Getting a driver’s license is a major milestone for teenagers. It is also a big responsibility. While driving can be a sign of maturity, reckless behavior behind the wheel can have drastic consequences. When your teenager begins driving, it is important to discuss the potential dangers of any vehicle. Review teenage driver safety tips to be sure your child understands the rules of the road. Motor vehicle owners in Kentucky who are also parents need to pay attention to whether or not it is appropriate to let their children drive. When a parent signs the application for a minor to obtain a driver’s license they accept liability for any damage caused by the teen. If an underage driver does not have a driver’s license but decides to drive a car and has a crash while driving, all liability caused can be claimed against the parents for negligent supervision.
Negligent Supervision Cases
Parents become responsible if they themselves are negligent in the supervision of their children and, as a result, their children negligently injure someone. The cases are based on the idea that a parent has a duty to exercise reasonable care to make sure his or her minor child does not intentionally harm another of cause a risk of bodily harm. To prove negligent supervision in the contest of a car accident, a plaintiff must show…
The parent had a duty
That they breached the duty
That the breach causes the actual injury
To be held responsible a parent must know of his or her ability to control the minor and must know that it is necessary and possible to control the child. Foresee-ability is the issue on which a parent’s responsibility to control his or her child turns. If the teen has prior occurrences of the cause of the accident and the parent is aware of that behavior it could cause a parent to be responsible. However, parents are not required to be fortune-tellers about their teen’s behavior. In the case of car accidents, parents who know the teen has been drunk and driven on prior occasions may be liable to anyone the teen injures.
Alcohol and Teen Drivers – An Real Case Example…
A Ky Court of Appeals 2005 case consider whether parents had negligently supervised their child who crashed their car and injured a passenger. The 15-year-old driver convinced someone to buy him beer. He had no permit or license. He and a group of friends drank beer at a friend’s house and then the fifteen year old drove the friends to a cemetery for another gathering. As he was driving through the cemetery he crashed into a tree. One of the friends in the back seat suffered brain damage as a result. The parents of the injured boy sued the fifteen-year-old and his parents, and others. The claim against the parents was negligent supervision of their son. The parents of the fifteen old filed suit that there was no negligence in supervising their son and prevailed. There was an appeal by the parents of the injured boy. The appellate court said there was no evidence that the parents had actual knowledge of their son drinking and driving on the night of the accident or even before. The plaintiffs argued that the accident was foreseeable because the parents knew of prior occasions of drinking and prior occasions of driving the vehicle. The fifteen-year-old’s parents said he was punished and the plaintiffs argued the parent efforts were ineffectual. The boy’s mother did say she had taken the boy to the cemetery to do driver training previously. The appellate court ruled these isolated instances of drinking and on another occasion operating a motor vehicle with his parent in the car were not sufficient to make it foreseeable that he would take a car and crash it into a tree. The appellate court also found that there was insufficient evidence to show that the parents had the actual ability to control their son to keep him from driving and crashing the car into the tree that night.
Prevent Impaired Driving
Alcohol isn’t just illegal for teenagers to consume—it can be deadly if they drink and drive. In fact, drunk driving is one of the most frequent causes of death among teens. Alcohol impairs most of the skills that young drivers need the most, such as their reaction time, their vision, and their judgment. Parents of teenagers who own cars must be cautious about how they respond to their child’s misbehavior in connection with the car and drinking. This case found in favor of the defendant, but the court left open the question of whether the parents would have been liable if they had known of more occasions on which their son drove drunk.
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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
Car accidents can leave people seriously injured. Those injuries are often excruciating and costly to treat. For this reason, many people file an insurance claim, a personal injury lawsuit, or both after a car accident. However, not all car crashes warrant a personal injury claim or a lawsuit. In Kentucky, car drivers are required to carry basic Personal Injury Protection (PIP) insurance coverage. The PIP benefits are also commonly referred to as “no-fault” benefits. The benefits are to be paid to the person injured through the use of a motor vehicle regardless of whose fault the injury is. Basic PIP gives coverage to each person in each accident a minimum of $10,000 to cover out-of-pocket costs for medical expenses or lost wages. So, how do you know if you have a car accident case, and when you should file a claim? Below are some points to consider as you decide whether you should speak with a car accident attorney about your case.
