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. > Learn More
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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.
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!
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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 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!
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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.
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…
Your employer can cover you
You can sign up for your state’s health care exchange under the Affordable Care Act
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!
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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
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.
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.
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:
Neuro-cognitive Disorders – This category includes disorders like dementia, Alzheimer’s, Parkinson’s, Huntington’s disease, traumatic brain injury, brain tumors, and more.
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.
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.
Intellectual Disorders – Severe learning problems, inability to adapt, poor understanding, poor social skills, and poor practical skills often characterize these disorders.
Anxiety and Obsessive-Compulsive Disoders – These disorders are characterized by anxiety, worry, fear, obsessions, fatigue, and panic attacks
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.
Personality and Impulse-Control Disorders – This category includes disorders like paranoid disorder, schizoid disorder, schizotypal disorder, borderline disorder, and others.
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.
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.
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.
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!
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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.
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 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.
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.
