourself on what you are up against. It is best to hire a DUI attorney and prepare a defense strategy. The first step is to understand exactly what you are facing and the penalties that could come with a DUI conviction.

How Your Life Will Be Impacted By A DUI Charge

DUI charges have the potential to have a significant impact on your life, both in the short and the long term.
  • The Impounding Of Your Vehicle 
  • Employment Prospects: A DUI charge can put your professional reputation at risk.
  • Civil Lawsuit: If someone else was injured as a result of you driving while intoxicated, you may face a civil lawsuit in addition to criminal charges. Both types of prosecuting can be emotionally and mentally challenging to deal with.
  • Car Insurance: Car insurance rates always go up after a DUI conviction. On average, the increase is 80%.  And some insurance companies will just cancel your insurance.
  • Personal Relationships: Getting a DUI charge or conviction can put strain on your close relationships, including those with your family and significant other.
  • Completion Of A Drug And Alcohol Treatment Program
  • Mental Health: One more significant way that a DUI can affect your life is something that many people don’t consider: your mental health. Criminal charges and convictions are inherently stressful. Even the experience of being arrested can bring on feelings of anxiety or panic. Additionally, surviving a drunk driving car crash can bring on post-traumatic stress disorder (PTSD).

The price for drunk driving in Kentucky is steep, and some of the specific penalties you could face if you plead guilty are severe.

What’s The Right Approach For Your DUI Defense?

You need to prepare a defense strategy uniquely suited to your case and your objectives. As soon as possible after your arrest, you will benefit from seeking an understanding of your legal options. One of the first things prosecutors focus on during a DUI case is your driving pattern. They routinely have the DUI arresting officer testify that you were driving in a manner “consistent with” someone who was under the influence of alcohol or drugs. Often, this so-called “pattern” includes allegations that you were speeding or weaving within your lane. Above all, remember to be upfront with your attorneys. You can tell them anything even if it’s not going to help you. The evidence you are holding in your head may just be able to help you, but you will not know that unless you are open and transparent with your attorney.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Assault Versus Battery – Understanding the Difference…

If you are facing criminal charges, you are probably worried about how they might impact your future– you know you have quite a bit to lose. Being formally convicted brings about the possibility of severe consequences, like fines, time in jail or prison, and so much more. You also risk the loss of your reputation, especially when the charges before you involve violence. This can change your entire future; it’s a lot to take in. The most common charges associated with acts of violence are assault and battery. While these seem to go hand in hand, they are two distinct charges. You might be able to benefit from learning as much as possible about these charges as you decide what your next move will be. How you choose to confront these charges can offer you an opportunity to fight for your future and potentially mitigate some of the penalties that might be on the forefront.

Understanding The Differences Between The Charges

Assault and battery are two distinct criminal charges that most often involve a physical act when one individual caused harm to another. Perhaps the most important element to distinguish one from the other is intent which can be hard to prove beyond reasonable doubt.

  • Assault – Occurs when one person causes or attempts to cause injury to someone else. You can face assault charges even if there was no direct physical contact. To prove assault, the prosecution typically has to prove general intent.
  • Battery – Happens when a person purposely harms, threatens, or has offensive contact with another person without their consent. It is not necessary for the prosecution to prove intent during a battery hearing.

Working through the Kentucky criminal justice system can be complicated and confusing. It is beneficial for you to understand what you are facing so that you can adequately prepare an effective defense strategy for your case.

What Do You Have To Lose?

Your future. Your livelihood. Your reputation. Everything. Facing assault and battery charges can be detrimental to your future and a conviction or guilty plea are NOT your only options. If you want to protect your future and possibly avoid being convicted, take action as soon as you learn about an investigation or are arrested. Educate yourself on what defense options are available to you.

Want a team you can trust to work for you and get you the best possible result for your case? We offer personal and friendly service that is cost-effective. Let our team be the advocates you need to get through this matter.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Understanding Probate and How to Sell or Buy Property That Goes Through It…

As the name suggests, probate assets must go through a court-supervised probate process after the owner dies, because probate is the only way to get the asset out of the deceased owner’s name and into the names of the beneficiaries. Buying property from a probate sale can be risky, but you can also come upon some lucrative bargains. You just need to do some research and find the terms and conditions that apply to the probate sale. Learn more about what is a probate sale and what you can expect when buying a house through this method.

When Does Property Have To Go Through Probate?

Dying without a will is known as dying intestate, which causes the estate to enter probate. Relatives of the deceased can petition the court to be named executor of the estate or the court can continue to manage the assets left by the deceased. Either way, the property will be overseen by a probate court. The proceeds of the sale will go to the heirs.

Time To Complete A Probate Sale

Buyers also have to work with the courts to buy a house through probate. While most home sales can close in less than a month, it can take between 18 to 36 months to close on a house in probate. This period takes longer because the process to list and approve the sale is more complicated.

