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Frequently Asked Questions
What is probate?
Probate is the name of the process of the distribution of assets by the courts. Whether or not you have a will, your property has to be properly passed onto the next owners. A will provides guidance to the court as to what you want done with your property, but a judge does not necessarily have to follow a will. If a will is in an improper format or has improper provisions, a judge may ignore the will or provision and use state law to distribute your belongings.
What happens if you pass without a plan?
In Kentucky, when a person dies without a personalized plan, Chapters 391-397 of the Kentucky Revised Statutes govern the distribution of your property.
Do I need an estate plan?
Everyone has an estate plan. Whether it's a simple will, a trust, or nothing at all. A will allows you to guide the courts in the distribution of property. A trust gives you more control and allows you to avoid the courts. When you don't have documents, your estate plan defaults to state law.
Aren't estate plans only for the ultra rich?
Absolutely not! Estate plans have many different tools that can be useful for anyone who owns a home, has children, owns their own business, wishes to ease the impact their passing would have on their family, or simply wants to keep their property out of the hands of the courts.
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