What Are the Laws In The State Where the Accident Happened?
Kentucky statutes state that in exchange for receiving PIP benefits, all individuals who register, maintain, operate, or use a vehicle in Kentucky accept certain limits on their right to recover damages after an accident with injuries. This means that if you have PIP coverage, a lawsuit cannot be filed seeking additional compensation unless the injured person sustained medical expenses greater than $1,000, a broken bone, permanent injury, or death. If you are not sure if you are entitled to PIP benefits, please contact an attorney who can help guide you through the intricacies of the Kentucky PIP statute.
How Long Do You Have to File a Claim for PIP Benefits?
An injury victim has two years after suffering a loss that the person knew or should have known was caused by the accident to file a PIP claim. No claim can be initiated four years after the accident. However, it is generally best to file a claim as soon as possible so you do not miss these statutes of limitations.
Consider This Case…
Situation – A lady was injured when her car was rear-ended. She received basic PIP benefits from her own carrier. Later she started to experience serious medical problems with several head and neck injuries. It took two years to diagnosis the condition and her physician’s opinion was that the problems were the result of the car accident.
Details of the Suit – She then filed suit against the driver of the other vehicle. The other vehicle owner then made a motion to dismiss the suit saying it had been filed after the two-year statute of limitations.
Does The Discovery Rule Apply – Motor Vehicle Reparations Statute, extends the period for car accident injuries to two years after the date the last payment for personal injury protection benefits were paid. In cases where the discovery rule applies the rule means that the statute of limitations period only starts when the injury is or should have been discovered. The plaintiff in this case argued that the discovery should apply to permit them to bring their claim against the driver of the other car.
Court Decision – The trial court in this case declined to extend the application of the discovery rule to the case. Instead, the court ruled that they had either two years from the date of the loss (the car accident) or two years from the last PIP payment from the PIP insurer to bring a claim. In this case, they had waited for more than two years from the last PIP payment to sue the driver of the other car even though they knew her identity. The lady in its case tried to argue that she only discovered how badly she was injured after two-years. They argued that to extend the discovery rule would reward claimants who waited to file suit until they had established a connection between accident and injury. The court failed to apply the discovery rule, and thus the case was time-barred and dismissed, and the injured woman was not compensated for her injuries.
Bottom-line – If Injured, Hire an Attorney ASAP
Letting the statute of limitations for car accident lawsuits expire means that an injured person may never get compensation for injuries. If you’ve been injured in a car accident in Kentucky, the best way to protect your rights and ensure that you do not miss the statute of limitations’ deadline is to hire a Kentucky car accident attorney as soon as possible.
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
Some people ask themselves if they should really sue because someone injured them even when they know that the insurance company will pay for the losses. Insurance companies do want to pay claims easily but when their customers are liable for your injury and it is proven, they expect to pay losses. In the state of Kentucky, built-in protection against a weak claim is in effect and should alleviate any anxiety you may feel about bringing a lawsuit.
Kentucky is a No-fault Insurance State
Kentucky is a “no-fault” state when it comes to auto insurance. In most auto accidents, Kentucky requires injured people to seek compensation from their own insurance coverage instead of filing a lawsuit in court. In order to file a Kentucky lawsuit, you must have exceeded your personal injury protection (PIP) benefits from your motor vehicle policy which includes coverage to pay the first $10,000 of your medical bills and lost wages in the event you are in a car accident. These benefits are available to you even if an accident is your fault and have suffered a “serious injury.” This means that usually your right to sue someone for causing your injuries is already limited to those threshold instances set by the state. In order to sue in most motor vehicle cases, you must incur at least $1,000 in medical expenses or you must suffer a fractured bone, loss of a bodily function, disfigurement, loss of a body member, a permanent injury, or death.
