Kentucky Petition for Appointment of Trustee Under Will

State:
Kentucky
Control #:
KY-AOC-820
Format:
PDF
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Description

This Petition for Appointment of Trustee Under Will is an official form used by the Commonwealth of Kentucky, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.

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FAQ

No, in Kentucky, you do not need to notarize your will to make it legal. However, Kentucky allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Settling the Estate The settlement may not be filed until at least six months from the date the personal representative was appointed. KRS §395.190. If settling the estate takes more than two years, a periodic settlement may be required.

An executor in Kentucky is entitled to payment for his services on behalf of the estate. State laws limit the executor's compensation to 5 percent of the value of the deceased's total estate and 5 percent of the amount of the total income the executor collected for the estate.

In Kentucky, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Kentucky law provides for many different manners in which to avoid probate. For example, probate is altogether unnecessary for small estates.In this way, the owner who dies first passes his or her interest in the property to the survivor, and the interest in property does not have to go through the probate process.

A power of appointment or power of appointment trust is a legally binding provision contained in a trust which gives a surviving spouse or other beneficiary the authority to change the ultimate beneficiaries of a trust.

A trustee is the individual appointed to administer assets or property for the benefit of a third party. A trustee could be appointed for the purpose of bankruptcy, a charity or certain kinds of retirement plans, but the most common is a trust.

The trustee can be a person or an entity, such as a domestic corporation or partnership. Often, major banks or trust companies have departments devoted exclusively to administering trusts. Also, more than one person can be a trustee; each serving as co-trustees.

There is no specific language needed to create a general power of appointment. The trustee just has to make sure that the exercise of the power is unrestricted.An inter vivos power of appointment must be exercised during the donee's life. The testamentary power of appointment must be exercised by the donee's will.

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Kentucky Petition for Appointment of Trustee Under Will