FAQ

  • Do I really need an estate plan if I don’t have a large estate?

    Yes. Estate planning is about more than money—it’s about protecting your loved ones, naming decision-makers, and ensuring your wishes are honored. Even with modest assets, a plan can prevent confusion, conflict, and unnecessary expense.

  • What documents should every adult have in Kentucky?

    At a minimum, a will, a durable power of attorney, a health care power of attorney, a HIPAA waiver, a Kentucky living will, and a funeral and burial declaration.

  • What’s the difference between a will and a trust?

    A will outlines who will inherit your property and who will manage your estate after you pass. A trust can do that too, but it can also avoid probate, provide for management during your lifetime, and offer greater privacy and flexibility.

  • Do all of my assets pass under the terms of my will?

    No. Your will controls only assets in your name alone without a beneficiary designation. These often include solely owned real estate, certain bank or investment accounts, and personal property.

    Assets that bypass your will include property in a trust, jointly owned assets with survivorship rights, accounts or policies with named beneficiaries, and POD/TOD accounts. Coordinating titles, beneficiary designations, and your estate plan ensures everything passes the way you intend.

  • How often should I update my estate plan?

    Review your plan every 3–5 years, or sooner if you have major life changes—such as marriage, divorce, a new child or grandchild, a significant move, or a change in assets.

  • Why should I work with an attorney instead of using online forms?

    Online forms can’t account for Kentucky’s specific laws, your family dynamics, or your personal goals. Our role is to craft a plan that fits you—blending proven strategies with the flexibility to adapt over time.

  • How can I pay for long-term care without losing everything I’ve worked for?

    With proper planning, you may be able to protect assets and still qualify for benefits like Medicaid or Veterans Aid & Attendance. Tools such as Medicaid Asset Protection Trusts (MAPTs) or Veterans Asset Protection Trusts (VAPTs) can be key—if set up well in advance.

  • Is it too late to plan if my loved one is already in a nursing home?

    Not necessarily. Even in a crisis, we can often preserve some assets and help you access benefits. The sooner you act, the more options you have.

  • How can I leave money to a loved one with special needs without affecting their benefits?

    A properly drafted Special Needs Trust can hold assets for their benefit without jeopardizing eligibility for SSI, Medicaid, and other programs.

  • Can a family member serve as trustee of a special needs trust?

    Yes, but it’s important to understand the responsibilities involved. Sometimes a professional trustee or co-trustee arrangement works best.

  • What is probate, and when is it required in Kentucky?

    Probate is the court process for settling a person’s estate—paying debts, gathering assets, and distributing property. In Kentucky, probate is generally required if the decedent owned assets in their name alone without a joint owner or beneficiary designation.

  • How long does probate take in Kentucky?

    Most estates take at least 6–12 months to complete, even if there are no disputes. This allows time for creditors to file claims and for the personal representative to gather, value, and distribute assets. Complex estates may take longer.