You know you need a will. You've thought about it during quiet moments, after hearing about a friend's family struggling through probate, or when tucking your children into bed. But creating a will keeps getting pushed to the bottom of your to-do list.
The truth is, if you have anyone you care about or anything you want to protect, you need a will. At Skeeters, Bennett, Wilson & Humphrey, our Radcliff will lawyers make the process straightforward and stress-free. We help Central Kentucky families create wills that clearly express their wishes, protect their loved ones, and prevent unnecessary conflict and expense after they're gone.
What Is a Will and Why Do You Need One?
A will is a legal document that specifies how you want your probate assets distributed after your death and who you nominate to care for your minor children. Probate is the court-supervised process of settling a deceased person's estate, including validating the will, paying debts, and distributing property.
In Radcliff and throughout Central Kentucky, a properly executed will gives you control over who receives your probate assets, who serves as your executor, and who you nominate as guardian for minor children, rather than leaving these critical decisions to Kentucky's default intestacy laws.
A will primarily controls assets that pass through probate. Some assets transfer outside probate through beneficiary designations, payable-on-death accounts, transfer-on-death registrations, or joint ownership with survivorship rights. It's important to understand that a will generally does not override valid beneficiary designations or joint ownership arrangements, so keeping all of these updated is essential to ensure your estate plan works as intended.
Without a will, Kentucky's intestacy laws make these decisions for you, and the results may not align with your wishes.
Who Can Make a Valid Will in Kentucky?
To make a valid will in Kentucky, you generally must be at least 18 years old, though a parent under 18 may make a will to appoint a guardian for their child. You must also be of sound mind.
Kentucky courts generally determine whether you're of sound mind by examining whether you know the natural objects of your bounty (your family and others you might want to benefit), understand your obligations to them, know the general character and value of your estate, and can form a plan to dispose of it according to a fixed purpose.
Our Kentucky will lawyers ensure you understand each provision in your will before you sign, creating a record that demonstrates your capacity and intent.
Essential Elements Your Will Should Include
Every will should name an executor. This person is responsible for managing your estate through probate. They will pay your debts, file necessary tax returns, and distribute your assets according to your instructions. Choose someone organized, trustworthy, and willing to take on this responsibility.
If you have minor children, your will should nominate guardians to care for them if both parents die. While the court makes the final appointment based on the child's best interests, your nomination carries significant weight and helps guide the court's decision.
Your will should also specify who receives your probate property. You can leave specific items to particular people. You can also divide your remaining assets by percentages among your beneficiaries. Our Kentucky will lawyers help clients think through these decisions, considering Kentucky inheritance tax implications, family dynamics, and long-term goals.
What Happens When You Die Without a Will in Kentucky
Dying without a will means dying "intestate" in legal terms. When this happens in Radcliff, Kentucky state law determines who inherits your property through a rigid formula that may not reflect your actual wishes. The District Court probate process appoints an administrator to handle your estate, and this person may not be someone you would have chosen.
Intestate succession can be especially complicated for real estate because of the state's dower and curtesy laws. When someone dies intestate, Kentucky law gives a surviving spouse a one-half interest in surplus real estate, plus a life estate in one-third of certain real property. For personal property, the surviving spouse receives an absolute estate in one-half of the surplus. The remaining property passes to children or other descendants according to Kentucky's intestacy statute.
If you have minor children and no will, the court appoints a guardian without the benefit of knowing your preferences. If you do have a will, your nomination helps guide the court's decision. These appointments happen during an already traumatic time for your family.
Property distribution without a will can also take longer and cost more. Depending on the circumstances, the administrator may need to post a bond to protect the estate. Family members may disagree about who should receive certain items, leading to disputes that strain relationships when families should be supporting each other.
Why You Shouldn't Draft Your Will Yourself
Online will templates and do-it-yourself software seem convenient and inexpensive, but they come with serious risks. Kentucky has specific requirements for valid wills.
Most wills must be signed by you and witnessed by at least two credible witnesses, who sign in the presence of the testator and in the presence of each other. Best practice is for everyone to sign together at the same time. If your will is wholly written by the testator in the testator's own handwriting and signed, what Kentucky law calls a "holographic" will, the witness requirement does not apply.
Many people confuse notarization with validity. Notarization is not required for a will to be valid in Kentucky. However, a self-proving affidavit executed before an officer authorized to administer oaths (commonly a notary public) can streamline the probate process by allowing the court to accept the will without requiring witnesses to testify.
What Makes a Will Invalid in Kentucky?
Wills can be challenged and invalidated for several reasons:
- Lack of testamentary capacity. If you weren't of sound mind when you signed the will, it may be invalid.
- Improper execution. Failing to follow Kentucky's signing and witness requirements can invalidate your will entirely.
- Undue influence. If someone coerced or manipulated you into making or changing your will, those provisions may be set aside.
- Fraud or forgery. A will signed under false pretenses or with a forged signature is invalid.
- Later revocation. A newer will or properly executed revocation document invalidates earlier wills.
- Ambiguity or unclear language. Unclear provisions can trigger court interpretation or cause a gift to fail.
Generic templates can't account for your unique situation. Do you own property in multiple states? Do you want to create trusts for young children or family members with special needs? Have you been married more than once? Do you need to plan for Kentucky inheritance tax? An Elizabethtown estate planning attorney considers these details and drafts a will that addresses your specific circumstances.
Take the First Step Today
You've worked hard to build a life and accumulate assets for your family. Don't leave their future to chance or to Kentucky's intestacy laws. Our experienced Radcliff estate planning attorneys help Central Kentucky families create wills that protect what matters most while addressing Kentucky's unique inheritance tax and property laws.
Contact Skeeters, Bennett, Wilson & Humphrey today to schedule a consultation and learn how we can help you plan for your family's future with confidence and peace of mind.