Tag: Will

What Happens When A Will Is Contested In Kentucky?…

Posted by Grubbs & Landry on

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!

—

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 Prepare Your Estate to Avoid Mistakes and Long Delays In Probate…

Posted by Grubbs & Landry on

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!

—

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.