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
Will contests happen when a person takes legal action and disputes the validity of a will. There are several reasons wills are contested so it is important you understand the process and what to expect should you ever find yourself dealing with such a dispute.
Why Are Wills Contested?
Perhaps the most common reason a will is contested is that the testator, the one who wrote the will, was not in their right mind when they wrote it. There are several reasons that a person might not be in their sound mind, especially later in life. This can be due to dementia, mental illness, or even being under the influence.
Another reason someone contests a will is because they feel the testator was influenced by someone else. Testators are sometimes pressured by others to write their wills in a way that solely benefits that person and leaves everyone else with the bare minimum, if anything at all.
The will may also be contested if it is forged or fraudulent. There have been cases where people forge wills or write up fake ones in an effort to obtain a person’s estate.
What Should You Do If You Believe A Will Is Not Valid?
If you do not believe a will is valid, you will need to file a petition in a probate court. Wills are usually filed at a probate court after a person passes and it is where you will go should you need to contest one.
When filing a petition, you need to specify the reasons you are contesting the will. The most common grounds that wills are contested are listed above. Be sure that you provide valid evidence to back your claims. When your petition is filed, the probate court sets a hearing date. At the hearing, both sides will present their evidence before a judge as they argue their side. It is then the judge’s decision to decide whether or not the will is valid.
Will contests can drain you both emotionally and financially, especially if you are having to battle it out with family. However, contesting a will is sometimes the only way you are able to make sure everything was divided fairly and as the testator would have wanted. If you decide to contest a will, be sure to have a solid case. Take the time to prepare yourself for what is to come– it isn’t as easy as you might think it should be.
Grubbs & Landry Can Help You With Your Last Will and Testament
No one wants to think about death, but if you have a Last Will and Testament, it will protect your interests and those of the ones you hold dear. Upon your death, if you do not have a Last Will and Testament, the Commonwealth of Kentucky gets to decide who receives all your assets. There are also certain ways to hold assets whereby such assets would not need to go through the court system but pass directly to your chosen beneficiary. Other documents we can prepare in line with this planning phase is a Power of Attorney and Living Will.
Contact us (859-341-2500) for a Free Consultation!
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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.
Most people are quick to think that only the wealthy have estates to leave to their loved ones when they pass, but that isn’t true. Everyone has an estate that is made of all of their assets. If you have a vast estate or just a few assets to leave behind, it is important that you take the time to learn the basics of estate planning. This is your first step in the process of giving your spouse, families, church, charities, or community a piece of your estate after your passing.
What Role Does A Probate Play In Estate Planning?
When people fail to properly do their estate planning, the courts are forced to carry out a process called probate. Probate is the legal process where the court will oversee how a deceased person’s estate is distributed.
The steps of a probate are as follows:
Identifying any debts and existing assets
Paying off those debts
Distributing the remainder of their assets
Will All Estates See Probate?
For most after-death distribution of assets that belong to estates, some level of probate will occur. While there are estates that do not see probate, the courts usually verify trusts, wills, and any other documents pertaining to estate planning. Courts can appoint a personal representative that will oversee the estate and distribute assets. Typically, estates will have their own appointed executor(s) named before the testator passes.
Probate Can Be Timely
Regardless of if the courts are in complete control of administering an estate or if they have very little involvement, probate can take a long time– some even take years. There are quite a few reasons that some probates take more time than others.
These include situations such as:
The testator did not choose a good executor
Beneficiaries are not agreeing or getting along
The estate includes several wills
The IRS requires the estate to file their federal estate tax returns
Beneficiaries do not live near each other
The estate includes unusual or rare assets that are difficult to distribute
There are many beneficiaries listed
The estate has assets in several states or other countries
It might seem that a probate can be unnecessarily long and drawn out, however, the courts only spend that amount of time to be absolutely sure that executors are distributing the assets as evenly and fairly as they possibly can. Want to avoid a long, drawn-out probate? Take the time to properly plan your estate. Your loved ones will thank you.
Contact us (859-341-2500) for a Free Consultation!
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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.
