Author: Grubbs & Landry

5 Ways an Experienced Criminal Defense Lawyer Can Lessen Penalties Or Get Your Case Dismissed…

Criminal charges are scary and intimidating. They carry jail time, hefty fines, and they threaten your job and reputation. But not every charge results in the worst-case scenario. An arrest on criminal charges is not a guilty verdict. You have the right to fight the charges. A criminal lawyer may discover one or more grounds for petitioning the court for a dismissal. There are a number of possible defenses that could prove your innocence. The following are grounds that you may have for asking the court to dismiss your criminal charges…

Lack of Probable Cause to Arrest

Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. Probable cause is enough for a search or arrest warrant. Generally, a police officer has probable cause to arrest you if they have a reasonable belief that you were involved in a crime. Officers may establish probable cause in a variety of ways including observations, statements made by victims or witnesses, expertise or personal knowledge, and circumstantial evidence indicating that a crime was likely committed. For example, if a law enforcer believes that you are drunk and stops you. If they do not have probable cause for a stop or an arrest, the court could dismiss the criminal case. The facts and circumstances must indicate to a reasonable officer in a similar situation that the person was involved in criminal activity.

Improper Chain of Custody

The chain of custody is the most critical process of evidence documentation. It is a must to assure the court of law that the evidence is authentic — that it is the same evidence seized at the crime scene. It was, at all times, in the custody of a person designated to handle it and for which it was never unaccounted. Law enforcement must maintain a strict chain of custody evidence. For example, there is a process for maintaining blood samples after a violent crime and there is a process for maintaining evidence in a rape case. When the chain of evidence is broken, the court can throw out the evidence. Your case could also be dismissed.

An Unreasonable Search and Seizure

The Fourth Amendment to the United States Constitution guarantees the right of all people to be free from unreasonable searches and seizures. The purpose of these constitutional rights is to prevent the police from harassing people who have not done anything wrong. These rights mean that the police cannot search your person, your home, your vehicle, or your things unless one of the following is true: (1) The police have a search warrant, or (2) the police have a valid exception to the warrant requirement. If the police officer conducts an illegal search, any evidence obtained from the search may be inadmissible in court. Never give your consent to search your home, vehicle, or person.

Civil Rights Violation

Miranda’s warnings are only necessary when a suspect is in custody and about to be interrogated. The name of the Miranda doctrine comes from the U.S. Supreme Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966). Talking to the police can make it more difficult to have your criminal charges dismissed. Exercise your right to remain silent and to call legal counsel. If the police violate your right to counsel or right to remain silent, that is a violation of your civil rights.

The Burden of Proof

The prosecution in a criminal case bears the burden of proving to the jury beyond a reasonable doubt all of the elements necessary to establish the guilt of the defendant. If there does not appear to be sufficient evidence to prove a case, your attorney may file a motion to dismiss. The judge decides whether to dismiss the case.

What to Do If You Are Arrested

Always be respectful, never resist arrest, contact a lawyer as soon as possible, and remember that you have the right to remain silent. If other people were present during the alleged assault, their testimony could prove your innocence. Contact them immediately and ask them to provide a written statement of what they saw or heard. Phone records can show whom you were communicating with, at what time, and for how long. If police officers are arresting you, they are already convinced that you committed a crime. Nothing you say is going to change their minds. Instead, remain calm and quiet. An arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to an arraignment, in some jurisdictions, the accused is expected to enter a plea, it is best to plead not guilty and ask for bail. Do not offer any explanation for the criminal charges until you talk to your lawyer. Always be honest with your lawyer. They cannot defend you to the best of their ability if they do not have all the facts.

Be Patient

Your arrest is the beginning of a legal process that takes time to resolve. Your attorney knows that you are under a lot of stress, but they will do all they can to make the process easier for you and to ensure that it does not drag on. Building a defense strategy to prove your innocence can take time, and you should trust your legal team in this process. A detail that you might not find important could be the detail that gives your attorney the grounds to find a motion to dismiss your case. If you are released on bail, do not contact any parties involved in the case. Do not talk to your family or friends about the case. They could then be called as a witness to a trial if there is one. Allow your lawyer to do his job by inventing your arrest circumstances to identify ways to get your criminal case dismissed.

