Kentucky Objection to Family Allowance in a Decedent's Estate

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US-02670BG
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

All creditors that wish to be paid from the estate are required to file a claims against the estate within 180 days (6 months) from the date the personal representative is appointed. Valid debts can be paid after the six months are up.

Kentucky Revised Statutes | Chapter 395 - PERSONAL REPRESENTATIVES | Casetext. Kentucky Revised Statutes. Title 34 - DESCENT, WILLS, AND ADMINISTRATION OF DECEDENTS' ESTATES.

The surviving spouse is entitled to the 50% dower share. The other remaining 50 percent goes to the deceased spouse's relatives based on succession laws ? children, followed by grandchildren, then parents, siblings, or nieces and nephews.

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.

If you have a larger estate, you can avoid a long and expensive probate process by using a technique of asset transfer called a Living Trust. A document called a ?trust document?, which is similar to a Will, is created which names a person who will control the trust.

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.

Survivorship property and property payable on death passes to the surviving co-owner shown on the deed or instrument, unless a disclaimer was filed, and not by the terms of the will or by the laws of intestate succession.

In Kentucky, unless the will states otherwise, executor compensation is determined as a percentage of the estate value, not to exceed 5%. Typically, the larger the estate, the smaller the percentage.

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Kentucky Objection to Family Allowance in a Decedent's Estate