Child Tax Exemptions In KY

Child Tax Exemptions For Divorced Families In Kentucky

An issue that most don’t consider as part of a divorce is child tax exemption. That is until April comes around. Divorces addresses child custody, time-sharing, and child support. But what about who gets the right to claim a child as a dependent for tax purposes?

That issue has been addressed by the Kentucky Supreme Court in the case of Adams-Smyrichinsky v. Smyrichinsky. The Kentucky Supreme Court addressed the authority of Kentucky trial courts to award tax exemptions. Continue reading

2017 KY State BBQ Festival

7th Annual Kentucky State Barbecue Festival

Danville, Boyle County KYThe 7th Annual Kentucky State BBQ Festival took place this year out at the new Wilderness Trace Distillery grounds. In previous years, the festival was held in the beautiful and historic downtown Danville, Boyle County, Kentucky. However, the festival has continued to grow in popularity. And has moved locations to allow for more room to grow.  Continue reading

Breakdown Of A Negligence Claim

Elements Of A Negligence Claim In Kentucky

When a negligence claim is brought, the person who brings the suit (known as the Plaintiff) must show that the person being sued (known as the Defendant) was negligent.  There are several different elements of a negligence claim. To prove negligence on the part of the Defendant the Plaintiff must show all of the following elements:

  1. That the Defendant owed a duty to the Plaintiff.

All people owe a duty to everyone else to be reasonably careful. In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road. This can  include: passengers, persons in other vehicles, and pedestrians. Continue reading

Preparing To Die

A Morbid Conversation About Preparing to Die

Most of us want to do whatever we can to make our own deaths as easy on our families and loved ones as possible. As most people already know, a part of that is making sure that you have an accurate and up to date valid will. But the purpose of this discussion is more about self-help advice, than it is reminding you to come to our office for any legal services.

Where to Start

Something I see rather frequently in my practice is families coming in after a loved one has passed and no one has any idea where to begin. They know that something must be done at the Courthouse and it is usually helpful to have a lawyer, but that is it. Often, they do not know if the person who passed had a valid will or where it is located. They do not know if they had investments or life insurance or any other types of assets. If they do believe the deceased had life insurance or an investment portfolio, they often do not know what company managed the accounts.

I have two suggestions for helping to avoid many of these difficulties. The most obvious is to keep your will and any documents concerning banking accounts, investment accounts, life insurance, etc. in a safe place where your loved ones can access them in the event of your death. Processing your estate will be much easier for your family if all the documents they need to get started are easily accessible.

If you have elected to leave the original copy of your will with your attorney, it is critical that your family knows who this attorney is so that they can obtain the will. I would recommend that if you leave the will with your attorney that you have a note to your family with your other documents reminding them where the will can be found.

Open Communication

The second suggestion is to sit down with your family and discuss the following:

(1) How your property is dispensed in your will.

Discussing the contents of your will with your family is important regardless of how it disposes of your property. But if you are considering splitting your property unequally between your heirs, this is even more important. I’ve seen many times with wills like this, families end up fighting each other in court usually claiming that the will is fraudulent. If you let your family know what your wishes were before your death it can go a long way to prevent this type of anguish.

(2) Where the important documents are kept.

This one is kind of obvious. It does not do your family any good to keep all the important documents they will need when you pass if they have no idea where you kept them.

(3) The general nature of your assets.

It is helpful for the family to know what they are dealing with when it comes to your estate. I understand if you do not want to get into the exact value of your estate because that can change over time, but it does help if everyone knows generally what is involved.

Preparing To Die

Preparing to die is not something most want to think about. However, it is important in making sure your final wishes are followed. And that your don’t burden you loved ones. Also if you have taken the time to prepare will, and likely other documents to make sure you end of life wishes are carried out; you want to make sure your wishes are followed. Please take the time to follow these suggestions to make your passing easier on your families when you can no longer be there to help them through.

