What if you are getting a divorce and you and your spouse have a pet that you both love? Determining who gets custody or the pet in a divorce can be a devastating and emotional decision.
Determining Pet Custody
Laws are designed to protect the best interests of human children in divorce (allowing for shared custody, visitation, and alimony), the laws for pets are intended to benefit the owner instead. Under the law, pets are considered to be personal property, capable of human ownership and control. Courts working under that law only strictly have the authority to award a pet to one owner or the other. To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next. If one spouse adopted the pet before marriage, he or she will retain custody of the pet after the divorce. If the couple adopted the pet together after marriage a judge will consider the unique circumstances to make a decision. Things that may affect who gets the pet include…
Who will be living in the family home? – That could be a big factor. Where each spouse will live after the divorce. Will both of you have a nice yard for the dog? The spouse with the larger home may be the judge’s preference to take the pet.
Will one spouse be moving abroad? – Local laws could affect whether you can bring a pet. If one spouse is moving, the judge will probably decide the pet is better suited to live with the other spouse.
Who was the pet’s true caretaker? – Who walked the pet? Who took the pet to the vet? Who shopped for the pet’s food and supplies? Who cleaned up after the pet? He or she may be more likely to receive custody of the pet.
The pet’s best interest – The judge will choose the pet parent and home that is best suited for the pet.
Consider Splitting Dog Custody
Creative pet custody arrangements made by the two of you could be the best decision. Come to your divorce hearing with the decision made by the two of you about your pet’s custody. Be flexible and willing to compromise. Maybe one spouse would agree for the other spouse to have custody to keep the pet anytime that the custodial owner is out of town or has a busy week. Or maybe a friendly “dog share” that allows each plenty of time with their beloved pet, one month on, one month off. Of course, the dog must be an easygoing guy who does fine with all the back-and-forth. With a little foresight, and by keeping the best interests of your pet at heart, you can help make the difficult process of divorce a little bit more bearable for the whole family, and everyone will come out happier in the end.
Contact us (859-341-2500) for a Free Consultation!
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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
Debt and divorce go hand-in-hand like peaches and cream, only it’s definitely not so sweet all the time. If you’ve been married for any length of time, it’s almost certain that you and your spouse have some marital debts. How these debts are handled during your divorce can make a big impact on your credit long after the two of you split. Once you say “I do” you are not only blending your life with your partner you are also commingling your finances, your property, and your debt plus the marriage debt such as mortgages, credit cards, car loans, and maybe even student loans. What happens to those debts when you and your spouse split up??
Assigning Debts in Property Division
Equitable distribution is a method of dividing property at the time of divorce. All states except for a handful follow the principles of equitable distribution. Equitable distribution does not mean “equal”; it means that assets acquired during a marriage are subject to distribution. Each spouse is responsible for the debts they incurred before and during the marriage. Even if it was acquired during the marriage the spouse will usually be given the debt they acquired during the marriage. If you and your spouse cannot decide who will be responsible for paying certain debts the judge can divide the debt on your behalf. In Kentucky, divorcing spouses are less likely to incur their spouse’s debt than in states that do not have equitable distribution. However, there is always a but you could still be saddled with your spouse’s debt.
Taking on Your Ex’s Debt
When two people apply for credit together, each is responsible for repaying the debt. This is true even if your divorce decree assigns the debt to your spouse. If an account goes into default due to non-payment, both spouses will be held liable since creditors are not bound by a divorce decree. On top of that, your credit score will drop, which will make getting credit in the future harder.
Protect Yourself From Your Spouse’s Debt
Consider closing joint accounts that were opened in both of your names, as well as removing your spouse as an authorized user on your own accounts. You can also ask the creditor to convert these accounts to individual accounts. Since creditors aren’t obligated to convert such accounts, you may need to apply for credit on an individual basis. The creditor will then extend or deny you credit based on your new application. Refinance the debt to ensure it is solely your spouse’s legal responsibility. If you had a prenuptial or postnuptial agreement that would help.
Equitable distribution works from an assumption that the marriage is an economic unit and that what the spouse acquired during the marriage is subject to distribution — regardless of need.