A case might not go away after a judge or prosecutor dismisses the charges. If charges are dismissed without prejudice, prosecutors can refile the charges if the police uncover new evidence. As a result, you should keep in contact with your criminal defense lawyer, so you have representation if the case resurfaces.

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 Adultery Can Affect Your Divorce and Possible Alimony…

Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state, In Kentucky we have a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery. The larger question to ask is… did the adulterer use marital assets to support the extra-marital relationship?

When Marital Assets Are Used To Support The Extra-Marital Relationship

These days, adultery rarely has much of an impact on the distribution of assets — except in cases where one spouse has used marital assets to support the extra-marital relationship. For example, if a husband borrows against a marital asset in order to support his mistress, that fact would likely be taken into account in distributing the assets of the marriage. Adultery will not typically affect if a spouse will receive alimony or spousal support, but it may affect how much.

Marital Misconduct and Alimony

While we are a no fault divorce state in Kentucky, meaning you don’t have to have a reason to get divorced, a spouses marital misconduct is considered when it comes to alimony. Misconduct will not affect child custody, or division of assets, it may affect the amount of alimony awarded. If you are the one that was adulterous and also the one that is supposed to receive alimony the judge may award less based on marital misconduct. However if you are the person receiving marital maintenance and your spouse cheated, you may be awarded more. Usually this is case by case situation and not the common outcome.

Always Consult an Experience Divorce Lawyer

For your own benefit, you should consult a qualified lawyer to address your concerns more appropriately. Divorce Lawyers realize divorce is stressful and emotional and they want to help you move through it as swiftly and painlessly as possible. Your best bet is to seek your revenge through being happy without your ex and let his or her conduct find its own punishment without 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.
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The 5 Categories Of Capital Offenses And Felonies In Kentucky…

There are five groups of felonies and capital offenses in Kentucky. There are Class A, B, C, or D felonies as well as capital offenses. The worst offenses of crimes are saved for these classifications. They can lead directly to a long jail sentence if you don’t know how to maneuver through the system. Below are some of the captial offenses and felony classes. They regulate the gravity of a crime and what the sentencing could be.

Capital Offenses

Capital offenses include murder and kidnapping that results in the victim’s death. Capital offenses are those that could result in the death penalty sentence. Another possible punishment for a capital offense would be 25 years to life in jail, as well as life without parole or a jail sentence of 20-50 years. The crime circumstances are weighed against the offender’s mental status as well as how the survivors of the victim are affected.

Class A Felonies

Class A felonies are serious crimes that are not considered capital offenses. These sentences range from 20-50 years in jail as well as life in prison. For example, the rape of a child is considered first-degree rape. Armed robbery would also be a Class A felony as would grand larceny and spiteful wounding. Murder is usually known as a capital offense, but occasionally it is considered a Class A felony due to situations that may be better served by a life sentence, not the death penalty.

Class B Felonies

Class B felonies are punishable by 10-20 years of jail time. Examples of Class B felonies are rape, sodomy, and manslaughter in the first degree. This category contains sexual offenses as well as negligent murder.

Class C Felonies

Class C felonies have the punishment of 5-19 years of jail time. These mostly involve property. Larceny that involves property whose value is more than $10,000 but less than $1 million is a Class C felony. Manslaughter in the second degree, assault in the second-degree, trafficking in controlled substances, and unauthorized use of a credit card in an abundance of $10,000 are also considered Class C felonies. Other examples are cybercrimes, including accessing a computer or network without authorization.

Class D Felonies

Class D felonies are punishable by 1-5 years of jail time. This includes credit card use that is not authorized in the amount of $500-$1000. Also included in this Class of felony are drug possession, endangerment in the first degree, and stalking. If you have 5 or more marijuana plants this is also a Class D felony. Also, several misdemeanors can add up to a Class D felony. If one already has 4 DUIs the next one would be bumped to a felony.

