Cooper & Cooper Law Offices, PLLCCooper & Cooper Law Offices, PLLC2026-09-24T07:43:58Zhttps://www.cooperandcooperlawpllc.com/feed/atom/WordPress/wp-content/uploads/sites/1404740/2025/05/cropped-CooperandCooper-site-icon-32x32.pngOn Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[Can you avoid probate? Options to consider]]>https://www.cooperandcooperlawpllc.com/?p=500472026-09-24T07:43:58Z2026-09-24T07:43:58ZProbate takes time, involves court filings and creates additional work for your loved ones after you die. It’s understandable why some people wonder whether they can avoid probate altogether.
Fortunately, some assets can pass to your loved ones without going through probate. The key is knowing which assets are subject to probate and choosing the right estate-planning tools for your circumstances.
What is probate?
Probate is the legal process of managing a person’s estate after their death. It involves identifying and valuing assets, paying final expenses and creditors, filing final taxes and distributing the remaining assets to heirs or beneficiaries. Depending on the size and complexity of the estate, probate can take several months until the final report is filed.Several estate-planning strategies are available to allow particular assets to pass outside probate:
A revocable living trust, which allows you to transfer ownership of certain assets to the trust while you’re alive. You continue to manage those assets during your lifetime, and after your death, the successor trustee distributes the property according to the trust’s specifications.
Joint ownership with rights of survivorship is often used with financial accounts. When one account holder dies, the funds pass to the surviving account holder rather than becoming part of the deceased person’s estate.
Naming beneficiaries on insurance policies, retirement plans and other investments allows the funds to bypass probate and be paid directly to them.
Payable-on-death accounts are different from joint ownership accounts. During your lifetime, you typically retain control of the money. After your death, the designated beneficiary receives the funds according to the account’s terms.
Lawmakers have proposed atransfer-on-death deed law for real estate, but it hasn’t passed. As a result, transfer-on-death is still not an option for Kentucky residents looking to bypass probate.No one-size-fits-all strategy exists foravoiding probate. Therefore, working with a legal professional is essential to creating an estate plan that fits your circumstances.]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[When are estate taxes due during the probate process?]]>https://www.cooperandcooperlawpllc.com/?p=500422026-09-04T05:31:17Z2026-09-04T05:31:17ZSizable estates may owe estate taxes
There are both state and federal taxes that can come into play during estate administration. Personal representatives often file a final income tax return on behalf of the person who died. If they sell estate property, they may need to file an estate income tax return as well.
If an estate is worth millions of dollars, then federal estate taxes may also be due. Under current rules, estates must be worth $15 million dollars or more for federal estate taxes to apply.
There are no state-level estate taxes in Kentucky. However, individual beneficiaries may be responsible for inheritance taxes in some circumstances. Personal representatives may need to review estate finances carefully to determine what taxes they may need to address.
Retaining a probate lawyer makes it easier for personal representatives to understand their legal responsibilities. Professional guidance reduces the likelihood of mistakes, such as overlooking taxes and other obligations, that could trigger direct liability for a personal representative.]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[When can a landlord enter a tenant’s rental unit?]]>https://www.cooperandcooperlawpllc.com/?p=500152026-09-03T14:33:01Z2026-09-03T14:33:01ZYou own a rental in Elizabethtown and a repair is overdue. You want to fix it, but your tenant stops answering the phone. Can you just let yourself in? Entry sounds simple until a tenant pushes back, and in Kentucky the answer depends more on your lease than you might expect. This is when you can enter, when you must wait and how to set up access so it never turns into a fight.
Lawful reasons for entering an occupied rental unit
A lease gives your tenant the right to possess the property, so you cannot come and go as you please. You retain the right to enter for specific, legitimate reasons. Those usually include inspecting the unit, making necessary or agreed-upon repairs, supplying services you promised and showing the space to prospective buyers, renters or contractors. A tenant cannot unreasonably refuse access for reasons like these. You just cannot treat the place as yours and drop by whenever you like.Local requirements become especially important here. Kentucky adopted the Uniform Residential Landlord and Tenant Act, but it binds only landlords in cities and counties that opted in, such as Louisville and Lexington. Hardin and Larue counties have not, so no state statute sets your notice window by default.Where the act applies, the state's access statute requires at least two days' notice before a routine visit, entry only at reasonable hours and no using access to harass. That rule does not bind you here, but making two days' written notice your standard is smart and easy to add to any lease.