Contact us (859-341-2500) for a Free Consultation!
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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
If the accident wasn’t your fault, having an official police report will help you hold the other driver accountable for damages and repair costs. Don’t try to work out reparations with the other driver on your own, even if the other driver doesn’t want to involve the police or insurance companies. When a car accident leads to serious injuries for drivers and passengers, and the damage to the vehicles involved, the memory of that incident can linger for years if not decades. When another party caused the accident you were involved in, there may come a time when you need to focus on proving liability.
Proving Liability After a Car Accident
You may have to be involved in a personal injury lawsuit and prove the following…
The driver had a duty to exercise reasonable caution on the road.
The driver was negligent and did not fulfill that duty to exercise reasonable care when driving.
The driver’s negligence was the cause of the wreck.
Many may think this is a simple concept, but in some cases, the facts may not be as clear as we would like. Those immediate facts gathered after the accident are crucial.
Gathering the Facts
A police officer’s detailed impressions and the information from those involved and by a few witnesses can be one of the most important pieces of information that lead to the car accident. Also if there are any photographs of the accident scene that would be significant. Medical records can also be vastly important. Proving liability in the personal injury lawsuit based on the car accident information is the same as all legal cases… evidence.
What Does No-Fault Mean?
In Kentucky a no-fault state, each driver turns to their auto insurance for coverage for medical expenses no matter who caused the crash The guiding principle of no-fault law is that all drivers are required by law to insure themselves against potential injuries and damages caused by an auto accident. As a result, if you have been injured in an auto accident in a no-fault state, your first and legally preferred source of recovery is your own insurance company.
When Can You File Suit?
Only if certain statutorily specified conditions are met, may you file suit against another party in an attempt to recover damages. No-fault states have instituted an economic threshold for bringing suit. They cap the amount of money your insurance company is obligated to pay, and if your economic damages exceed (or most likely will exceed) the cap, you may file suit to recover from another party. Economic thresholds are far easier to analyze and estimate than physical injury thresholds. While no-fault laws are restrictive, they do serve a purpose. If you sustain minor injuries or simply total your vehicle with no injury at all, you are covered by your own insurance. An insurance claim is usually far less adversarial than a lawsuit. You can only step outside the no-fault system — and file a liability claim or lawsuit against the at-fault driver — if your accident resulted in “serious injuries.”
Contact us (859-341-2500) for a Free Consultation!
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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
Workers’ Comp and Disability Benefits are both forms of insurance injured workers can count on. Suffering an injury can suddenly change your life. The uncertainty and stress you can face wondering how you will support your family and pay bills can be overwhelming. Thankfully Workers’ Compensation and Social Security Disability are two forms of government insurance to help. The question is which system is best for you. We would like to help you understand the differences.
A State-Run System: Workers’ Compensation
Workers’ compensation insurance provides medical and wage benefits to people who are injured or become ill at work. The coverage is mandated by each state and the wage and medical benefits vary by state. Workers’ compensation is considered social insurance because it relies on a social contract between management and labor, wherein in exchange for purchasing workers’ compensation insurance, business owners are protected from civil suits from their workers who become injured on the job. Yet each party’s benefits have limitations. Workers’ compensation insurance is purchased by businesses, and is underwritten by insurance companies and, in some states, is underwritten by publicly supported state funds. In the State of Kentucky, the law requires employers to have workers’ compensation. It covers both total and partial disability, although it is often meant to provide temporary support to workers while they recover. It covers an employee’s lost wages, medical bills relating to the work injury, and any
rehabilitation needed.
A Federal Run System: Social Security Disability Insurance
Social Security Disability Insurance (SSDI) is a federal social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. For those who can no longer work due to a disability, your disability program is there to replace some of your lost income. The disability does not have to be work-related. However, it must meet the Social Security Administration’s list of qualifying impairments. SSDI is a long-term program. One of the qualifying factors to receive SSDI is the injury must prevent you from working for at least one year. It will provide supplemental wages while you cannot work.