Understanding Probate Court Proceedings

If you are interested in buying a house through probate, you may want to hire an attorney and a real estate agent. The realtor can help with the home-buying process while your attorney can give you the tools to navigate legal hurdles associated with the probate court. They can also serve as your representative for some hearings. One of the challenges of buying a home through this process is that the owner can’t disclose any known issues. They aren’t alive and can’t mention problems with the electrical wiring or leaks in the roof. This is why it is essential for buyers to hire a home inspector to look at the house. They can alert you to any problems with the property before you buy it.

How Are Probate Sales Different From Traditional Sales Of Property?

There are more pricing rules when it comes to selling probate property. Unlike with selling traditional properties, a probate property requires a sale price that is at least 90% of the appraised value set within a year of the sale. Because the two processes are so different, it’s important to hire professionals for the probate process. Otherwise, you run the risk of missing important steps, or being ignorant of certain laws and procedures. Those who are patient and willing to work with the legal system can potentially find a deal on a home.

Grubbs & Landry Can Help You Navigate and Avoid Probate

The death of a loved one is a very emotional time and we extend our deepest sympathy to each client needing help during this time. The last worry you should have is how to handle the estate matters. It is important to contact us as soon as possible after the death to assure efficient and accurate handling of the legal matters. There are certain assets of an estate that must go through the courts and other assets may be directly distributed to the surviving spouse, children or other beneficiaries. The first question to be asked is does the decedent have a Last Will and Testament? This document will determine the executor to be appointed to oversee the estate. If there is no Last Will and Testament, the intestate laws of the Commonwealth of Kentucky will be applied to the matters of the estate.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

3 Reasons Why You Should Be Wary of Online Divorce Services…

Getting a divorce is a stressful and often emotionally difficult process. Many people don’t want to go through the court system and hire a lawyer, thinking that this will take too long and cost too much money. In recent years, online divorce sites have started advertising as quick and easy alternatives to traditional divorce methods, providing people with the necessary documents to file without having to go to court. Online divorces are certainly legal, though they are not always recommended, especially if you and your spouse are facing a contentious divorce. If you and your spouse cannot agree on all major issues, then it’s best that you involve an attorney. If you are thinking about getting an online divorce, there are several drawbacks that you should consider before choosing this option…

Making Legally Binding Decision Without Professional Advice

The decisions you make in your divorce are legally binding. This means they cannot be changed unless there is a significant change in circumstances later on for you or your ex-spouse. Thus, having to make decisions about complicated legal issues without the advice of a knowledgeable lawyer can lead to regret. You may make decisions that are not in your financial favor, or you may agree to terms that hinder your relationship with your children in the long run. Thus, online and do-it-yourself divorce may result in regrettable decisions.

Completing Forms Without Assistance or Experience

Online divorce websites advertise as cheap, simple, and quick ways to obtain a divorce. However, they often still charge some money and do not provide assistance for making complicated legal decisions. This means you may actually spend more time and energy trying to figure out the necessary forms you must file than if you had the help of a lawyer. You will also have to do research to learn complex legal definitions and terms related to your case. The stress of filing for divorce through a do-it-yourself website is often much greater than hiring a knowledgeable attorney to walk you through the process.

In Court, Do You Want an Agreement Drafter or a Lawyer By Your Side?

An amicable divorce is synonymous with an uncontested or no contest divorce. Believe it or not, there is such a thing, and it works well in the appropriate contexts. However, if you have to show up to court with an agreement drafter online and your spouse has a lawyer by her side, you’re probably in for some trouble. An online service cannot replace an experienced and determined lawyer, especially when you are contesting complex family law issues. Divorce laws differ from state to state, and sometimes from county to county. While online divorce sites offer paperwork for general laws, they may not provide the exact details and forms that your particular county requires.

So are online divorce services safe to use? Relatively speaking, yes. But does that mean there are good for you? Probably not.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

What Happens When A Will Is Contested In Kentucky?…

Will contests happen when a person takes legal action and disputes the validity of a will. There are several reasons wills are contested so it is important you understand the process and what to expect should you ever find yourself dealing with such a dispute.

Why Are Wills Contested?

Perhaps the most common reason a will is contested is that the testator, the one who wrote the will, was not in their right mind when they wrote it. There are several reasons that a person might not be in their sound mind, especially later in life. This can be due to dementia, mental illness, or even being under the influence.

Another reason someone contests a will is because they feel the testator was influenced by someone else. Testators are sometimes pressured by others to write their wills in a way that solely benefits that person and leaves everyone else with the bare minimum, if anything at all.

The will may also be contested if it is forged or fraudulent. There have been cases where people forge wills or write up fake ones in an effort to obtain a person’s estate.

What Should You Do If You Believe A Will Is Not Valid?

If you do not believe a will is valid, you will need to file a petition in a probate court. Wills are usually filed at a probate court after a person passes and it is where you will go should you need to contest one.

