(502) 632-3264 elizabeth@doddattorneyspsc.com Mon–Fri 8:00–5:00 · Weekends by appointment
Serving Jefferson, Bullitt, Hardin, Spencer, Shelby, Oldham & all Kentucky counties
24%of American adults have a will (2025)
33%had one in 2022 — the number is falling
43%of those without one "just haven't gotten around to it"
Estate planning

What a Kentucky estate plan actually includes

  • Will — names who inherits, who serves as executor, and who would raise minor children.
  • Durable power of attorney — under Kentucky's Uniform Power of Attorney Act, lets someone you trust act for you if you can't.
  • Living will directive & health care surrogate — Kentucky's forms for medical wishes and who speaks for you.
  • Trusts and beneficiary designations — the tools that keep assets out of probate entirely.
  • Taxes — Kentucky has no estate tax; its inheritance tax exempts spouses, children, parents, grandchildren, and siblings.
Probate

Five Kentucky probate facts worth knowing

  • Estates are opened in the district court of the county where the person lived.
  • The executor or administrator files an inventory within two months of appointment.
  • Creditors have six months from appointment to present claims, so estates rarely close sooner.
  • A surviving spouse or child entitled to under $30,000 in personal property may qualify to skip full administration.
  • Jointly owned property, trust assets, and accounts with a named beneficiary generally pass outside probate.
Read the full probate page →
Guardianship

How adult guardianship works in Kentucky

  • A petition is filed in the district court where the person lives.
  • An interdisciplinary evaluation — physician, mental-health professional, and social worker — reports on the person's abilities.
  • Kentucky is the last state to require a jury: a six-person jury decides disability unless the jury is waived.
  • The court can appoint a guardian (personal decisions), a conservator (finances), or both — full or limited.
  • Guardians report to the court and must act in the person's best interest.
Mediation

Why families choose mediation over court

  • A neutral mediator guides the parties to their own agreement — nothing is imposed.
  • Kentucky family courts routinely refer cases to mediation before trial.
  • It's private, typically faster, and far less costly than litigation.
  • Works for divorce and custody, but also for estate and sibling disputes after a death.
  • Elizabeth founded Coordinating Compromise, LLC to do exactly this work.
Business transactions

Structuring a family or closely held business

  • Choosing the entity — LLC, corporation, partnership — and filing with the Kentucky Secretary of State.
  • Operating and shareholder agreements that say what happens on death, divorce, or disability of an owner.
  • Buy-sell agreements and succession plans that keep the business out of probate limbo.
  • Contracts, leases, and vendor agreements reviewed before you sign.
  • Kentucky business entities file an annual report by June 30 to stay in good standing.
Pre & postnuptial agreements

What makes an agreement enforceable in Kentucky

  • Kentucky courts enforce agreements that were entered voluntarily, with full financial disclosure, and that aren't unconscionable when enforced.
  • They can address property division and spousal maintenance — not child custody or support.
  • Kentucky divides marital property equitably, not equally; an agreement replaces that guesswork with your own terms.
  • Postnuptial agreements are recognized too — useful after an inheritance, a business launch, or a second marriage.
  • Each spouse should have independent counsel.
Guardianship, from every angle

It's rarely one situation. Here are the five we see most.

Guardianship removes rights, so Kentucky courts look for the least restrictive option first. Often the right answer is planning that avoids it altogether.

An aging parent

Memory loss, bills going unpaid, a scam that almost worked. If a power of attorney was signed earlier, guardianship may be avoidable; if not, a limited guardianship can be tailored to what's needed.

A child turning 18

Parents of a young adult with a significant disability lose legal authority on their 18th birthday. Planning ahead — limited guardianship, conservatorship, or less restrictive tools — keeps care uninterrupted.

Minor children

Most parents of children under 18 have no estate documents. Naming a guardian in your will — and a backup — is the single most important thing a parent can do in an estate plan.

An emergency

A sudden hospitalization or immediate risk of harm or exploitation. Kentucky allows an emergency appointment on an expedited basis while the full process runs.

Preparing for the jury

Because Kentucky uniquely puts disability before a six-person jury, families need the evaluations, witnesses, and paperwork in order. Having done this many times, we know what the court expects.

Have a question these guides didn't answer?

Every situation is different. A short conversation usually tells us which path fits.

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