11/02/2026
What are the most common questions people ask when setting up an estate plan? ❓📜
Many people turn to Google or AI before meeting with an attorney, but understanding how Kentucky laws specifically apply to your family makes all the difference.
In this episode of the Protect Your Nest Podcast, titled "Common Questions about Estate Planning," Louisville estate planning attorney Brandon J. Lawrence ("Lawyer for the City") answers the most frequent questions clients bring into his office.
Here are 7 key takeaways every Kentucky family should know:
🔹 1. Will vs. Revocable Living Trust:
A Last Will and Testament must go through the public court process known as probate, where assets are frozen and subject to delays. A Revocable Living Trust does not get filed in court or probated in Kentucky, allowing assets to pass directly and privately to beneficiaries without court intervention. Pair your trust with a pour-over will to catch any assets acquired later that were not titled in the trust.
🔹 2. What Happens If You Die Without a Will ("Intestate")?
Under Kentucky Revised Statute (KRS 391.010), state law dictates how your property is divided.
If you have children from a prior relationship, your surviving spouse receives 50% of your assets and your children receive the remaining 50%.
🔹 3. Do You Need an Estate Plan If You Aren't Rich?
Yes, middle-class families often need estate planning more than the wealthy to prevent assets from being depleted by long-term care or nursing home costs. Transferring property into an irrevocable trust at least 5 years before needing nursing home care helps protect your nest egg.
🔹 4. Does Your Will Control Your Retirement Accounts?
No—retirement accounts pass directly to the individuals designated on your beneficiary forms, regardless of what your will states, unless your estate is named as the beneficiary.
🔹 5. Protecting an Inheritance from a Child’s Spouse:
Under KRS 403.190(2), inherited funds remain separate property unless co-mingled into joint bank accounts or used for marital home improvements. Using trusts, prenuptial agreements, or postnuptial agreements keeps family inheritances protected.
🔹 6. Making Decisions About Life Support:
You can state your explicit preferences regarding life support and end-of-life care using a Living Will, taking the heavy emotional burden off your loved ones.
🔹 7. Stopping Family Disputes with a No-Contest Clause:
Including a no-contest clause in your will specifies that any heir who contests the document will receive nothing or a reduced share, serving as a strong legal deterrent.
Don't leave your family's future to guesswork—roadmap your estate plan today!
👉 Learn more and watch full episodes: http://www.LawyerForTheCity.org
📞 Schedule a consultation: (502) 424-3130 / (502) 996-7735
Contact Information
Lawyer for the City
101 N. 7th Street
Louisville, Kentucky 40202
Phone: (502) 424-3130 / (502) 996-7735
Email: [email protected]
Website: http://www.LawyerForTheCity.org
Disclaimer
This podcast is meant to provide information and is not legal advice. Brandon’s principal office is located at 101 N. 7th Street, Louisville, Kentucky 40202. This is an advertisement.