Grubbs & Landry Can Defend You Against Criminal Law Charges

Criminal charges, whether a misdemeanor traffic violation or a felony possession charge, can be a scary process for you or a family member. We operate under the presumption that you are innocent until proven guilty and we will advocate for your legal rights.
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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.

5 Common Mistakes Fathers Make During and After A Divorce…

When your marriage comes to an end, it’s easy to get caught up in your emotions. Overwhelmed by all that you are experiencing can cause you to unknowingly make mistakes. This might come with longer lasting consequences, so it is vital that you do your best to remain level headed and not succumb to your emotions. The following are some of the most common mistakes dads make as they go through divorce….

Running Up Litigation Costs

In an effort to outspend and break their ex-wives, dads will drive up litigation expenses. This can cause fathers to deplete their own funds and gain enemies. This can also create the impression that they are being unnecessarily difficult which can cause the judge to side in favor with their ex.

Over-Extending Themselves

With divorce comes change. With expenses like child support, alimony, and the cost of dual households, they feel overwhelmed and are forced to work more just to support these lifestyle changes. To avoid over-extending yourself, consult with your divorce attorney in the beginning of the process. They can help you understand what your financial obligations are and assist you in creating an effective budget to accommodate the pending changes.

Failing to Prioritize Their Children

In an effort to maintain the peace, fathers sometimes sacrifice time with their children and avoid going to family court. While it is important that you make the transition as smooth as possible for your children, it is more important that they are still getting time with their dad.

Using Their Children as Pawns

Often times fathers will use gaining equal custody of the children as leverage to reduce the amount of child support they’ll have to pay. Custody should be divided fairly and centered around the best interest of the children, not either parent. It is important to spend quality time with your children when you do have them. If you’re only fighting for custody because you do not want to have higher child support payments, you need to step back and reevaluate.

Refusing to Pay Child Support

Usually if a father ceases child support payments, there is a good reason for it whether it be that they lost their job or had a decrease in pay. Regardless, you should not stop paying your child support. In these situations, it is best to ask for a modification. It is likely that a judge will agree to the modification if it is deemed that your current payments are causing significant financial stress on you and not maintaining the best interest of the children. You do not want to face penalties and interest fees on top of missed payments.

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

Your Options If You Have Been Accused Of Credit Card Fraud In Kentucky…

If you have been accused of credit card fraud, you may face fines and time in the county jail. Often, you would be ordered to pay restitution to cover the losses suffered by your victims. In some cases, you would be charged with multiple crimes, including both misdemeanors and felonies. Stealing a debit or credit card number and fraudulently using it is a crime, and in Kentucky, it is a felony. If you are accused of this type of crime you need an experienced fraud lawyer.

The Legal Definition Credit And Debit Cards

You can be accused of fraud for the theft of either of the cards.

  • A Debit Card is plastic currency or plastic money. The owner can use it to buy things instead of using cash. Typically, the banks issue a Debit Card and services are based on the funds that are deposited into the owner’s checking or savings account. All transactions made through the Debit Card are reflected in the owner’s bank account statement.
  • A Credit Card means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services issued by a bank or financial institution that allows the owner to receive goods.

3 Types of Credit and Debit Card Fraud Under Kentucky Law

  • Cardholder Fraud – Fraud by false statements. If you lie on your credit card application and receive a line of credit that you would have otherwise been denied, you have technically committed fraud. This includes lying about your name, social security number, address, or income. This is an especially serious crime if you try to get a credit card in someone else’s name by filling out an entire application with their personal information.
  • Merchant Crimes Fraud – Merchant crimes occur when a merchant or service provider falsely claims that they provided goods, or services and charges the card when no goods or services were actually provided. Even when the goods or services in question are sold legally, falsely representing the nature of a credit card payment violates the processing merchant’s agreement with its acquiring bank. Using such a scheme to sell products illegally may also violate a number of state, federal, and AML laws depending on the nature of the transaction.
  • Third-party Fraud – Triangulation fraud is when a customer makes a genuine purchase on a third-party marketplace, but the product they receive was fraudulently purchased from a different retailer’s website. This is a convenient scheme for cybercriminals, who take advantage of smaller merchants to make some quick cash. Third-party crimes also include stealing cards, buying or selling cards, and phishing ( using the card yourself or selling the information on the card). And even making false credit cards.