Kentucky has a lenient time requirement for probate. According to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person’s death. However, it is better to file soon after the person’s death and to complete the probate process as quickly as possible. A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. Since state death taxes are no longer treated as a credit for federal estate taxes, there is no Kentucky estate tax. Below is the process for settling an estate in Kentucky.
A Petition To Open Probate Must Be Filed With The Court
A hearing is held for the court to approve someone to act as executor. The executor has the job of notifying the heirs and creditors. They will need to publish a notification in a local newspaper. This is done with the county court clerk. If the decedent left a will, the original document must be filed with the petition.
Inventory Filing
The Kentucky probate process requires the executor file an inventory of the estate probate assets within 60 days after being appointed by the court. This often involves writing down every personal item that was listed in the decedent’s will or every item of significant value that was left behind in his or her residence. The idea is that 60 days should provide the executor time to complete an investigation of the assets to report in the inventory. Sometimes assets are not fully discovered during this 60-day period and the inventory is filed with the best available information. The inventory can be amended later with more complete information, if needed.
Settling The Estate
The executor must file an accounting of the estate’s receipts and disbursements. Then the money that is distributed, such as funeral and burial expenses, final medical bills, and debts must be recorded. After all the estate taxes and fees are paid, the remaining estate is distributed to the heirs. The executor then prepares and files a final settlement with the court.
Closing The Kentucky Probate Process
After all the administration tasks have been completed for an estate, the estate needs to be closed with the probate court, at which time the executor will be discharged and relieved from further responsibility in the estate matter. In Kentucky, estates can be closed by either an Informal Final Settlement process or a Formal Final Settlement process.
If you are an executor, probate can be a confusing process, so you are wise to start knowing every step of probate. If you’d like some guidance as you go through the process, a probate lawyer can help. A probate lawyer is a state-licensed attorney with experiencing helping executors settle an estate.
Contact us (859-341-2500) for a Free Consultation!
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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.
Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who have a medically determinable disability that restricts their ability to be employed. If you have been in an accident or became ill, and were unable to maintain your employment in Kentucky, one of the first steps you may have taken was to apply for SSD. Those benefits continue as long as you are incapable of doing your job.
When Can I Go Back To Work And Still Collect SSD?
When you inform the SSA that you want to attempt to go back to work, you will be assigned a trial period. You will be able to work as many as nine months while still retaining your eligibility for Social Security disability benefits. The amount of your benefits paid will be adjusted based on the amount you earn. Many people who receive Social Security disability benefits are afraid to attempt returning to work for fear of the effect it can have on their SSDI, SSI, Medicare, and other benefits. Anyone who has been through the approval process for Social Security disability knows how long it can take. It’s understandable that Social Security disability recipients are hesitant to go through that process again. If you feel well enough to go back to work you should inform the Social Security Administration immediately. Based on the information you provide, your case may be screened again to determine whether or not your disability will continue.
If I Go Back To Work And My Health Worsens, What Happens?
You must stay in regular touch with the SSA while you are in your trial period. You will want to take note of any difficulties your disability causes you in returning to work. Make sure that these are a matter of record. The SSA promoted trial work programs because they allow disabled persons who might be hesitant to try going back to work to go ahead and take steps towards working again without fear of losing their benefits, if they find they are still unable to perform meaningful work. The most important thing to do during the whole process of returning to work is to keep the SSA informed of what you are doing. If you return to work without informing the SSA of your intentions and continue to draw Social Security disability benefits, you can face stiff penalties and consequences. In some cases, those who have returned to work without informing the SSA have been found guilty of fraud and sentenced to prison time. In most cases, if you return to work but are later unable to continue working due to the same disability, you won’t need to re-qualify for disability benefits. You will simply be placed back on SSDI, SSI, or whatever disability programs you previously qualified for.
Grubbs and Landry Can Help You With Social Security & Disability
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
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.
Having an ex-spouse who is supposed to pay child support, but doesn’t may make it impossible to provide for your children. These cases are treated with high priority in Family Court and the response time will be based on how quick you bring the issue to court. Delinquent parents can be penalized in many different ways depending on how much is owed. The court will decide based on each individual circumstance.