When filing a petition, you need to specify the reasons you are contesting the will. The most common grounds that wills are contested are listed above. Be sure that you provide valid evidence to back your claims. When your petition is filed, the probate court sets a hearing date. At the hearing, both sides will present their evidence before a judge as they argue their side. It is then the judge’s decision to decide whether or not the will is valid.

Will contests can drain you both emotionally and financially, especially if you are having to battle it out with family. However, contesting a will is sometimes the only way you are able to make sure everything was divided fairly and as the testator would have wanted. If you decide to contest a will, be sure to have a solid case. Take the time to prepare yourself for what is to come– it isn’t as easy as you might think it should be.

Grubbs & Landry Can Help You With Your Last Will and Testament

No one wants to think about death, but if you have a Last Will and Testament, it will protect your interests and those of the ones you hold dear. Upon your death, if you do not have a Last Will and Testament, the Commonwealth of Kentucky gets to decide who receives all your assets. There are also certain ways to hold assets whereby such assets would not need to go through the court system but pass directly to your chosen beneficiary. Other documents we can prepare in line with this planning phase is a Power of Attorney and Living Will.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

How To Prepare Your Estate to Avoid Mistakes and Long Delays In Probate…

Most people are quick to think that only the wealthy have estates to leave to their loved ones when they pass, but that isn’t true. Everyone has an estate that is made of all of their assets. If you have a vast estate or just a few assets to leave behind, it is important that you take the time to learn the basics of estate planning. This is your first step in the process of giving your spouse, families, church, charities, or community a piece of your estate after your passing.

What Role Does A Probate Play In Estate Planning?

When people fail to properly do their estate planning, the courts are forced to carry out a process called probate. Probate is the legal process where the court will oversee how a deceased person’s estate is distributed.

The steps of a probate are as follows:

  • Identifying any debts and existing assets
  • Paying off those debts
  • Distributing the remainder of their assets

Will All Estates See Probate?

For most after-death distribution of assets that belong to estates, some level of probate will occur. While there are estates that do not see probate, the courts usually verify trusts, wills, and any other documents pertaining to estate planning. Courts can appoint a personal representative that will oversee the estate and distribute assets. Typically, estates will have their own appointed executor(s) named before the testator passes.

Probate Can Be Timely

Regardless of if the courts are in complete control of administering an estate or if they have very little involvement, probate can take a long time– some even take years. There are quite a few reasons that some probates take more time than others.

These include situations such as:

  • The testator did not choose a good executor
  • Beneficiaries are not agreeing or getting along
  • The estate includes several wills
  • The IRS requires the estate to file their federal estate tax returns
  • Beneficiaries do not live near each other
  • The estate includes unusual or rare assets that are difficult to distribute
  • There are many beneficiaries listed
  • The estate has assets in several states or other countries

It might seem that a probate can be unnecessarily long and drawn out, however, the courts only spend that amount of time to be absolutely sure that executors are distributing the assets as evenly and fairly as they possibly can. Want to avoid a long, drawn-out probate? Take the time to properly plan your estate. Your loved ones will thank you.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

The 4 Main Steps For Settling an Estate After Death Through Probate in Kentucky…

Kentucky has a lenient time requirement for probate. According to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person’s death. However, it is better to file soon after the person’s death and to complete the probate process as quickly as possible. A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. Since state death taxes are no longer treated as a credit for federal estate taxes, there is no Kentucky estate tax. Below is the process for settling an estate in Kentucky.

A Petition To Open Probate Must Be Filed With The Court

A hearing is held for the court to approve someone to act as executor. The executor has the job of notifying the heirs and creditors. They will need to publish a notification in a local newspaper. This is done with the county court clerk. If the decedent left a will, the original document must be filed with the petition.

Inventory Filing

The Kentucky probate process requires the executor file an inventory of the estate probate assets within 60 days after being appointed by the court. This often involves writing down every personal item that was listed in the decedent’s will or every item of significant value that was left behind in his or her residence. The idea is that 60 days should provide the executor time to complete an investigation of the assets to report in the inventory. Sometimes assets are not fully discovered during this 60-day period and the inventory is filed with the best available information. The inventory can be amended later with more complete information, if needed.

Settling The Estate

The executor must file an accounting of the estate’s receipts and disbursements. Then the money that is distributed, such as funeral and burial expenses, final medical bills, and debts must be recorded.  After all the estate taxes and fees are paid, the remaining estate is distributed to the heirs. The executor then prepares and files a final settlement with the court.

Closing The Kentucky Probate Process

After all the administration tasks have been completed for an estate, the estate needs to be closed with the probate court, at which time the executor will be discharged and relieved from further responsibility in the estate matter. In Kentucky, estates can be closed by either an Informal Final Settlement process or a Formal Final Settlement process.

If you are an executor, probate can be a confusing process, so you are wise to start knowing every step of probate. If you’d like some guidance as you go through the process, a probate lawyer can help. A probate lawyer is a state-licensed attorney with experiencing helping executors settle an estate.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.