The Difference Between The Two Forms of Insurance…
The difference between the worker compensation is if you are hurt at work you are entitled to coverage but with SSDI you must qualify for benefits. Both systems are quite complex and require an experienced attorney to speak for you. If you have been injured at work or elsewhere it’s important to know your rights and speak to a knowledgeable attorney about your case. You need to know how to move forward and protect your rights. You may even be able to receive both Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both disability benefits and workers’ compensation. In addition to advising you (regarding when you should apply for each type of benefit), an attorney can also help structure your claims (and, if necessary, your appeals) for both programs in a way that is most likely to be accepted.
We Can Help You Through It All!
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. For those who do not have a strong work history or did not work in a job that paid Social Security taxes, there are Social Security Income benefits. Parties who apply for either of these benefits are often denied the first few rounds and do not receive approval until there is a hearing before an Administrative Law Judge (ALJ). The process of obtaining benefits can take several months up to two years – or even longer. The key for a claimant is that medical records document their condition and that they maintain a strong treatment history. While the ALJ will consider the testimony of the claimant, they will not approve benefits without the medical evidence supporting those claims. It is imperative that a claimant maintains consistent treatment with all physical and mental health providers. We will not charge any up-front fees to a Social Security/Disability client. Only if Social Security Disability benefits are granted will a standard percentage of the benefits be paid to the 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.
If you are suffering from Bipolar Disorder and are no longer able to work, you should contact an attorney specializing in Social Security Disability to improve your chances of receiving SSDI or SSI benefits. Historically known as Manic Depressive Disorder, Bipolar Disorder is a mental illness characterized by cyclic mania or periods of extreme euphoria followed by bouts of severe depression. This mental disorder is not a mood disorder alone, but a category of severe mood disorders. It is a condition that is prevalent in both men and women.
Assessment of Bipolar Disorder
If an individual Bipolar Disorder is constant and impairs all ability to function in a work environment, that person may be entitled to Social Security Disability Benefits. Any individual with Bipolar Disorder can be eligible for disability benefits if he/she meets the evaluation criteria listed in the Social Security Administration Bluebook, and if he/she has received a medical-vocational disability endorsement based on the person’s residual function ability, education, and age. Applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate would be in their best interest.
How To Prove Bipolar Disability?
You will need a statement from your treating doctor or a psychologist regarding the severity of your Bipolar Disorder. For example, your doctor might give an opinion that you would miss several days of work each month due to your condition. Make sure the doctor explains this opinion. You should strive to keep a consistent treatment regimen before and during the Social Security Disability application process. If your SSDI/SSI application is denied, you should be prepared to file a disability appeal. In many cases, a Social Security Disability lawyer or advocate can provide invaluable help by guiding you through the application and appeals process. A person with bipolar disorder can qualify for SSDI benefits because it is included in the SSA’s listing of impairments.
Contact us (859-341-2500) for a Free Consultation!
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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
Did you know that the majority of Social Security disability claims are denied the first time? That is why it is important that those who have had their claim for Social Security disability benefits denied to fully understand their right to appeal and how to do so. Social Security disability benefits are offered to those who are disabled and have a medical condition that is severe enough that it leaves them unable to work AND that is anticipated to last longer than 12 months or lead to their death. There are also specific work history eligibility requirements that must be met. If your application for benefits has been denied, the appeals process has a few levels of appeals. They are as follows…
#1: A Request for Reconsideration
Filing a request for reconsideration requires fresh eyes on your application for Social Security disability benefits. A new reviewer will look over your entire application for benefits from the beginning including all your medical records and other required documents.
#2: An Administrative Law Hearing
If your application is still denied after your request for reconsideration, your next step is in the appeals process. This will involve a hearing before an administrative law judge. As an disabled applicant, you need to make sure you are adequately prepared for this hearing.
#3: Social Security Administration (SSA) Appeals Council Review
If your claim for Social Security disability benefits was denied by the administrative law judge, you can request that your application is reviewed by the Social Security Administration (SSA) Appeals Council.
#4: Time to File a Court Appeal
Your final level of appeal is to file an appeal in a federal court.
