Category: Wills, Trusts, Estates (Probate)

WRITS – Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)

William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) 2008-SC-000597-MR August 27, 2009 Opinion by Justice Venters. All sitting; all concur. Before the circuit court could...

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WORKERS COMP & ESTATES – n KRS 342.180 did not apply to money received by an estate when a worker died without dependents: Williams v. Farmers Stockyard, Inc. (COA 8/7/2009)

Williams v. Farmers Stockyard, Inc.2008-CA-000785 8/7/09 2009 WL 2408399Opinion by Judge Caperton; Senior Judge Buckingham concurred; Judge Stumbo dissented by separate opinion. On discretionary review, the Court affirmed a...

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Jury’s determination of testamentary capacity when voiding will was res judicata on capacity (but not on undue influence) for will executed 16 days earlier: ROTHWELL V. SINGLETON (COA 6/6/2008)

ROTHWELL V. SINGLETONWILLS AND ESTATES:  Testamentary capacity and res judicata 2007-CA-001348PUBLISHED:  REVERSING AND REMANDINGPANEL:  THOMPSON PRESIDING; KELLER, GRAVES CONCURLINCOLN COUNTYDATE RENDERED:...

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Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and not statutory beneficiaries: SMITH v. MCCURDY (COA 3/28/2008)

SMITH V. MCCURDYPROBATE: Wrongful death proceeds versus personal injury action and distribution of the proceeds; Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and...

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