What is an Insurance Risk Assessment?
Insurance companies use a methodology called risk assessment to calculate premium rates for policyholders. Using software that computes a predetermined algorithm, insurance underwriters gauge the risk that you may file a claim against your policy. The risk analysis is somewhat similar to the analysis undertaken by a bank when it offers a homeowner a mortgage. With auto insurance, an applicant is asked a variety of questions related to his or her vehicle, age, gender, the names of other drivers for the vehicle, and location in order to determine the premium to be charged.
Prior History and Lifestyle
An applicant’s prior history and lifestyle is critical no matter what kind of liability coverage he or she is applying for…
Frequent car accidents
Bad credit score
Drives lots of miles to work
Has had a DUI
Living in a high-crime area
Living in a densely populated city
Driving a high-performance vehicle
A higher premium will be charged for any of these conditions
The decision to sue after a car accident is not an act of hostility or opportunity. It is a legal means of getting compensation for the damage that the other person caused. You should never have to pay the price for someone else’s negligence. When you sue somebody that is insured for personal injuries, the insurance company has accounted for that possibility and charged him or her, as well as all of it other insured consumers, a premium that will allow it to pay for your losses. In order for you to understand your rights and responsibilities after an accident, it is important to consult with an attorney before you talk to the other driver’s insurance company or attorney.
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
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!
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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.
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!
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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
The division of property is based upon the state of residency. In the state of Kentucky, a court must divide all assets. While this distribution may not be equal, assets division will be handled with the upmost fairness. The following are a few ways a court will divide business assets in a divorce…
Buy-out Your Spouse
If the property is co-owned and there is negative energy that is hindering the spouses from remaining professional, one spouse might considering buying out the other’s half. This must be agreed upon by both parties.
Co-ownership
If the spouses are on good terms, they could continue to share the business after the divorce. If the business holds emotional value for both parties, they may commit to having a professional relationship even after their marriage has ended. If neither party wants to give up their share but they also do not get along, they might agree to one of them becoming a silent partner. Silent partners do not play a role in the day-to-day aspects of the business but they still contribute financially and benefit from the profits of the business.
Sell The Business
In the event that a buy-out or co-ownership are not feasible options, both parties can choose to sell the business in it’s entirety and divide the money evenly. This may seem simple but it can become complicated as it can come with its own share of problems. Sometimes one spouse will not agree to sell their half. It can also take some time to find a buyer based on the market for the particular type of business.
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
The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement.
Getting the Court Involved
As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem. If a party fails to follow the instructions on the paper, jail time could be a consequence. the court has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem. Sometimes your ex learns his or her lesson, and the problem never happens again. This is what you hope for because jail time is unproductive since then the ex will not be able to work to make any sort of payment.
The following are common instructions to recover child support payments…
Garnish Your Ex’s Wages – Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts.
Ask For The Sale Of Pre-Existing Assets – In certain circumstances, you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award.
Ask For A Lien On Property – What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property.
Withhold Federal Tax Refunds
Suspend a Business License
Suspend Driver’s License
Next Steps If The First Try Doesn’t Work
If your ex fights you in court or attempts to underestimate his or her earnings you can request an income and expense declaration. Sometimes, a former spouse will ignore the request for a current Income and expense declaration. If this occurs, the Family Code provides that if there is no response within 35 days, or if the Income and Expense Declaration is incomplete as to any wage information, or if pay stubs and income tax returns are not attached, then the requesting party may serve a Request for Income and Benefit Information directly on the employer of the other party. The non-responding party may also be sanctioned by the court for his or her failure to comply with the initial request. As much documentation as you can provide such as pay stubs, tax returns, bank statements, and any records which provide the income and capital of the other party is to your advantage.
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 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!
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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.
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!
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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.
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!
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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.
The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement. 
