Wills, estates and probate
Wills, done right the first time.
A will is the one document nearly every adult should have and most do not. It names who raises your children, who settles your affairs and who receives what you leave. Justin prepares Kentucky wills that are clear, properly executed and built to hold up.
What a will does, and what happens without one.
A will lets you choose your executor, name a guardian for minor children, leave specific items to specific people and decide how the rest is divided. Without one, Kentucky's intestacy statutes decide. Those rules divide property among a spouse, children, parents and siblings in fixed shares that surprise most families: a surviving spouse, for example, does not automatically receive everything. A will replaces that formula with your own choices.
Kentucky requirements
To make a valid will in Kentucky you must be at least 18 and of sound mind. The will must be in writing and signed by you, with two witnesses who sign in your presence. Kentucky also recognizes a holographic will written entirely in the testator's own handwriting, but those are a frequent source of litigation and Justin does not recommend relying on one. Every will Gooch Law prepares is executed with a self-proving affidavit so the witnesses never have to be located when the will is offered for probate.
Fill-in-the-blank wills from the internet fail for predictable reasons: wrong witnessing, ambiguous language, assets that were never actually covered, no residuary clause. Fixing those problems after a death costs a family far more than a properly drafted will ever would.
What Justin covers in a will
- Executor (called a personal representative in Kentucky) and an alternate, and whether they must post a bond.
- Guardian for minor children, and a conservator for any money they inherit.
- Specific bequests of property, heirlooms and sums, and what happens if a beneficiary dies first.
- The residuary estate, which is everything else, and how it is divided.
- Trust provisions where a beneficiary is young, disabled or not ready to manage a lump sum.
- Digital assets, pets and personal wishes that a generic form never mentions.
Blended families and second marriages
The most common estate disputes Justin sees involve a second spouse and children from a first marriage, each assuming the other would be provided for. A will that addresses those relationships directly, sometimes with a trust, prevents a court fight later. Kentucky also gives a surviving spouse certain rights that a will cannot take away, and the plan needs to account for them.
Keeping it current
Marriage, divorce, births, deaths and moves all affect a will. Divorce, for instance, revokes provisions in favor of a former spouse under Kentucky law, but it does not fix the rest of the document. Justin recommends a review every few years or after any major life change, and prepares codicils or new wills as needed.
Fees
Wills are prepared for a flat fee quoted before any work begins. Most clients pair a will with a power of attorney and healthcare directives; see estate planning for the full set.
Common questions
Wills: what people ask first.
Does a will avoid probate?
No. A will directs probate; it does not avoid it. Assets with beneficiary designations, jointly owned property and assets in a trust pass outside probate. A will covers everything else, which is why nearly everyone needs one even with other planning.
Can I write my own will?
Kentucky allows it, including a will entirely in your handwriting. But self-drafted wills are a leading cause of estate litigation, and the savings are small compared with the cost of a contest. A will is not the place to economize.
Where should I keep my will?
Somewhere safe that your executor knows about and can access without a court order. A locked home file or an attorney's file is common. A safe deposit box in only your name can be hard to open after death.
How often should I update it?
After any marriage, divorce, birth, death, major purchase or move, and otherwise every few years. Justin keeps a copy on file and can prepare a codicil or a new will quickly.
Ready to put a plan in place, or settle an estate?
One conversation with Justin will tell you what your family actually needs. The first one is free.