Wills, Trusts, Estates (Probate) | Kentucky Court Report

WILLS (residuum, intestacy, charitable designation): Mackey v. Hinson (COA 12/4/2009)

by Michael Stevens | Mar 20, 2010 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

Mackey v. Hinson2008-CA-002328 12/04/2009 2009 WL 4406090 DR PendingOpinion by Judge Lambert; Judge Taylor and Senior Judge Henry concurred. The Court affirmed a summary judgment finding a will to be unambiguous and distributing...

TORTS : Goodman v. Goldberg & Simpson, P.S.C. (COA 10/16/2009)

by Michael Stevens | Dec 16, 2009 | COA Decisions, Extraordinary Remedies - Equity, Property, Wills, Trusts, Estates (Probate) | 0 |

Goodman v. Goldberg & Simpson, P.S.C.2008-CA-000921 10/16/09 2009 WL 3321024 Rehearing PendingOpinion by Senior Judge Harris; Judges Acree and Lambert concurred. The Court affirmed a summary judgment granted in favor of...

WILLS & ESTATES – Failure to join indispensable party, claim for funeral expenses: Rice v. Steele (C OA 9/18/2009)

by Michael Stevens | Nov 1, 2009 | Civil Procedure, COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

Rice v. Steele2008-CA-000308 9/18/09 2009 WL 2971596Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court dismissed appellant’s appeal from an order dismissing her claims against her mother’s estate...

WILLS & ESTATES – Illegitimates claim to father’s property barred by SOL: Combs v. Mullins (COA 9/18/2009)

by Michael Stevens | Nov 1, 2009 | COA Decisions, Defenses, Wills, Trusts, Estates (Probate) | 0 |

Combs v. Mullins2008-CA-000776 9/18/09 2009 WL 2971636 DR pendingOpinion by Judge Moore; Judge Lambert concurred; Judge VanMeter dissented by separate opinion. The Court affirmed an order of the circuit court dismissing...

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)

by Michael Stevens | Oct 11, 2009 | Extraordinary Remedies - Equity, Family Law, Divorce, Juveniles, Jurisdiction, SCOKY Decisions, Wills, Trusts, Estates (Probate) | 0 |

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...

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)

by Michael Stevens | Sep 23, 2009 | COA Decisions, Wills, Trusts, Estates (Probate), Workers Compensation | 0 |

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...

Wills – Holographic will, conditional will, extrinsic evidence: Fisher v. Gray (COA 7/2/2009)

by Michael Stevens | Sep 21, 2009 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

Fisher v. Gray2008-CA-000171 07/02/2009 2009 WL 1884425 DR PendingOpinion by Judge Keller; Judge Wine concurred; Senior Judge Lambert dissented by separate opinion. The Court affirmed a summary judgment of the circuit court...

Wills & Estates – contingent beneficiaries: Hammons v. Hammons (COA 2/13/2009)

by Michael Stevens | Feb 13, 2009 | COA Decisions, Property, Wills, Trusts, Estates (Probate) | 0 |

Hammons v. Hammons2007-CA-002312 02/13/2009 2009 WL 350663Opinion by Judge Lambert; Judge Taylor and Senior Judge Graves concurred. The Court affirmed a summary judgment, declaration of rights and order quieting title in favor...

Probate, will execution and undue influence in will contest: AMOS V. CLUBB (COA 10/3/2008)

by Michael Stevens | Dec 9, 2008 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

AMOS V. CLUBBPROBATE: Will Exection, Undue Influence Issue2007-CA-001181PUBLISHED: REVERSING AND REMANDINGPANEL: LAMBERT, JAMES PRESIDING; STUMBO, THOMPSON CONCUROLDHAM COUNTYDATE RENDERED: 10/3/2008This was a will...

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)

by Michael Stevens | Aug 18, 2008 | Civil Procedure, COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

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

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)

by Michael Stevens | Jun 8, 2008 | COA Decisions, Insurance, Wills, Trusts, Estates (Probate) | 0 |

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...

Failure to revive action within one year results in dismissal and attempt to amend complaint fails: FRANK v. THE ESTATE OFJOHN ENDERIE (COA 3/21/2008)

by Michael Stevens | Jun 5, 2008 | Civil Procedure, COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

FRANK v. THE ESTATE OF JOHN ENDERIECIVIL PROCEDURE: Failure to revive cause of action and no duty on defense counsel to open estate 2006-CA-001106 PUBLISHED: AFFIRMINGPANEL: NICKELL PRESIDING; CAPERTON,...

Will which excluded illegitimate children upheld: CAREY v. JAYNES (COA 3/21/2008)

by Michael Stevens | Jun 5, 2008 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

CAREY v. JAYNESPROBATE: Will which excluded illegitimate children upheld2007-CA-000148PUBLISHED: AFFIRMINGPANEL: COMBS PRESIDING; DIXON, KNOPF CONCURCOUNTY: MADISONDATE RENDERED: 4/10/2008 This case involved the...

Status of brokerage account on death – tenancy in common vs. joint account with right of survivorship and prenup: ESTATE OF CHARLES SPENCER V. SPENCER (COA 2/15/2008)

by Michael Stevens | Mar 23, 2008 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

ESTATE OF CHARLES SPENCER V. SPENCERESTATES: Status of brokerage account on death – tenancy in common vs. joint account with right of survivorship and prenup 2007-CA-000277PUBLISHED: REVERSING AND...