If you would like to speak with one of our attorneys about estate planning, please call Hurst & Hurst Law to schedule a free consultation. Thank you.

Bankruptcy 341 Meeting

What Is A 341 Meeting Of Creditors In A Bankruptcy

A 341 Meeting of Creditors occurs approximately a month after you file for bankruptcy. At the meeting the trustee will call a first meeting of creditors, which the debtor must attend. This meeting is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code.

Creditors rarely attend a Chapter 7 bankruptcy meeting. However, for a Chapter 13 bankruptcy, one or two creditors may attend, especially if there is some question regarding the plan. If there are objections they are typically resolved by negotiation between the debtor or the debtor’s counsel and the creditor. If a compromise cannot be reached, a judge will intervene. Continue reading

Preparing To Die Young

Preparing To Die Young

I know this is a rather callus way to start a conversation. But frankly we are all going to die and  need to be prepared to do so. This is a conversation that I as an attorney tend to find myself having more with older people, but none of us really have the promise of tomorrow.

Dying Young, Or At Least Youngish

Preparing to die young is an important task that too many of us avoid. In my opinion, it is more important for younger adults, who still have minor children to have a properly prepared will; than it is for someone whose children are grown. I would imagine that a dying parent who still had children at home would be far more concerned with who was going to look after their children; than how their property was divided.

The Court might come to the decision that parent would have wanted. But it is a whole lot safer to have a will nominating someone to care of your children. That way a Judge doesn’t have to make that determination after you’re gone.

Proper Planning

You need to do some proper planning if you have not already prepared a will. Or, if you have experienced a significant life change since your current will was prepared; for instance if you have gotten married or had another child. In that case you really need to speak with an attorney about your wishes and make updates.

Passing without a will can lead to results you would have never intended and passing with an outdated will can be even worse. For example, if you get a divorce after making a will that leaves everything to your spouse, that will is going to be binding in most cases. If you would like to speak with one of our attorneys about estate planning, please call Hurst & Hurst Law to schedule a free consultation. Thank you.

Black Tie & Bluegrass

2017 Wilderness Trace Black Tie & Bluegrass Event

Wilderness Trace Child Development Center Event Danville KYLast week, Wilderness Trace Child Development Center hosted their annual Black Tie & Bluegrass event in Danville, KY. Wilderness Trace Child Development Center (WTCDC) provides much needed services to families in the area. The event that took place last weekend was the main local fund raiser for WTCDC. The annual dinner, auction and dance provide support for the center’s early education opportunities for children at Wilderness Trace Child Development Center.

WTCDC serves children from birth through five years of age by providing educational and therapeutic services for children with and without disabilities. The center serves Boyle and the Continue reading

Who You Are Can Matter

Some Driver’s Face Stiffer Penalties Than Others In Kentucky

Penalties for Drivers Younger than 21 Years Old

Younger drivers and commercial drivers can face greater penalties for traffic and driving violations than others in Kentucky. Generally, drivers younger than 21 years old face stiffer penalties than others, and those less than 18 greater still.

For example, drivers younger than 18 years old who receive traffic tickets during their permit or intermediate licensing phases must begin their 180 days of waiting all over again. Beginning  from the date of the violation on. Putting them out an additional half a year on getting their license fully.
Drivers younger than 21 years old convicted of driving under the influence (DUI) face complete license suspension. Continue reading

Personal Injury Lawyer Training

Hurst & Hurst Attended Personal Injury Lawyer Training

The attorneys of Hurst & Hurst Law attended personal injury lawyer training in Nashville, TN. The Kentucky Justice Association, hosted the continuing legal education seminar in TN. The Kentucky Justice Association is a professional organization devoted to protecting plaintiff’s right to trial. As well as helping provide better legal representation to Kentucky.

The training was part of the KJA’s annual convention, which took place in lovely Nashville, TN.  The event’s location allowed lawyers from all across the State to strengthen relationships. And take in some of the wonderful sights Nashville has to offer. Continue reading