Pamela Hall Potter’s Answers

Pamela Hall Potter

Ashland Estate Planning Attorney.

Contributor Level 7
  1. I am looking for how wrongful death suit settlements are divided between spouse and children in the state of kentucky.

    Answered almost 2 years ago.

    1. Pamela Hall Potter
    2. Bradley D. Harville
    3. George Costas Andriotis
    4. Joseph Jonathan Brophy
    5. James P. Frederick
    5 lawyer answers

    The Kentucky wrongful death statute (KRS 411.130) provides that funeral expenses, cost of administration, and cost of recovery are first deducted from the amount recovered. Then, if there is a surviving spouse but no children (or other descendants), the spouse gets the remainder of the recovery. If there are both a spouse and children, the spouse gets half and the children split the other half. If the case ended in a settlement rather than a recovery, you must also consider the terms of the...

    4 lawyers agreed with this answer

  2. My father died without a will & his widow, my step-mom is avoiding probate. What are my options? Please Help!!!!!!!!!!!!!

    Answered over 4 years ago.

    1. Pamela Hall Potter
    2. Catherine Hammond
    3. Steven J. Fromm
    3 lawyer answers

    In Kentucky, an heir at law (which includes a child) can initiate an estate administration proceeding. An attorney is not required (although the process usually proceeds much more smoothly when the heir is represented by an attorney.) The forms to petition the District Court for appointment as the personal representative of the estate are available online at http://courts.ky.gov/. You can contact the District Court Clerk of the county in which your father resided to determine when and how...

    Selected as best answer

  3. In an estate sale (house) inherited by five children, four of the children have signed the deed to sell to a high bidder. one o

    Answered over 1 year ago.

    1. Pamela Hall Potter
    2. James P. Frederick
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    In Kentucky, real estate is not part of the probate estate unless the sale of the real estate is required to pay debts of the estate or the Will gives the personal representative the power to sell the real estate. The sale to pay claims would require court approval. With an heir objecting to the sale, the personal representative would probably want court approval in any case. If the Will does not give the personal representative the power to sell and the real estate does not have to be sold...

    2 lawyers agreed with this answer

  4. After death, bills are more than assets

    Answered over 4 years ago.

    1. Pamela Hall Potter
    2. Catherine Hammond
    2 lawyer answers

    You did not say where your father lived. If he was a Kentucky resident, I can give you information that may answer some of your questions. If a creditor had a lien on any of your father's assets (for example, a lien on a car), the secured creditor could require the sale of that asset. The sale proceeds would be used to pay that creditor's debt (up to the amount of the security interest.) Any excess sale proceeds would be part of the probate estate. In Kentucky, a surviving spouse is...

    1 person marked this answer as helpful

  5. If a parent dies with a will is the only child entitled to see it or get a copy if they are told they are excluded in the will

    Answered over 4 years ago.

    1. Pamela Hall Potter
    2. Catherine Hammond
    2 lawyer answers

    In Kentucky, a Will cannot be received into evidence until it has been probated by the District Court. Until the Court determines that the document meets the statutory requirements for a Will, the document is not evidence of how the estate is to be distributed. Occasionally, we will see a document that the decedent intended to be his Will, but it was not witnessed properly, or there was fraud or undue influence in its execution. In that case it cannot be admitted to probate, and it has no...

    1 person marked this answer as helpful

  6. If a person is put in a nursing home on medicaid & later inherits some money, will nursing home get the inherited money?

    Answered over 4 years ago.

    1. Pamela Hall Potter
    1 lawyer answer

    If a person who is receiving Medicaid to pay nursing home expenses receives an inheritance, the inheritance will probably cause the person to exceed the Medicaid resource limit of $2,000.00. This would cause a Medicaid disqualification, and the person would then become a private pay patient. The inheritance would then have to be used to pay the nursing home expenses until the assets are again down to $2,000 when the person could re-apply for Medicaid. With proper planning, It may be...

    1 person marked this answer as helpful

  7. Does the executor have say over an inherited home after it has completed probate.

    Answered over 1 year ago.

    1. Pamela Hall Potter
    2. Robert Miller
    3. Jonathan Stuart Frank
    3 lawyer answers

    In Kentucky, real estate does not become part of the probate estate unless the Will authorizes the executor to sell the real estate or it has to be sold to pay debts of the estate. Ordinarily, when an executor sells real estate, probate court approval is required unless the Will states that the sale can be made without Court approval. If the Will does not give your sister the power to sell the home without court approval, then she will have to get an order from the court. She would have to...

  8. I need a Petition to Disburse

    Answered over 1 year ago.

    1. Pamela Hall Potter
    1 lawyer answer

    If your father was a Kentucky resident, then his surviving spouse is entitled to a $15,000 exemption. If the dividend is less than $15,000 and there is nothing else in the probate estate, she can file a Petition to Dispense with Administration of the Estate and ask the Court to order the transfer of the dividend to her. The Petition is form AOC 830. You can download that from the Kentucky Court of Justice website (courts.ky.gov) or you can get a copy from the District Court Clerk. You may...

  9. My 2 older sisters are co-executors of my dad's estate. The will states that all 5 children (I have younger brothers) are equal

    Answered over 3 years ago.

    1. Pamela Hall Potter
    2. Eliz C A Johnson
    2 lawyer answers

    In Kentucky, real estate normally does not become part of the probate estate that the executor administers unless either the Will states that the executor has the power to sell the property or the property has to be sold to pay the debts of the estate. If the Will gives the executors the power to sell the property, then they would not have to get the signatures of the beneficiaries of the estate. They would have to account to the Court for the proceeds of the sale. If the Will does not give...

  10. Do I have rights to my father's estate after 15 years?

    Answered about 4 years ago.

    1. Pamela Hall Potter
    1 lawyer answer

    You can go to the District Court Clerk in the county where your father lived to see if a probate action was ever filed. If there was a formal estate administration process, the court file should show you what happened to his property. From the information provided, I cannot determine what rights you might have now. You really need to talk with an attorney who is very familiar with probate law. You can contact the Fayette County lawyer referral service for a referral to an attorney who might...