Author: Grubbs & Landry

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.

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.

Assault Versus Battery – Understanding the Difference…

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!

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.

Understanding Probate and How to Sell or Buy Property That Goes Through It…

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!

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.

3 Reasons Why You Should Be Wary of Online Divorce Services…

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!

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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Options You Can Take When Your Ex-Spouse Stops Paying Child Support…

The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement.

Getting the Court Involved

As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem. If a party fails to follow the instructions on the paper, jail time could be a consequence. the court has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem. Sometimes your ex learns his or her lesson, and the problem never happens again. This is what you hope for because jail time is unproductive since then the ex will not be able to work to make any sort of payment.

The following are common instructions to recover child support payments…

  • Garnish Your Ex’s Wages – Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts.
  • Ask For The Sale Of Pre-Existing Assets – In certain circumstances, you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award.
  • Ask For A Lien On Property – What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property.
  • Withhold Federal Tax Refunds
  • Suspend a Business License
  • Suspend Driver’s License

Next Steps If The First Try Doesn’t Work

If your ex fights you in court or attempts to underestimate his or her earnings you can request an income and expense declaration. Sometimes, a former spouse will ignore the request for a current Income and expense declaration. If this occurs, the Family Code provides that if there is no response within 35 days, or if the Income and Expense Declaration is incomplete as to any wage information, or if pay stubs and income tax returns are not attached, then the requesting party may serve a Request for Income and Benefit Information directly on the employer of the other party. The non-responding party may also be sanctioned by the court for his or her failure to comply with the initial request. As much documentation as you can provide such as pay stubs, tax returns, bank statements, and any records which provide the income and capital of the other party is to your advantage.

Contact us (859-341-2500) for a Free Consultation!

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

3 Ways Businesses Can Be Divided During or After a Divorce…

The division of property is based upon the state of residency. In the state of Kentucky, a court must divide all assets. While this distribution may not be equal, assets division will be handled with the upmost fairness. The following are a few ways a court will divide business assets in a divorce…

Buy-out Your Spouse

If the property is co-owned and there is negative energy that is hindering the spouses from remaining professional, one spouse might considering buying out the other’s half. This must be agreed upon by both parties.

Co-ownership

If the spouses are on good terms, they could continue to share the business after the divorce. If the business holds emotional value for both parties, they may commit to having a professional relationship even after their marriage has ended. If neither party wants to give up their share but they also do not get along, they might agree to one of them becoming a silent partner. Silent partners do not play a role in the day-to-day aspects of the business but they still contribute financially and benefit from the profits of the business.

Sell The Business

In the event that a buy-out or co-ownership are not feasible options, both parties can choose to sell the business in it’s entirety and divide the money evenly. This may seem simple but it can become complicated as it can come with its own share of problems. Sometimes one spouse will not agree to sell their half. It can also take some time to find a buyer based on the market for the particular type of business.

Contact us (859-341-2500) for a Free Consultation!

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