Wills

A will says who receives your property, who will handle your estate (your executor), and, if you have young children, who you would like to raise them. Without a will, Kentucky law decides who inherits, and the result may not be what you would have chosen.

In Kentucky, a will must be in writing and signed. Unless it is entirely in your own handwriting, it must be signed in front of two witnesses, who also sign. We can also make your will “self-proved” with a notary, which can make probate simpler later on. We will help you review your will after major life changes such as marriage, divorce, a new child or grandchild, or buying or selling property.

Powers of Attorney and Health Care Directives

An accident or illness can leave anyone unable to handle their own affairs. These documents name someone you trust to step in:

• Durable power of attorney. Names an agent to handle your finances, bills, banking and property if you cannot.
• Living will directive. Kentucky’s form lets you name a health care surrogate and state your wishes about life-prolonging treatment and artificial nutrition and hydration.

Having these in place can help your family avoid going to court for a guardianship.

Deeds

How you hold title to your home or land affects what happens to it when you die. We prepare deeds for families in Hardin and surrounding counties, including:

• Survivorship deeds, so that property passes directly to a surviving co-owner.
• Life-estate deeds, which let you keep the right to live on and use your property for life, with the property passing to the people you name afterward.
• Deeds from an estate, transferring property from an executor or heirs after a death.

Each option has trade-offs, including tax and long-term-care considerations. We will explain them before you sign.

Probate and Estate Administration

When someone dies owning property in his or her own name, the estate usually goes through probate in the district court of the county where the person lived. We guide executors, administrators and families through each step:

• Getting appointed. If there is a will, it is filed with the court and the named executor is appointed. If there is no will, the court appoints an administrator, generally preferring the surviving spouse and then the next of kin.
• Inventory. The executor or administrator lists the estate’s assets and files an inventory with the court.
• Notice and creditor claims. Creditors generally have six months after the executor or administrator is appointed to present their claims. We help you evaluate claims and pay valid debts in the right order.
• Settlement and distribution. Once debts, expenses and any taxes are handled, the remaining property is distributed to the heirs or beneficiaries and the estate is closed with the court.

Smaller and simpler estates. Not every estate needs full administration. Depending on the size of the estate, who survives the person and how the property is titled, Kentucky law may allow a shorter procedure. Some property, such as jointly owned accounts and life insurance with a named beneficiary, may pass outside probate altogether. We will look at your situation and tell you which route fits.

What to Bring to Your First Meeting

If you are planning ahead:

• A list of your property and accounts and how each is titled (real estate, bank and retirement accounts, life insurance, vehicles)
• Copies of any existing will, power of attorney or living will
• Copies of deeds to any real estate you own
• Names and addresses of the people you want to include, and of anyone you are considering as executor, agent or guardian

If someone has passed away:

• The death certificate (a copy is fine to start)
• The original will, if there is one
• Recent statements for bank, investment and retirement accounts
• Deeds, vehicle titles and life insurance information
• Any bills, debts or letters from creditors
• Names and addresses of the surviving spouse, children and other family members

Don’t worry if you don’t have everything. Bring what you can, and we will help you sort out the rest.