As a disabled applicant filing for Social Security disability benefits, you should not be discouraged by your initial claim for benefits being denied– majority of them are. But you should understand the process of Social Security disability appeals and what options are readily available to you so that you can get the benefits you need to live your life.
Contact us (859-341-2500) for a Free Consultation!
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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
You entrusted the health, safety, and well-being of your loved one to a nursing home; then you got a phone call saying that they fell and broke a hip. The nursing home rushed your loved one to the hospital by ambulance. They needed surgery to repair the fracture. Your loved one had to undergo a long and painful recuperation. One of the primary methods for preventing falls is to determine who is a risk for falling. Elderly nursing home residents can suffer considerable injuries if they fall. For this reason, fall prevention must always remain a priority at these facilities.
Ways to Prevent Nursing Home Falls
There are so many precautions that can be taken to prevent fall injuries from happening in the first place. Some of the best ways to prevent nursing home falls include…
Every resident should have a completed risk assessment which includes past accidents and falls, medications are taken, and general physical health.
Nursing home staff should always be attentive to residents, and the proper equipment should always be available to those who need help walking. These residents should always receive the proper foot care, shoes, and the appropriate walking aids.
Staff members should be properly trained on fall prevention strategies as well as the risks involved when a resident falls.
Nursing homes should never have environmental hazards, and if any occur, they should be removed immediately. Environmental hazards consist of poor lighting, slippery floors, debris in walkways, improper exit signs, broken equipment, and more.
Nursing homes should be careful to avoid incorrect bed heights and faulty bed rails. Faulty bed rails and incorrect bed height account for close to 30 percent of nursing home falls nationwide.
Exercise programs, including physical therapy, stretching, and balance should be available to all residents. Although statistics show that exercises may not help with falls, they will help to improve strength and balance which can help lessen injuries should a fall occur.
When a Resident Has a Fall
Although it is impossible to prevent 100 percent of falls in nursing homes, many falls happen because of mistakes on the part of the nursing home policies or policies for the staff. Approximately 1,800 nursing home residents each year can be attributed to fall-related injuries. Adults 65 and older are four times more likely to die of fall-related injuries if they live in nursing homes compared to those that live at home or with loved ones. After a fall the patient should receive an evaluation to determine if they are any injuries. They may need follow-up care. One fall might not signal a serious issue, multiple falls may come from negligence or even abuse.
Should Legal Action Be Taken?
Nursing home fall lawyers will hold the caregiver responsible following patient falls in nursing homes throughout Kentucky resulting from neglect or inattention. A successful lawsuit can help pay for medical care and future treatment, and also helps prevent the same type of harm from happening to another resident in the future. If you suspect that your family member or loved one’s broken bones were the result of inattention or neglect, a lawyer can help. Taking steps to determine what is going on and to protect the residents from future harm is imperative.
We Help Clients With Personal Injuries
After suffering from an injury as the result of someone else’s wrongdoing, your priority as our client is to focus on healing. Whether you were in a car wreck or slip-and-fall accident, you may be entitled to collect for damages you sustained. We will handle your case from start to finish and walk you through each step in the process. > Learn More
Contact us (859-341-2500) for a Free Consultation!
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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
Sometimes, a parent will go to court seeking sole custody of their child. This may be because joint custody is not in the best interest of the child. In the State of Kentucky, a bill was created that allows for parents to retain joint custody by default and this is usually the best measure for both parents to maintain relationships with their children. However, when a parent does not want to continue with shared custody they will have to go back to court to apply for sole custody.
Physical Custody vs Legal Custody
Parents can obtain two types of custody, sole custody, and legal custody…
Legal custody is a parent’s right to make decisions regarding matters of importance in the child’s life, such as the child’s medical care, education, religious upbringing, and moral development. If a parent has sole legal custody, they do not need to consult with the other over the previously mentioned matters.
Physical custody pertains to where the child lives and the actual physical care of the child. Decisions regarding the day to day care of the child are typically made by each parent when the child is in their care. However, if one parent has sole physical custody, that parent makes those decisions alone.
