Kentucky Motion for Summary Judgment - Heirship - Wrongful Death Case for Failure of Valid Cause of Action

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US-MOT-01430
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FAQ

If they explicitly grant the executor the power to sell property, they can proceed with the sale without obtaining unanimous approval from all beneficiaries. The executor's authority in this regard is usually outlined in the will and can include some limitations.

In a typical Kentucky wrongful death case, the court will award damages as follows: The deceased person's estate will receive compensation for funeral expenses, administration costs, and any attorneys' fees. Surviving family members will receive the remainder of the damages awarded.

Kentucky has a lenient time requirement for probate. ing to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person's death. However, it is better to file soon after the person's death and to complete the probate process as quickly as possible.

Every estate is different and can take a different length of time to administer depending on its complexity. There is a general expectation that an executor or administrator should try to complete the estate administration within a year of the death, and this is referred to as the executor's year.

If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.

Unlike most other states, Kentucky utilizes the ?dower and curtesy? inheritance structure. If a spouse dies without a will, the spouse receives the dower share, but not the entire estate. Because of these laws, you'll want to consider a will to designate how you want your assets distributed, despite being married.

Standard for Summary Judgment Under Kentucky law, ?the proper function for summary judgment . . . is to terminate litigation when, as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant.? Steelvest, lnc.

Kentucky: Compensation is up to 5 percent of the personal estate, plus 5 percent of ?the income collected by the executor? for the estate. Louisiana: As determined in the will, or 2.5 percent of the gross estate.

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Kentucky Motion for Summary Judgment - Heirship - Wrongful Death Case for Failure of Valid Cause of Action