“I wanted to send a sincere note of thanks to Tom and his team for their recent support. It was almost 2 years ago that I reached out to ask for assistance to care for my cousins estate after his unexpected death. There was no will and his estate was somewhat complicated. Adding to that complexity was the fact that my cousin lived in KY and I in Illinois. Tom worked with me to address all that needed to be done and was very professional and responsive. Although we never actually met in person, I felt he had the best interest of myself, and my cousin, in mind at all times. I am thankful for the support and could not have made it through this process without him. Thank you!”

-Mary G.

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Home » Louisville, KY » Probate
Probate is the legal process for proving a Last Will and Testament valid or invalid, appointing an Executor (or if no Last Will and Testament an Administrator), collecting the assets, paying the lawful debts, and distributing estate assets according to the Last Will and Testament or the laws of the Commonwealth of Kentucky if there is no Last Will and Testament.

In Kentucky, a probate proceeding takes place in the District Court located in the county where the deceased resided. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law. This period of time is required in order to allow anyone who may be a creditor of an estate to file a proof of claim notifying the estate that the creditor has not been paid. Depending on what assets are in the estate and the directives in the Last Will and Testament, the Executor or Administrator may need to take care of, maintain or sell real estate, evaluate various insurances covering and protecting assets, make decisions regarding investments (which may be in the form of stocks, mutual funds, bonds, or any number of other investments), consolidate bank accounts, certificates of deposit, automobiles, motorcycles, retirement accounts (401(k), IRA, Roth IRA, and Roth), collections (coins, stamps, comic books, etc.) and firearms. This is not a complete list of all the types of assets an Executor or Administrator would deal with during the administration of an estate, but gives you an idea of the many different aspects and decisions the Executor or Administrator will encounter.

Some Last Will and Testaments incorporate a Trust referred to as a Trust Under Last Will and Testament. This may require additional steps or duties to be taken during the administration of the estate by the Executor.

Sometimes probate may involve a new or existing lawsuit on behalf of the deceased. This may arise as a result of a motor vehicle accident which caused the death of the deceased, or it may be a lawsuit the deceased began prior to passing. In either case, the Executor or Administrator is substituted as a party in place of the deceased. This may require the probate case to stay open for a longer period of time until the lawsuit is concluded.

If you have been named as the personal representative to an estate for a deceased individual who resided in Kentucky, but you do not reside in Kentucky, you need to have a knowledgeable and experienced legal team like Stone Legal Group, PLLC who can make the process easy and convenient for you. We can handle most matters, including court appearances, without the need for you to travel to Kentucky. We have vast experience working with out-of-state clients in probate matters and have streamlined the process for same.

There are many steps required at the local, state and possibly federal level that must be timely completed in order to properly settle one’s estate and distribute the assets according to the deceased’s wishes in their Last Will and Testament or in accordance with the laws of the Commonwealth of Kentucky if there is no Last Will and Testament. No two estates are alike. Unfortunately, at some point in your life you will probably deal with the death of a spouse, family member, significant other or friend. Thus, they may have an estate that will need to be administered. If serving as the Executor or Administrator of an estate is overwhelming, Stone Legal Group, PLLC can assist you and guide you through the process. If serving as the Executor or Administrator of an estate is not a task you want to undertake, Stone Legal Group, PLLC, can take on as many or all of those duties as you wish. Our goal is to make the probate administration process as stress free as possible, no matter what the circumstances or the dollar value involved.

If Requested…

The Stone Legal Group, PLLC can help you take the guess work out of a administration of an estate in probate. Let us take the burden off your shoulders during your time of grief. The Stone Legal Group, PLLC can open your estate, handle filings, prepare documents, prepare estate taxes, liquidate assets, sell stocks, and assume other duties as required.During estate planning, the Stone Legal Group, PLLC can also assist you with document preparation, act as the Power of Attorney, liquidate assets including the sale of stock, and perform other duties as needed.

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Estate Planning refers to the process in which you decide and document what happens to your assets after you die.

- Do you currently have a Last Will and Testament that is in accordance with your wishes and in conformity with the Commonwealth of Kentucky?

- Do you want the Commonwealth of Kentucky to decide who should receive your estate?

- Did you know that marriage or divorce will impact your Last Will and Testament?

- If you are in a domestic partnership in the Commonwealth of Kentucky, given the current laws, your significant other is not considered an heir to your estate. This problem can be cured with a properly prepared Last Will and Testament.

- Are there children from prior relationships?

- Are there special circumstances that need attention concerning a spouse, child or significant other?

- Depending on your specific circumstances and wishes, a Trust may be the best solution for you.

- Do you have a durable Power of Attorney so that someone can act on your behalf if you are no longer able to do so for yourself in order to avoid having the court appoint someone for you?

- Do you have a Living Will/Healthcare Directive so that you are not kept alive by life-prolonging treatment and artificially provided nutrition and hydration?

Estate Planning

Having your estate planning properly established and planned out provides comfort and security in knowing that your wishes will be met once the time comes that you can no longer express your wishes.

FREE Initial Review of:

  • Self Prepared documents
  • Online Wills/documents

Did You Know?

Unlike married couples, in the Commonwealth of Kentucky there are currently NO provisions under the law for Domestic Partnerships.The Stone Legal Group, PLLC can help you protect your partner.