Penalties Your Co-Parent May Endure For Failure To Pay Child Support…
Garnishing wages is a common tool used by the court to get the funds which are owed and then they are given directly to you.
Withholding of any tax refunds that the co-parent may be expecting. The state may intercept and give to you.
Revoking of driver’s license and non-renewal of passport is also a way a delinquent parent could be punished for not paying child support.
In some cases, a custodial parent may hold the delinquent parent in contempt and they could face a fine or jail time.
Some Circumstances May Require The U.S. Office Of The Inspector General To Intervene
If the delinquent parent lives in another state and at least one of the following also applies:
There hasn’t been a payment in over 12 months to the custodial parent.
If the delinquent parent owes more than $5000.00.
If the delinquent parent deliberately traveled to another state or country to avoid his child support obligations.
Grubbs & Landry Can Help With Your Child Support Case
Child Support is determined by the guideline table outlined in the Kentucky Revised Statutes and is calculated based on the income of the parties and if a shared parenting arrangement is ordered, then the support may be adjusted to reflect it accordingly. Parties usually divide expenses such as medical bills, extracurricular expenses, and school fees based on their proportion of income. The court wants to limit the negative impact on the children as much as possible and wants the lifestyle which they have grown accustomed to remain the same. > Learn More
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. A car in a wreck with a commercial truck can be devastating for those in the car. If you are fortunate enough to survive you may deal with severe injuries that could require long-term care. The long-term care can be very expensive. The legal action against the truck driver may not provide victims and their families with enough compensation to cover the expenses. In many cases, the company that owns the truck bears some responsibility and liability for the accident. These trucking companies must comply with state and federal laws to keep everyone on the road safe. If they violate these laws, then they can be held liable. A few of these laws are listed below.
What Is A Commercial Driver’s License (CDL)?
A commercial driver’s license (CDL) is a driver’s license that is required to operate large, heavy, or placarded hazardous material vehicles in the United States in commerce. There are several different types of commercial motor vehicles (CMVs) that require a driver to hold a valid commercial driver’s license. Drivers need to have the appropriate license to operate the truck they’re driving.
Quality Management Focused On Maintenance And Repair
FMCSA (Federal Motor Carrier Safety Administration) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs), including more than 500,000 commercial trucking companies, more than 4,000 interstate bus companies, and more than four million commercial driver’s license (CDL) holders. Companies need to abide by the laws. If a commercial truck has not undergone regular maintenance and check-ups or does not have the proper safety equipment and causes a crash, the company that owns the truck is held liable.
Why Must Trucks Have Weight Restrictions?
There are a few reasons that trucks have weight limitations on roads and need to be properly weighed. The main reason is safety. The maximum tandem axle weight is the weight allowed on any tandem axle. Most weigh stations force drivers to “shut down” their operation if a truck weighs more than 6,000 pounds over maximum gross weight. The maximum weight of the cargo on a truck is based on its size. A truck that is over its weight limit or not weighted as required can be a liability for the truck owner.
In nearly all truck accidents resulting in injury or significant material damage, it is worth getting a lawyer to help with your accident claim. This is especially true if your car accident resulted in serious and/or debilitating bodily injury. Keep in mind that hiring a lawyer does not mean going to court. A good lawyer will make it easy for you to understand what they will do to help you with your case.
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 a Kentucky resident, if you have a long-term disability, you may be working through your options and trying to figure out which of the U.S. Social Security Administration financial assistance options is best for you. Both help Americans with disabilities get by financially without working. There are key distinctions that exist between the two types of assistance programs.
SSDI (Social Security Disability Insurance)
You may ask if you are eligible for benefits? Do you qualify for disability insurance? The U.S. Social Security Administration must determine that your injury is severe enough to meet its strict definition of the term. And you will need to have enough work history. The number of work credits you need to qualify for disability benefits depends on your age when your disability begins. Every year the number of earnings required for a credit increases slightly in line with the rise in average earnings. To get the maximum of 4 credits, which is the annual entitlement you need to earn $6,040 you must have the required work credits to potentially be eligible for benefits.