Factors That Warrant Sole Custody…
Evidence must be provided if a parent believes joint custody would not be in the best interest of their child. To obtain sole custody one of the following criteria must be proven…
Abuse
If a parent has a history of violence or sexual abuse and has been abusive to the child (or any child) or the other parent..
Neglect
If a parent has a history of neglecting the child, it is likely this neglect would continue in the future. Neglect is the failure to provide a child with necessary dental care, medical care, proper supervision, adequate food, appropriate clothing, shelter, and any other safeguards that protect the child’s physical and emotional well-being.
Substance Abuse
A parent who engages in substance or alcohol abuse presents a danger to the child.
Mental Illness
A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable behavior that may endanger the child.
Abandonment
Sometimes parents are unable or unwilling to take care of their child. If a parent has shown little or no interest in the child and has failed to maintain contact with the child, you may want to get sole custody in order to protect your child’s best interests.
Incarceration
If a parent is in prison. If you feel it would be in your child’s best interest, you may want to seek sole custody that will secure your custodial status now and offer the incarcerated parent reasonable (if appropriate) visitation in the future.
Relocation
When a parent plans on moving out of the state or country, some parents feel it would be better if one parent was granted sole custody.
We Help Clients With Divorces and Custody
Divorce is a life-changing event which leaves spouses with many questions and concerns. When going through a divorce you need an experienced and trusted attorney by your side to guide you through the process and protect your legal rights. > Learn More
If the parent seeking sole custody is doing so as the result of the other parent’s negligence, they should be aware that the court may still grant that parent supervised visitation. Something like this would ensure the child is safe while still allowing them to continue a relationship with the other parent. Whether you are seeking sole custody of your child or you are fighting to retain joint custody, contact an attorney who will help you pursue the best option for your family.
Contact us (859-341-2500) for a Free Consultation!
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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
If you find it hard to hold down a job because of a severe mental or emotional condition—such as depression, bipolar disorder, anxiety, PTSD, or autism—you might be asking yourself: What are my chances of getting Social Security disability benefits? You may file a claim. The SSA should recognize the claim that prevents you from working and is expected to last at least a year. It can be confusing to understand the SSA requirement for mental illness. It is unfair sometimes that you have to jump through so many hoops. Do not give up if your benefits are denied the first time the appeals process can be done and you may go on to recover benefits.
Understanding Social Security Disability
Imagine you find yourself unable to work due to a serious illness or injury. Social Security Disability Insurance (SSDI) is a program designed to help you financially in such situations. Here’s how it works:
Eligibility: To qualify, you must have worked in jobs covered by Social Security. You’ll need enough work credits, which you earn by working and paying Social Security taxes.
Application Process: You’d start by applying through the Social Security Administration (SSA). This involves providing detailed information about your medical condition, treatment, and how it affects your ability to work.
Medical Criteria: The SSA evaluates whether your condition meets their criteria for disability. They look at medical records, doctors’ assessments, and whether your condition prevents you from doing any substantial work.
Waiting Period: Even after approval, there’s typically a five-month waiting period before benefits begin. During this time, you might need other forms of support.
Benefit Amount: If approved, you’ll receive monthly benefits based on your average lifetime earnings. These payments help cover living expenses since you can’t work.
Re-evaluations: Occasionally, the SSA will review your case to confirm you still meet the disability requirements.
Understanding this process can help you navigate the system if you ever need to apply for these benefits. It’s there to provide financial support when you’re unable to work due to a disability.
Mental Illnesses That Are Considered a Disability in Kentucky
Neurocognitive disorders
Schizophrenia and other psychotic disorders
Depressive, bipolar, and related disorders
Intellectual disorders
Anxiety and obsessive-compulsive disorders
Somatic symptom and related disorders
Personality and impulse-control disorder
Autism spectrum disorder
Neurodevelopmental disorders
Eating Disorders
Trauma and stress-related disorders
Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both. The SSA also uses umbrella terms under which may different illnesses fall.
If You Are Clinically Diagnosed, How Do You Prove You Cannot Work to SSD?
