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Invalidating living wills

See the booklet Guide to Basic Kentucky Probate Procedures [PDF file] concerning probate of a Last Will and Testament.If you are not provided for in the Will of a family member or a close friend, you may want to consider challenging, or contesting, the validity of the Will.

Below are some examples of how your property will be given away if you die without a will. However, if you do not own any property or do not care how your property is given away after you die, you may not need a will. Any person who is of sound mind and at least eighteen (18) years old can write a will.You will need to complete the Small Estate Claim Form (also called an Affidavit for Transfer of Personal Property), and then give this to the person or company that has the property you want.For example, if your parent died and she had a bank account in her name, you can give the Affidavit for Transfer of Personal Property to the bank and the bank should give you the money in the bank account.While there are many different types of trusts, the most common is the living trust.This is a trust created during a person's life, rather than one created in a will. In order to establish a trust, Kentucky law requires that a person be over the age of 18 and be of sound mind. The trust document must state what the person wants to include in the trust, who the trustee will be, who will be named as beneficiaries, what the beneficiaries are to receive under the trust and in what manner, and that the trust is being established for a lawful purpose.

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If it has been probated, you must make a motion in court for the return of the , with the registrar to prevent it from being probated until your issues have been dealt with.

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