Emergency access without advance tenant consent
Emergencies are the clear exception to any notice rule. If a pipe bursts, you smell gas or a fire breaks out, you can enter right away to protect people and property, no notice needed. The catch is that the emergency must be real. Using a vague safety worry to check on a tenant you distrust can slide into harassment, and that weakens the goodwill and legal footing you want.
Tenant refusal and limits on landlord access
Tenants do sometimes say no, even to a fair request. A tenant cannot unreasonably withhold consent once you give proper notice and have a legitimate reason, but you cannot force your way in. Changing the locks, shutting off utilities or entering over and over to pressure someone are not legal shortcuts, and they can expose you to liability.When a tenant keeps blocking lawful access, the answer is documentation and, if needed, a court order, not a showdown at the door. Standoffs like these often signal deeper landlord and tenant disputes, which are easier to resolve early than after they harden.
A consistent process for future access
The landlords who avoid these headaches set the rules before a problem arises. Since Kentucky leaves most entry rights here to your lease, that document is your strongest tool. Spell out how much notice you will give, which hours count as reasonable, how you will deliver it and the exact situations that allow entry. Put it in writing now and apply it consistently. Then the next repair becomes a scheduling detail instead of a standoff.]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[As a landlord, can you enter a tenant’s property?]]>https://www.cooperandcooperlawpllc.com/?p=500132026-08-21T09:23:12Z2026-08-21T09:23:12ZYes, a landlord in Kentucky can often enter a tenant’s property. They may need to do so for the purpose of making repairs or doing standard upkeep and maintenance, for example. The landlord may also need to let contractors or workers into the property, or even show that property to other prospective renters.
As a general rule, landlords should not abuse this right, and they do need to get consent from the tenant in advance. This typically means giving them two days’ notice, at minimum.For instance, if the landlord needs to enter the property because the kitchen sink is not working correctly, and they are bringing in a plumber to fix it, they need to talk with the tenant before doing so. They should give them advance notice and get consent from the tenant so that everyone is on the same page. In the vast majority of cases, this all goes smoothly as long as there is communication between both parties.
Are there any exceptions?
There are sometimes exceptions to the rule about giving advance notice. One example could be if there is a court order saying that the landlord can enter. Another is if the landlord believes that the tenant has abandoned the property and will not return.Furthermore, a landlord can sometimes enter the property without advance notice if there is a qualifying emergency. Say that there is a fire or a gas leak in an apartment, for example. To protect their property and other people in the building, the landlord may need to enter immediately to address the issue.Communication is critical, as noted above, and issues regarding access can sometimes lead to disputes between tenants and landlords. Those involved need to know exactly what legal steps to take.
]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[What if your beneficiary dies before you?]]>https://www.cooperandcooperlawpllc.com/?p=500102026-08-10T09:20:24Z2026-08-10T09:20:24ZMany people name beneficiaries and assume those choices will never need to change. But life doesn't always go as planned. A beneficiary may pass away before the person who created the estate plan. When that happens, families often wonder who will receive the property and whether the original plan still works.
Why this can change your estate plan
A beneficiary is the person chosen to receive property after your death. If that person dies before you, and you do not update your estate plan, the outcome depends on the type of asset and the terms of your documents. Some assets may pass to another named beneficiary, while others may become part of your probate estate.Under Kentucky law, the result may also depend on your relationship to the deceased beneficiary and whether your will includes backup instructions. This makes it important to review your plan after major life events. Understanding the possible outcomes helps explain why regular updates matter.
What may happen next
If a named beneficiary dies before you, one of the following outcomes may apply:
A contingent, or backup, beneficiary receives the asset if one is listed.
The terms of your will or trust may direct who inherits instead.
Certain gifts to close family members may pass to that person's descendants under Kentucky law rather than fail completely.
