Dr. Death and Death with Dignity Laws
Jack Kevorkian, also known as "Dr Death," was a controversial pathologist who claimed to have helped 130 people commit suicide when terminally ill. To help his “patients,” Kevorkian built a suicide machine called the Mercitron or Thanatron, which he operated out of a Volkswagen van to inject a lethal drug dose for people...
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My Dad Died Without a Will and His Mortgage Wasn’t Paid – Why Am I Being Sued?
When people die intestate without a valid Last Will and Testament, there are all sorts of problems that might surface for surviving children. One of the most common concerns is who should pay ongoing house expenses such as recurring monthly utility, internet, cable, yard maintenance, and trash pickup charges. Without the direction...
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What is Portability in Estate Planning?
Portability (as that term is used in estate planning) is an opportunity available to a surviving spouse to use the deceased spouse's unused federal gift or estate tax exemption. This election is made to protect the surviving spouse's estate from later owing substantial death taxes when she dies. This may be especially...
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HOW & WHEN TO CONTEST A WILL IN KENTUCKY
Despite the familiar depiction of a will contest on television and in movies, a court proceeding to challenge the validity of a Last Will and Testament is quite different. These cases are typically filed by a beneficiary or potential heir to nullify the will with the result of having an alternate distribution...
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WHAT IS A KENTUCKY SMALL ESTATE?
Occasionally, a question comes up about opening a “small estate” in Kentucky. The situation might pertain to where a spouse dies (with or without a Last Will and Testament) and only leaves a car and a bank account in his individual name. All other property might be owned jointly with the surviving...
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What is a Fiduciary Bond?
In Kentucky, whenever a person is to act as a fiduciary, the court making the appointment is required to set a bond to protect the interests of those individuals who are to financially benefit from the case or the matter at hand. The bond essentially serves as a legal tool to make...
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Claims against Estates in Kentucky
Generally speaking, the personal representative of an estate is NOT personally liable for estate debts (even though he is personally responsible for an accurate accounting of all estate assets and the proper disposition or distribution of those assets to heirs or beneficiaries, as the case may be). Consequently, the proper handling of...
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Where is All of Your Stuff?
A recent death brought into focus the efforts your family may need to take if you become disabled or die without leaving any instructions or information about your affairs. Even if you have a Power of Attorney and Last Will and Testament, how difficult will it be for others to help if...
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Questions a Lawyer Will Ask When You Call about Probate
When a loved-one or relative dies, it can be a difficult time to speak with a lawyer about legal issues regarding the estate. At this time, the grief over the loss can be overwhelming, so much so that it may interfere with your ability to contemplate what information you may need to...
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Can You Really Protect your Assets from Creditors?
These days lawsuits seem to be filed all the time (maybe even when there doesn't appear to be any reason for it), the question often asked is what can be done to protect my assets from creditors? While people don't typically go around worrying about losing their home, savings or investments, there...
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