Probate jurisdiction dispute betweenc circuit and probate courts over adversary proceeding: HALE V. MOORE (COA 1/4/2008)

by Michael Stevens | Jan 27, 2008 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

HALE V. MOOREPROBATE: Adversary proceedings (district vs. circuit court jurisdiction issues); Fees for executrix and attorney (same person)2005-CA-001895TO BE PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING...

Probate Jurisdiction in District Court and guardian removal: HALL V. COYLE (COA 11/2/2007)

by Michael Stevens | Dec 2, 2007 | Civil Procedure, COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

HALL V. COYLEPROBATE: GUARDIANSHIP REMOVAL AND EXCLUSIVE JURISDICTION IN DISTRICT COURT 2007-CA-001441PUBLISHED; OPINION AND ORDER DENYPANEL: DIXON PRESIDING; TAYLOR, VANMETER CONCURCOUNTY: WASHINGTONDATE RENDERED:...

Constructive Knowedge of Will: BENNETT V . NICHOLAS (COA 9/7/2007)

by Michael Stevens | Oct 14, 2007 | Civil Procedure, COA Decisions, Insurance, Wills, Trusts, Estates (Probate) | 0 |

BENNETT V . NICHOLASTORTS: WRONGFUL DEATH ACTION PROBATE: CONSTRUCTIVE KNOWLEDGE OF WILL 2006-CA-001467PUBLISHED: REVERSING AND REMANDINGPANEL: HOWARD, PRESIDING; ACREE & LAMBERT CONCURCOUNTY: MCCRACKERDATE RENDERED:...

Workers Comp Black Lung Reopening: BOLIN ESTATE V. T&T MINING (SC 8/23/2007)

by Michael Stevens | Sep 17, 2007 | SCOKY Decisions, Wills, Trusts, Estates (Probate) | 0 |

BOLIN ESTATE V. T&T MININGWORKERS COMPENSATION: Reopening of Pneumoconiosis claim2006-SC-000787-WC.pdfPUBLISHED: AFFIRMING (OPINION OF THE COURT)FROM COURT OF APPEALSDATE RENDERED: 08/23/2007The Court affirmed the ALJ’s...

ESTATE EXPENSES & INTESTACY: SANDERS V. SMITH (COA 8/17/2007)

by Michael Stevens | Sep 11, 2007 | COA Decisions, Wills, Trusts, Estates (Probate) | 0 |

SANDERS V. SMITHWILLS, ESTATES, PROBATE: EXPENSES AND INTESTACY2006-CA-000444PUBLISHED: AFFIRMINGPANEL: PAISLEY PRESIDING; THOMPSON, VANMETER CONCURCOUNTY: PIKEDATE RENDERED: 8/17/2007 On appeal, Ellis and Sue...

ESTATE ATTORNEY FEES: ESTATE OF JEAN C. “FOX” DEMOISEY V. RIVER DOWNS INVESTMENT CO. (COA 8/10/07)

by Michael Stevens | Aug 28, 2007 | Wills, Trusts, Estates (Probate) | 0 |

ESTATE OF JEAN C. "FOX" DEMOISEY V. RIVER DOWNS INVESTMENT CO.PROBATE: PRESENTATION OF CLAIMS, VOID DEBTS, ATTORNEY FEES 2006-CA-001494PUBLISHED: REVERSINGPANEL: STUMBO PRESIDING; LAMBERT AND GUIDUGLI...

Category: Wills, Trusts, Estates (Probate)

WILLS (residuum, intestacy, charitable designation): Mackey v. Hinson (COA 12/4/2009)

TORTS : Goodman v. Goldberg & Simpson, P.S.C. (COA 10/16/2009)

WILLS & ESTATES – Failure to join indispensable party, claim for funeral expenses: Rice v. Steele (C OA 9/18/2009)

WILLS & ESTATES – Illegitimates claim to father’s property barred by SOL: Combs v. Mullins (COA 9/18/2009)

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)

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)

Wills – Holographic will, conditional will, extrinsic evidence: Fisher v. Gray (COA 7/2/2009)

Wills & Estates – contingent beneficiaries: Hammons v. Hammons (COA 2/13/2009)

Probate, will execution and undue influence in will contest: AMOS V. CLUBB (COA 10/3/2008)

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)

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)

Failure to revive action within one year results in dismissal and attempt to amend complaint fails: FRANK v. THE ESTATE OFJOHN ENDERIE (COA 3/21/2008)

Will which excluded illegitimate children upheld: CAREY v. JAYNES (COA 3/21/2008)

Status of brokerage account on death – tenancy in common vs. joint account with right of survivorship and prenup: ESTATE OF CHARLES SPENCER V. SPENCER (COA 2/15/2008)

Probate jurisdiction dispute betweenc circuit and probate courts over adversary proceeding: HALE V. MOORE (COA 1/4/2008)

Probate Jurisdiction in District Court and guardian removal: HALL V. COYLE (COA 11/2/2007)

Constructive Knowedge of Will: BENNETT V . NICHOLAS (COA 9/7/2007)

Workers Comp Black Lung Reopening: BOLIN ESTATE V. T&T MINING (SC 8/23/2007)

ESTATE EXPENSES & INTESTACY: SANDERS V. SMITH (COA 8/17/2007)

ESTATE ATTORNEY FEES: ESTATE OF JEAN C. “FOX” DEMOISEY V. RIVER DOWNS INVESTMENT CO. (COA 8/10/07)

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