If no alternate beneficiary applies, the asset may become part of your probate estate and follow the remaining terms of your estate plan.
These possibilities show why keeping beneficiary designations current is important.
Review your plan regularly
Beneficiary designations on life insurance policies, retirement accounts and other financial assets often operate separately from a will. Federal law may also govern some retirement accounts, making it important to understand how those designations work alongside your estate plan. Reviewing these documents after a death in the family, a marriage, a divorce or the birth of a child can help prevent unintended results. Taking the time to review your plan now can reduce uncertainty later.Planning ahead helps your wishes stay clear even when life changes. Reviewing beneficiary designations on a regular basis can help avoid confusion and support a smoother transfer of assets. Consider reaching out to a legal professional for advice.]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[What happens if business partners never signed an agreement?]]>https://www.cooperandcooperlawpllc.com/?p=500022026-08-04T07:11:12Z2026-08-04T07:11:11ZDefault legal rules often control the business
When owners skip a written agreement, state law usually supplies the missing terms. Your business structure matters because different statutes can guide ownership, control and disputes. That often leads to outcomes that surprise most entrepreneurs.
Several consequences may follow:
Ownership interests are often treated equally: Unless another arrangement applies, partners generally share profits, losses and financial duties in equal parts. This can happen even when one person gives more money or labor.
Management authority is usually shared: Each owner usually has a voice in running the company. Routine matters can move forward by majority vote, while major changes generally need full agreement.
Disputes may become harder to resolve: Without buyout terms or tie-breaking steps, conflict can stop key decisions. It may also disrupt daily work.
An exit can be messy: If no plan explains what happens when an owner leaves, one person’s withdrawal can lead to dissolution or court involvement. The business may then need to wind up and divide assets.
These outcomes can matter most when owners disagree about control or duties. In Kentucky, if partners do not address an issue in a written agreement, the state's default partnership rules generally govern their rights and responsibilities.
Why planning ahead can protect the business
A written agreement may help owners set clear expectations before conflict starts. For example, two friends might open a home renovation company and assume the person who invested more money gets more control. Without written terms, both owners could still have equal management rights.
That outcome shows how informal expectations and legal requirements do not always align. Legal guidance may help you identify which laws apply to your business structure. You can then decide whether a written agreement better reflects your roles, decision-making process and long-term goals.]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[2 assets that may skip probate]]>https://www.cooperandcooperlawpllc.com/?p=500062026-07-24T11:56:46Z2026-07-24T11:56:46ZMany assets that a person owns have to go through probate after they pass away. This is the official process of distributing those assets, paying back creditors and taking other important steps.
That said, there are some assets that may skip probate entirely. It all depends on what type of assets a person owns and what steps they have taken when creating an estate plan.
1. A payable-on-death account
One example is known as a payable-on-death account. This is a financial account that has been set up with a beneficiary designation. Upon the death of the account owner, the beneficiary takes over, meaning that this account will bypass probate.There are some advantages to this. Namely, a person may have access to a POD account relatively quickly, even if the rest of the probate process takes months.
2. A life insurance policy
Similarly, when someone buys a life insurance policy, they should also choose a beneficiary. When they pass away, the life insurance provider pays the beneficiary directly. The money does not have to go through probate because it never enters the deceased person's estate.There are some exceptions to this rule. Say that someone chooses a beneficiary who passes away before them, and they never update the designation. In that case, the life insurance policy may pay out into their estate, and then it goes through probate with everything else.Understanding the types of assets that are being passed down is important during probate, and every case will be unique. It is crucial that those involved understand exactly what legal rights they have.
]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[Incorporating a special needs trust into an estate plan]]>https://www.cooperandcooperlawpllc.com/?p=499992026-07-10T12:16:32Z2026-07-10T12:16:32ZMany people with special needs count on government assistance programs. These can include things like Medicaid or Social Security.
But when they apply for these benefits, there are restrictions placed upon them based on their income and assets. They essentially have to pass a means test. If they have too many assets or their income level is too high, they are not going to qualify.This can sometimes be problematic when an elderly individual passes away and leaves that beneficiary an inheritance in their will. If the inheritance is large enough, it could raise their asset level so high that they are disqualified from the benefits they need. This often means that they first have to spend the inheritance down and then reapply.
