- The State of Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.010 provides the following laws on intestate succession as opposed to New York State Laws of intestate succession:
a. If a decedent is survived by a spouse and issue: the decedent’s (either male or female) issue and their descendants inherits everything. If there are no issue, then it passes onto the parents. If both parents are living, the estate is divided among them in two parts, not necessarily equal. If only one of the parents are alive that parent gets the entire share. If the decedent’s parents are deceased, the estate passes onto the decedent’s siblings and their descendants. If the decedent has no siblings, the estate then goes onto the spouse of the decedent.
New York State Laws of Intestate Succession states: If a decedent is survived by a spouse and issue, the spouse receives the first $50,000 and one-half of the rest of the decedent’s estate. The rest of the estate is then divided equally among the issue (by representation). Unfortunately in Kentucky, the spouse only inherits if there are no issue, descendants of issue or parents.
b. If a decedent is survived by no spouse and no issue: the decedent’s inheritance will then go to his parents in two parts, if the both are living. If only one parent is living, that parent will receive the entire share. If no parents are living, the estate then passes onto the decedent’s siblings and their descendants. If there are no siblings, it will then go on to the grandparents, equally, if they are both living. If one is alive then that one gets the entire share. If they are not living, then it will pass onto the uncles and aunts and their descendants. If there are none alive, then it passes onto the great-grandparents according to the same manner of the grandparents.
New York State Laws of Intestate Succession states: If a decedent is survived by no spouse and no issue, the decedent’s surviving parents inherits equally or if there is only one parent, that parent inherits it all.
2. According to the Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.040 provides the following law regarding the validity of a Will:
a. In the state of Kentucky, a holographic will is valid, if it is in writing and is signed by the testator himself, or by a representative in his presence and by his direction. The will must be wholly written by the testator and the signature should be witnessed in the presence of at least two (2) credible witnesses, who must also sign their names in the presence of the testator, and in the presence of each other. Nuncupative (oral) wills are not valid in Kentucky.
Under New York State Law, holographic and nuncupative wills are not valid with the exception of members of the military who are on active duty during a war, civilians who are accompanying the armed forced during war or mariners.
3. According to the Kentucky Revised Statutes (2013), Title XXXIV, Chapter 394, §394.040 provides the following law regarding the validity of a will:
A duly executed will must be witnessed in the presence of at least two (2) credible witnesses, who must also sign their names in the presence of the testator, and in the presence of each other. New York State Law also requires two attesting witnesses as well.
4. The second most populous city in the state of Kentucky is Lexington (with a population estimated to be about 305,489 according to the U.S. Census Quick Facts website).
5. Landrum & Shouse, LLP is a general practice law firm with offices located in Lexington and Louisville Kentucky. They specialize in a wide variety civil litigation services, including Probate and Estate Planning. The mission statement on their website states: “Our Mission, to which we are dedicated, is to provide professional legal representation and service to our clients to the very best of our capabilities, individually and in unity with one another. http://www.landrumshouse.com.
6. Dennis Badger & Associates, Inc. is a real estate appraisal and consulting firm centrally located in Lexington, Kentucky. Housed at 141 Prosperous Place #26, Lexington, Kentucky, Dennis Badger & Associates, Inc. pride themselves in offering timely real property appraisals of most property types such as residential, commercial, industrial, multi-family, special purpose, vacant land, and residential subdivisions. http://dennisbadger.com
7. The Kentucky Court of Justice under the District Court Division probates wills in Lexington, Kentucky located at 150 N. Limestone, Lexington, Kentucky 40507.
8. A student in Lexington, Kentucky who wants to earn an Associate in Applied Science degree or a Baccalaureate degree in Paralegal Studies can enroll at Sullivan University. The school is approved by the American Bar Association. The tuition for an 18 month Associates Degree program is $35,040.00, which is definitely more expensive than New York City College of Technology’s tuition of $2,865 per semester for the same degree.
Sullivan University did not publish any of their course descriptions online.
The State Capitol of Kentucky