Family members, friends, social workers, and other key figures whom you interact with regularly are the key to a solid testimony for your mental impairment and its effect on your ability to perform routine functions, interact socially, and most importantly, obtain sufficient employment. Get a note from your physician. prove the prescriptions that have prescribed for you. Document any therapy you have participated in. Show why you can no longer do the work you were hired for and prove you cannot be trained for different work. Plus your illness needs to be a long-term one.
We Help Clients With Social Security Disability Claims
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
If you have a mental health disorder that prevents you from working, you may be entitled to receive Social Security benefits. Whether you are preparing your disability claim for the first time or appealing your case contact a compassionate attorney to explain your legal options for seeking disability benefits for mental illness.
Contact us (859-341-2500) for a Free Consultation!
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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
Estate planning is crucial for unmarried couples to ensure that their assets are distributed according to their wishes. Without a will or trust, state intestacy laws may dictate who inherits the decedent’s property, leaving unmarried partners with nothing. Therefore, creating wills and trusts is essential for each member of an unmarried couple to provide for each other upon death.
Common Law Marriage is Not Allowed in Kentucky
Many unmarried couples choose to live in a Domestic Partnership. However, there are no provisions under the statutes of the Commonwealth of Kentucky that will automatically provide for your partner… unless you have proper Estate Planning. Registered domestic partners are not treated as spouses for federal tax purposes. While registering as domestic partners may protect rights and provide enhanced protections, it’s crucial to consult with an attorney experienced in family law and estate planning to ensure a clear understanding of the legal implications and the necessary steps to protect the partners’ interests.
So If you are in a domestic partnership you need to prepare an estate plan. There are no provisions under the statutes of the Commonwealth of Ky that will provide for your partner in case of death. This could result in the surviving partner being forced to move out of the residence that was formally shared. There are several methods of Estate Planning when it comes to what can help Domestic Partnerships. While even married or state-registered couples need an estate plan, unmarried or unregistered couples can provide important protections for a surviving partner and/or any minor children by drafting an estate plan, as well as naming the people responsible for making important decisions about their health and property. With the help of a knowledgeable Attorney, this can be rectified if you set up the following legal documents…
Tenancy is common in Kentucky’s default co-ownership form. Two or more co-owners are tenants unless the deed that gave them the property declares a different co-ownership form. Tenants in common can have unequal co-ownership interests, and they can transfer their interests separately.
Joint tenancy with right of survivorship. This is a legal term for a way to own assets jointly, where two or more parties have equal rights and ownership of an account or real estate. If one owner dies, the surviving owners automatically get full ownership of the asset. This would eliminate probate and is easy for your attorney to create for you.
Last Will and Testament. When you have 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. As under federal law, Kentucky does not recognize domestic partners. Consequently, such partners are treated as single taxpayers so you must include them by name in your last Will and Testament.
Legal documents you should include in your estate plan: A Power of Attorney gives your partner the legal authority to manage your affairs regarding real estate, business, finance, legal matters, and more. A healthcare directive gives your partner the ability to enforce your personal healthcare wishes should you ever become incapable of doing so yourself. Without these documents insurance companies, banks and hospitals will not recognize your partner’s authority to act on your behalf.
Create a living trust. Like a Last Will and Testament, a Revocable Living Trust gives you complete control over your assets and ensures your partner is taken care of when you die. The biggest advantage is avoiding the delays and red tape of probate. There are no court or attorney fees after the trust is established.
Estate Planning Documents for Unmarried Couples
Unmarried couples should consider having important estate planning documents in place, including a living will with a health care proxy, a financial durable power of attorney, and a Last Will and Testament. These documents help establish and protect their preferences for important decisions and ensure that trusted individuals can make decisions on their behalf if they become incapacitated or upon death.
Tax Considerations and Asset Ownership
Unmarried couples should pay attention to how they own property or other assets together. Owning assets as joint tenants with rights of survivorship allows the surviving partner to take full ownership of the entire property by law. Updating beneficiary designations for retirement accounts is also important to ensure that the partner will inherit the accounts according to their wishes.
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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.