A special needs trust does not count
The advantage of putting the inheritance into a special needs trust, instead of leaving it directly in a will, is that it does not count toward the person's personal assets. Instead, it is the trust that owns the assets, so the money in that trust does not count toward the beneficiary's total net worth.Ideally, a special needs trust also allows the trustee to make decisions about how to use the funds. They can consider what areas are covered by government benefits, for example, and then use the funds from the trust to help the beneficiary address other costs that may not be covered.In other words, careful planning can help an inheritance go a long way without the unintended consequence of disqualifying someone from the benefits they need. If you are drafting an estate plan, make sure you know exactly what legal options you have at this time.
]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[Do you need both a healthcare POA and a living will?]]>https://www.cooperandcooperlawpllc.com/?p=499942026-07-06T08:32:06Z2026-07-06T08:32:06ZDo you need both a healthcare POA and a living will?
If you have ever wondered whether you need a healthcare power of attorney or a living will, the short answer is: both. They do different things, and understanding what each part does can help you make the right decisions for yourself and your family.
What a healthcare POA does
A healthcare POA, known in Kentucky as a Designation of Health Care Surrogate, lets you name someone to make medical decisions on your behalf if you become unable to make them yourself. That could be from a sudden accident, a medical emergency or a condition that leaves you incapacitated.
Your surrogate can talk to doctors, review your medical records and consent to or refuse treatment on your behalf. Without this designation, Kentucky law has a default list of family members who can step in, but disagreements over who should lead may turn into costly legal battles.
What a living will does
A living will is different. Instead of naming someone to make decisions, it spells out your wishes directly. It tells your doctors what you want or do not want if you are in a situation where you cannot communicate and there is no reasonable expectation of recovery.
In Kentucky, that includes whether you want life-prolonging treatment, ventilators or artificial nutrition and hydration continued or withdrawn. Think of it as your voice in the room when you cannot be there yourself.
Why you need both
A living will cannot cover every situation, and no document can anticipate every scenario a doctor might face. That is where your surrogate comes in. At the same time, a surrogate without a living will is making decisions without clear guidance from you. Having both gives you the most complete protection.
How it works in Kentucky
In Kentucky, your healthcare surrogate designation and your treatment wishes are combined into a single form under the Kentucky Living Will Directive Act. You need to sign this document in front of two adult witnesses or a notary. Certain people cannot serve as witnesses, including relatives, heirs, your attending physician and employees of your healthcare facility.
Since there is no statewide registry in Kentucky, keeping a copy with your doctor and letting your surrogate know where the original is stored can help prevent confusion down the road.
Neither document is difficult to put in place, but both are easy to put off. If something happens before you have them, the people you love are left guessing or disagreeing over what you would have wanted. Getting these documents done is one of the most straightforward things you can do for your family.
]]>On Behalf of Cooper & Cooper Law Offices, PLLC<![CDATA[What solutions can creditors pursue after a judgment?]]>https://www.cooperandcooperlawpllc.com/?p=499922026-06-25T12:21:41Z2026-06-25T12:21:18ZThe law authorizes numerous judgment-related remedies
There are several types of aggressive debt collection actions that typically require a judgment before they are an option. Many creditors pursue wage garnishment. They can intercept a portion of an individual's wages, provided that they earn enough money, to recoup the debt owed.
It is also possible to seek a levy against a financial account, sometimes called a bank account garnishment. A levy prevents the account holder from withdrawing funds. Depending on the amount of the debt, multiple levies may be necessary to preserve and collect enough capital.
Other times, reports may agree to place a lien against a person's home or other valuable property as a means of securing the debt and facilitating more effective collection efforts in the future. If the debtor fails to pay, the creditor can seize or liquidate the security property in some cases.
Appropriate legal action can have a profound positive impact on businesses struggling to collect from people who want to avoid their financial responsibilities. Working with a debt collection attorney can help businesses identify the most effective means of holding debtors accountable for an amount that they owe.]]>