Kentucky Q&A by Practice Area

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Kentucky Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it wrong to hire a different attorney if mine is too busy for me?

I have hired an attorney for the past few months to handle my case but honestly I don’t feel like he prioritizes my case and my court dates. He doesn’t show up to most of them and they end up always getting rescheduled. I asked him to file a motion for something time sensitive and he said he... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 11, 2021

The attorney -client relationship can be ended by either the attorney or the client. With that said it’s better to have a frank discussion with your attorney and tell them your expectations and if they can’t meet those you should hire someone that can. I think most attorneys would agree... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
Leland Hulbert answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

1 Answer | Asked in Copyright and Education Law for Kentucky on
Q: Can I scan a book and share with my students virtually?

I'm an educator, and I have purchased a class set of books for the year. Due to COVID, we had to go virtual. Am I able to scan the book and share exclusively with my class? There is no digital copy for purchase.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 10, 2021

Ask the publisher

They may be able to grant you a license, or offer a cheap royalty

1 Answer | Asked in Probate for Kentucky on
Q: My wife's grandmother passed leaving her truck to my wife. Can I go do the probate for my wife or is she required to

There is a will

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Most likely the will has to be probated and the executor can then sign the truck over to your wife.

1 Answer | Asked in Child Support for Kentucky on
Q: Decertified from Federal Intercept meaning ?

Arrears was $830 now it says 0.00 as of August.

Timothy Denison
Timothy Denison answered on Aug 7, 2021

It means they will no longer be intercepting you funds. Your balance is zero.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: What do you do if the mother of your child is withholding your child from you with nothing in place?
Timothy Denison
Timothy Denison answered on Aug 7, 2021

File a custody action to establish parenting time.

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 7, 2021

There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear... Read more »

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: My boyfriend is in jail for violation of a epo it’s been dropped it’s says not being held on this charge what’s going on

The epo has been dropped the day after he went to jail and it says he’s not being held on this charge but yet in another section says it’s pending that’s all he was charged with was the violation and he has no court date

Timothy Denison
Timothy Denison answered on Aug 5, 2021

The violation of an epo charge is a criminal charge. Even if the civil epo case was dropped, that does not mean the criminal violation of an epo charge has been dismissed.

1 Answer | Asked in Estate Planning and Contracts for Kentucky on
Q: Do I have to pay off loans or credit cards for my deceased Mom? She had no estate and $10,000 in life insurance.

When she passed I notified a loan company and credit cards, sent death certificates and was told they'd be forgiven. But now I'm getting calls and letters from them saying that they weren't forgiven and need to be paid. Since she only had a small insurance amount and the bills... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

Don’t pay anything else. Lithe insurance money is yours and passes outside the estate. If she had nothing, there is nothing to pay them with and you are in no way liable for any of her debts.

1 Answer | Asked in Consumer Law and Small Claims for Kentucky on
Q: Took car to get worked on, the shop let it get towed, now it's been junked from impound lot. Like to take legal action.

Have the owner on video saying he'd get it or multiple times and he never did, now he wants to make payments to me but I don't believe him.

Timothy Denison
Timothy Denison answered on Aug 5, 2021

You’ll need to file suit against the shop snd owner.

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Rights for Kentucky on
Q: Can I sue seller of land contract for my equity in my home ; Foreclosure filed

Purchase price. $132182

Cash down. $43082

Payments $23160

Appliances $ 3850

Balance. $65940. TOTAL EQUITY

Seller started Foreclosure suing me $11000

Non compliance House Insurance

Non... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

The claim against the seller belongs to your trustee in bankruptcy.

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1 Answer | Asked in Divorce for Kentucky on
Q: If my husband files first and I don't want the divorce can I ask him to pay my attorney fee
Anna Aleksander
Anna Aleksander answered on Aug 4, 2021

No, it is not based on who files first in Kentucky, but rather on the parties' relative financial circumstances. The court may also consider other factors.

Q: I'm a independent contractor for the company doordash. If they have breach their contract with me can there be a lawsuit

Every month they assign "dashers" a premium service called "top dasher" if you meet all their requirements by the end of the month. I've met all of there requirements for 15 months, and this month, they refused to give me this service. This service entitles dashers more... Read more »

Timothy Denison
Timothy Denison answered on Aug 4, 2021

Theoretically, there could be a lawsuit. However, it would cost more in money, time and trouble than you could ever hope to recover.

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: Who owes me money? My former employer or my bank?

My former employer gave me a paper check that I deposited into my primary bank. I was told by the bank that the check was bad. They told me I didn't have to pay the fees for it, but that I was going to have my account closed.

I let my employer know and they gave me the okay to... Read more »

Timothy Denison
Timothy Denison answered on Aug 3, 2021

Sue them both.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If you been in jail 60 days an you have not been indicted an a motion for your release has been filed how long can they

Hold you before you get out ofter a motion for failure to indict is filed

Timothy Denison
Timothy Denison answered on Aug 3, 2021

Until the judge signs the order, which is usually within a day or two.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Contracts and Libel & Slander for Kentucky on
Q: My partners landlord added my name to his lease without my permission or app. And added me to an eviction.

She lied in court saying that we added my name to the lease. When we obtained the copy with my name on there from the leasing office. We were advised by county clerk and prosecutor to pursue legal action. Do I have a case? I don't know who to talk to.

Timothy Denison
Timothy Denison answered on Aug 3, 2021

You will need to consult a civil attorney to consider litigation.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: I lost custody of my 2 boys and my parents have had them. I went and completed 1 year long rehab.

What steps do I need to take to get visitation and leading into custody back. I have a job and a house doing great and they are ready. I’m in Kentucky. My mom is afraid to let them go anywhere with me because of social services like she doesn’t know if they are able to with her permission

Timothy Denison
Timothy Denison answered on Aug 3, 2021

File a motion for visitation with the court.

1 Answer | Asked in Child Support for Kentucky on
Q: I haven't been allowed by the childs mother to see my children in 8 years in Kentucky she won't let me can it be dropped

I've tried but she finds a way to deny it like getting a epo when I haven't even seen her in 8 years just to prevent visitation

Timothy Denison
Timothy Denison answered on Aug 3, 2021

Yes. You need to file a motion with the court.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I legally ask someone to get a drug test before seeing their kids. I f they were on drugs before.
Timothy Denison
Timothy Denison answered on Aug 3, 2021

Yes, you can ask but it is ultimately up to the court.

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got pulled over 70 in a 55mph zone. Model of the car on ticket isnt right can that be grounds for an automatic dismiss

Street address was wrong on ticket as well. Year and make and color of car was right just not the model Happened in spencer co ky.

Timothy Denison
Timothy Denison answered on Aug 2, 2021

No. Sorry.

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