SSI (Supplemental Security Income)
Supplemental Security Income (SSI) is a federal program that provides monthly payments to people who have limited income and few resources. SSI is for people who are 65 or older, as well as for those of any age, including children, who are blind or have disabilities. Your disability will have to meet the administration definition of the word. However, this type of benefit assistance is available for low-income individuals only.
Filling your disability claim can be an overwhelming and daunting process. More than 60% of Americans have their disability claim denied initially. A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials. Many people find that they are able to qualify for assistance after they file an appeal.
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.
Kentucky is one of the few states that allows grandparents to sue for visitation if the grandchild lives in an intact family. A court may award a grandparent the same visitation rights as a parent without custody if the grandparent’s child is deceased and the grandparent has provided child support to the grandchild. In all cases, courts examine the best interests of the children. Divorce and separation cause trauma for all family members. With a break up, the level of influence of family members on either side is jeopardized. Especially extended family including grandparents. What are the rights of grandparents involved in the lives of their grandchildren after divorce or separation, as well as the extent to which their rights are enforceable by law if denied by either parent?
Child Visitation
The circuit court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so: KRS 405.021 Reasonable visitation rights to grandparents. The grandparent asking for court-ordered time has the “burden of proof” (the duty to provide sufficient evidence) to show that visitation is in a child’s best interest. Kentucky courts automatically presume parents act in their child’s best interests and give special weight to their preferences regarding their child’s care. If your grandchild’s parent(s) object to grandparent visitation, you must overcome this “presumption” (legal assumption) by showing that spending time with you serves the child’s best interests. If the court determines grandparents’ future involvement to be in any way harmful to the child’s well being, visitation rights may be denied. Grandparents are entitled to appeal the decision.
Unmarried Fathers and Grandparents’ Rights
If unwed fathers do not legally establish fatherhood by filling out a voluntary declaration of paternity, performing a paternity test, or signing the child’s birth certificate when they are born, they do not have any parental rights. Without one of these facts when the unwed father splits from his child’s mother with his legal paternity unconfirmed, he is not assumed to be the father. Therefore he will not be granted parental rights or given any kind of child custody. In such cases, the same is true for paternal grandparents. If there are no parental rights for the father, there are no rights for paternal grandparents.
What Can Grandparents Do When Barred From Spending Time With Grandchildren?
When grandparents are denied contact with their grandchildren it can be heartbreaking for the grandparents and grandchildren alike. Although suing for visitation rights is a possibility, the most productive approach is resolving family disputes. Maybe mediation could provide an opportunity for resolution. If mediation fails, you can still have legal recourse. Contact a family attorney who understands family issues tend to be personally painful and that legal battles are to be avoided whenever possible. So get some legal advice to solve your visitation problems.
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 truth is, marriage is not only a romantic relationship but also a type of business relationship. This dual nature and purpose of marriage have led to the increased acknowledgment that a prenuptial agreement (also called a premarital agreement or prenup, for short) can be useful to protect each spouse’s financial interests. Many engaged couples think it will never be a necessity, the truth of the matter is many marriages fail.
Peace of Mind
With a prenuptial agreement you would have peace of mind that your assets, finances, real estate, and other issues of value which are protected. Prevention is the best defense against a devastating loss.
Gift of Love
Popular culture has us thinking that prenuptial agreements are simply about anticipating a divorce. That is far from the truth the agreements are generally recommended for everyone. They signify a strong way of signifying you care about your future spouse because you want to ensure things are taken care of as thoroughly as possible.
Especially Important to Consider
If a divorce ever becomes your reality, you will thank yourselves for having taken care of a majority of the financial aspect of our marriage ahead of time. Especially if your life includes…
Children from a previous marriage
If either of you has been married before
Either of you has more wealth than the other
Either of you is a business owner
Custody of future children and pets
Hiring a prenup lawyer can make all the difference, not only in reaching an agreement but also in getting it memorialized in a document that will stand up in court. A good lawyer — well, two lawyers, actually — will ensure that a prenup fits everyone’s needs. The law considers marriage a contract between two people. So unless a married couple creates a legally binding agreement that states otherwise, the law in the state where they live will govern their property rights.
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
