Kentucky Legal Guides
12 guides covering Kentucky topics, each with CaseDiver search beside the article.
- A Legal Guide to Challenging a Trust in Kentucky
A trust in Kentucky represents a significant strategic investment in the future, established to advance the economic success and well-being of its designated beneficiaries. Much like a formal endowment program designed to foster growth and …
- Castle Doctrine in Kentucky: Deadly Force Against Intruders
Kentucky castle doctrine: when occupants may use deadly force against home intruders, key statutes (Ky. Rev. Stat. § 503.055), presumptions, and leading cases.
- Enormous Judgment Entered in Kentucky Estate Dispute
When fiduciaries of trusts and estates are also in control of family businesses, courts take breaches of fiduciary duty seriously. When misconduct is intentional and concealed, traditional ideas about statutes of limitations and prohibition…
- How Do You Make a Valid Will In Kentucky?
To make a valid will in Kentucky, the will must be: In writing; Signed by the testator; Witnessed by two witnesses. The requirements to make a valid will under Kentucky law are found at KRS 394.040. Who Can Make a Valid Will Under Ke…
- Jurisdiction Over A Trust Dispute – The Kentucky Supreme Court Decides
The Kentucky Uniform Trust Code grants concurrent jurisdiction of trust disputes to the District Court and the Circuit Court, but limits where a subsequent proceeding can be filed relating to the substance of the trust matter initially file…
- Kentucky Child Support Guidelines: How Support Is Calculated
How Kentucky calculates child support under Ky. Rev. Stat. § 403.212, including the income shares, deviations, modification, and leading cases.
- Kentucky Maintenance: Eligibility, Amount, and Duration
How Kentucky courts award maintenance under Ky. Rev. Stat. § 403.200: eligibility, statutory factors, duration, and leading cases.
- Kentucky Supreme Court: Bank Committed Breach By Failing To Follow Trust Code and Demanding Indemnification By Beneficiary
In Estate of Worrall v. J.P. Morgan Bank , an April 28, 2022 opinion, the Kentucky Supreme Court determined that J.P. Morgan Bank committed a breach of its statutory and fiduciary duties under the Kentucky Uniform Trust Code by failing to d…
- Kentucky Supreme Court Determines Surviving Spouse Fraudulently Deprived Of Dower Right
In Kentucky, a surviving spouse has an absolute dower right to one-half of the personalty of her deceased widow's estate. In Simpson v. Wethington , a February 24, 2022 opinion, the Kentucky Supreme Court held that a gift to Decedent’s son …
- Stand Your Ground Laws in Kentucky
Kentucky stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Kentucky
A Kentucky surviving spouse has rights under Kentucky law, including: Intestate Share Dower Share Homestead Personal Property Exemption $2,500 Withdrawal Elective Share A widow's rights differ depending on whether the deceased spouse had a …
- Who Are Next Of Kin In Kentucky?
In Kentucky, the term “next of kin” is often used synonymously with the term “heirs.” Next of kin heirs for purposes of intestate inheritance in Kentucky are generally the: Surviving spouse Children and descendants Parents Siblings Grandpar…