Federal Laws

Federal Laws can also be applied to the prosecution of credit and debit card theft and fraud: The vast majority of credit card fraud cases are prosecuted under state laws and courts, but they can also be charged as a federal crime under 18 U.S.C. § 1029. Credit card fraud occurs in many ways and several federal statutes can be used by a prosecutor to indict someone who has violated federal laws.

Federal penalties for using a “device” to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and forfeiture of personal assets. U.S. Code. 18 U.S.C. Kentucky state law declares that a person found guilty can be fined and imprisoned for up to 50 years.

If you’ve been charged with credit card fraud you need legal counsel. Credit card fraud is a white-collar offense and you need an experienced defense attorney to help determine the nature of the charges and which defense will be the most effective.

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.

Divorce Tips For Couples Thinking About Divorcing After 50…

Divorce after 50 can be financially devastating. The cost of living is considerably more when you’re single rather than when two of you share expenses, Expenses can be 40% to 50% higher than for couples on a per person basis, according to the American Academy of Actuaries. However, divorce among individuals of this age has doubled within the past 20+ years. Divorcing after 50 is sometimes referred to as a gray divorce. It has its own unique challenges since most married couples over the age of 50 have likely spent decades with each other. Here are a few of the issues individuals over 50 must consider if they are thinking of obtaining a divorce….

If Your Health Insurance Is Through Your Spouse

If your spouse’s policy has covered you, you may be in for a nasty—and expensive—surprise, especially if you divorce before Medicare kicks in at age 65. Basically, there are three options…

  1. Your employer can cover you
  2. You can sign up for your state’s health care exchange under the Affordable Care Act
  3. Continue to use your ex’s existing coverage through COBRA for up to 36 months, but the cost is likely to be substantially more than it was before the divorce.

If new, separate health insurance policies threaten to break the bank, you may want to consider a legal separation so you can keep your ex’s health insurance but separate your other assets.

Finances / Lifestyle Changes

Financial aspect of divorce can present some major hardships, especially since you are no longer in your prime income-earning years. You will have a division of 401K and IRA plans, if either or both of you have those assets. You’ll have to pay the standard 10% early withdrawal penalty to divide these funds. A qualified domestic relations order is a legal document you can sign that is typically found in a divorce agreement, it recognizes that a former spouse is entitled to receive a predefined portion of the other spouse’s individual retirement plan assets. You can use this plan to save 10%. Depending on the specific circumstances of your situation, a divorce might require to delay retirement or a drastic lifestyle change.

Emotional Considerations

First time in a long time for being only responsible for yourself to make decisions based on what you want. From little decisions like what to hang on the wall of your house to bigger ones like where to travel and what kinds of projects to do on the house, is all up to you. That feels good but can also be overwhelming. At first, it can be really nerve-wracking and the dating world has changed. Dating can be energizing until it gets exhausting. It can be scary since you might not be used to being on your own. Remember that it is OK to ask for help. Talk to a close friend or consider therapy to vent your emotions.

Adult Children

No matter how much you’d like to help your kids, your priority is to ensure you have a healthy retirement income. When the income that once covered one set of household expenses is suddenly divided into two, you may have to make some changes to your spending to afford your daily and monthly expenses. Unlike younger couples struggling with child custody or child support, these problems no longer are on the table, but that does not mean you will not have to provide comfort and emotional or financial support to older sons and daughters.

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

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.

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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.