The Morgan Firm

05/24/2026

Q. My girlfriend has been living with me in my house for 14 years. We don’t have any children together. If something happened to me, would she be able to keep the house (which is in my name)?

A. Not automatically.

In Kentucky, an unmarried partner does not inherit simply because you have lived together for many years. If you die without a Will, your property passes under Kentucky’s intestate succession laws and not based on who you lived with or who you intended to provide for.

Generally, if there is no Will, property passes first to a surviving spouse and/or family members such as children, descendants, parents, siblings, nieces/nephews, and then more remote relatives. A girlfriend or boyfriend is not included in that list, no matter how long they have lived together.

So, in this situation, unless she is protected through proper estate planning (such as a Will, deed, trust, or other valid arrangement), she may receive nothing and may not be able to keep the house.

Also, because she is not a spouse or close family member under Kentucky inheritance tax law, anything she does receive may be subject to Kentucky inheritance tax.

The lesson: If you want an unmarried partner to receive your home or other property, you need to put that plan in writing legally. Do not assume Kentucky law will do it for you.

05/18/2026

Q. A widowed father passes away with two step-children he adores and raised from small children. He hadn’t seen his biological son in 30 years. The father died without a will. What happens to his house, car, and other assets in Kentucky?

A. The biological son would inherit the probate estate. When someone dies without a Will, the estate passes according to Kentucky intestate succession laws. Kentucky doesn’t recognize step-children, unless they had been previously adopted. Like most states, Kentucky also doesn’t recognize adoption by estoppel, equitable adoption, virtual adoption, and instead requires strict adherence to the adoption statutes in order for a step-child to be considered legally adopted.

If you are in a situation like this, you will need have a Will or certain Will Substitutes (jointly held property, life insurance, retirement accounts with beneficiaries, or other non-probate property), in order to carry out your wishes. I would advise you to contact an attorney as soon as possible.

We prepare Wills and other estate planning documents. Please contact us at (270) 586-7777. Thank you!

05/04/2026

Myth #34: You can’t be convicted without fingerprints , DNA, or other scientific evidence
* The jury or judge has to be satisfied beyond a reasonable doubt that the Commonwealth proved all the elements of the crime.
* All it takes is one credible witness to support a conviction
* Aside from scientific evidence, a conviction can be based on:
* Victim testimony
* Eyewitness testimony
* Officer testimony
* Admissions or confessions
* Co-Defendant or confidential informant testimony
* Circumstantial evidence
* Possession of stolen property or contraband
* Text messages
* Phone records
* Financial records
* Photographs or video (body cam) evidence
* Pattern of conduct or surrounding circumstances
* Physical evidence is essential in “circumstantial” cases where there is no “direct” evidence (i.e., someone that witnessed the criminal conduct occur).
* Absence of fingerprints, DNA, or other scientific evidence can be a powerful defense argument, especially when law enforcement reasonably could have collected or tested that evidence.
* The government has the burden to prove the case beyond a reasonable doubt, so when it has the time and opportunity to collect reliable proof, but chose not to, then the jury may view it as reasonable doubt, depending on the facts of the case.

01/25/2026

01/19/2026

We are closed today in observance of the Martin Luther King, Jr. holiday. We will reopen at 8:00am tomorrow morning.

Thank you for your business!

01/11/2026

Q. I gave my daughter a power of attorney, but I am not happy about how she is handling it. What do I need to do?

A. Generally, you can revoke a power of attorney (POA) at any time. This is best done through a written “Revocation of Power of Attorney.” The following steps are the best practices:
1. Sign notarized “Revocation of Power of Attorney”;
2. If the POA was filed at the county clerk’s office, then the revocation must be filed there as well;
3. Deliver to your daughter a copy of the signed revocation, preferably by certified mail or hand-delivery;
4. Immediately notify all third parties who may rely on the POA by giving them a copy of the revocation. These include banks, insurance companies, financial advisers, etc.; and
5. Physically destroy any original or copy of the POA, if possible.

Example of language you may use: I [full name] hereby revoke and terminate the Power of Attorney executed by me on [date], appointing [daughter’s name] as my agent. All authority previously granted under that document is REVOKED effective immediately.”
[Your notarized signature]

01/10/2026

Congratulations to my good friend, Chris Tomlinson, on being selected as the next District Judge for the 49th Judicial District, serving Simpson and Allen Counties.

Chris has the perfect temperament, judgment, and work ethic to be an outstanding judge. His fairness, professionalism, and respect for the rule of law will serve our courts and communities extremely well.

I look forward to working with Judge Tomlinson in the future, whatever that capacity may be, and I have no doubt he will represent the 49th Judicial District with integrity and distinction.

Congratulations, Judge Tomlinson, on this accomplishment!

01/06/2026

Q. I was appointed to be Executor of my father's estate. I'm finding that my father had a lot of debts, including many credit cards. There's not enough money in the estate to pay all the bills. Will I be personally responsible for the debts that the estate can't pay?

A. No, you will not be responsible for the debts of your father. You will pay the debts "pro rata" where they will all get a portion of the assets of the estate. In addition, there is a $30,000.00 exemption for a surviving spouse, or if there is no surviving spouse, for the surviving children. In smaller estates, many times this keeps some debts from having to be paid at all.

01/05/2026

Myth 33: An officer can’t make you roll down your window or get out of the vehicle at a traffic stop

* Beware of YouTube lawyer wannabes who will tell you that you don’t have to roll down your window or get out of your vehicle.
* Officer safety plays an important role in traffic stops and officers want to make sure that they can see your hands and that there is not a gun in the vehicle.
* You are required to roll the window down enough to speak, provide license, registration, and proof of insurance.
* There is no constitutional right to keep your window fully rolled up during a traffic stop.
* The US Supreme Court has held that an officer can order the driver out of the vehicle (Pennsylvania v. Mimms(1977)) and can also order the passengers out of the vehicle (Maryland v. Wilson (1997)), because of officer safety and without suspicion.
* Because you are ordered out of your vehicle DOES NOT mean that you consent to being searched or waive remaining silent.
* IMPORTANT TIP: lock your car door as you exit your vehicle.
* Once you are outside your vehicle, you should still exercise your rights by declining consent to search and remaining silent.
* As always, stating “Officer, am I free to leave?” is vital to making sure you aren’t detained longer than reasonably necessary to complete the traffic stop.
* Always be polite and don’t argue with the cop. Any issues with the stop must be challenged in Court and not on the roadside.

01/04/2026

Myth 32: If you drive in Kentucky without insurance and have an accident, you are automatically considered to be at fault

* This statement is not true. Driving without insurance in Kentucky is illegal and subject to penalties, but it does NOT legally make you at fault for an accident by default.
* Kentucky requires drivers to carry minimum liability insurance including personal injury protection (PIP), but this is separate from fault.
* Not carrying liability insurance is an offense which carries fines, potential jail time, and license suspension (2nd or subsequent conviction).
* Liability for damages in an accident is based upon negligence, meaning who acted negligently and cause the crash.
* Kentucky uses a comparative fault system, meaning fault is allocated between the parties based upon percentages of fault.
* If someone is at fault for an accident and doesn’t have insurance, sometimes the Court will require the person to pay restitution to the victim in addition to criminal penalties.