Making Sense of the Documents in Your Estate Plan
Last Will & Testament
A Last Will and Testament states how your probate assets will be distributed after your death. It only becomes legally effective upon your passing, and may be amended or revoked during your lifetime as long as you retain legal capacity.
Types of Wills:
Individual Will: Prepared for a single person without a related trust.
Reciprocal Wills: Mirror-image wills typically used by spouses or partners. Kentucky law (KRS 394.540(1)) governs contractual enforceability.
Pour-Over Will: Directs probate assets into a trust for further administration.
Contingent Trusts in Wills
Most wills prepared by this office include:
Minor’s Trust: For any beneficiary under 18 at your death.
Contingent Special Needs Trust: For any beneficiary with a disability or receiving government benefits at your death.
These trusts protect vulnerable beneficiaries from losing access to means-tested benefits and allow you—not the government—to choose remainder beneficiaries.
Non-Probate Assets
Bank accounts, retirement plans, insurance policies, and real estate may pass by beneficiary designation or title. These assets are not controlled by your will. Always consult us before naming your estate as a beneficiary.
Trusts
A trust is a legal arrangement where a trustee holds property for a beneficiary.
Types:
Revocable Trusts: Can be amended or revoked by the grantor if competent.
Irrevocable Trusts: Cannot be changed after signing, except by a trust protector or as allowed under KRS Chapter 386B.
Purpose-Based Trusts:
Asset protection
Special needs planning
Medicaid or VA qualification
Tax planning
Note: Probate avoidance is rarely necessary in Kentucky due to streamlined local court procedures. Always discuss your true goals before creating a trust.
Proper Trust Administration is key—grantors and trustees must understand the trust’s terms and legal obligations.
Powers of Attorney
A Power of Attorney authorizes an agent to act on your behalf.
Types:
Durable POA: Effective immediately and continues unless revoked.
Springing POA: Requires proof of incapacity; disfavored due to medical documentation challenges.
General vs. Specific: General grants broad authority; specific is limited to defined tasks or time periods.
Medical Directives
Health Care POA: Appoints someone to make health care decisions for you.
Mental Health POA: Required by KRS 202A.430; governs psychiatric treatment decisions.
Living Will & DNR: Kentucky requires statutory forms. We include these in every estate plan. The Living Will applies in institutional care only. DNR orders require coordination with your physician and must be physically presented to first responders.
Medical Orders for Scope of Treatment (MOST): For those near end of life, developed with a physician. We can advise on integration with your other documents.
HIPAA Authorization: Grants access to your health records to designated individuals. We provide a generic form for use with new providers.
Funeral & Burial Instructions
We recommend:
Meeting with a funeral home to arrange a Medicaid-compliant prepaid plan
Completing a Funeral Planning Declaration (required by Kentucky law) to designate who may control the disposition of your remains
Even if you prepay, you must formally designate the person responsible for your remains. This ensures your wishes—burial, cremation, or otherwise—are followed.
