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Hoge & Kuhn, PLLC
First Trust Centre
Suite 400 South

200 South Fifth Street
Louisville, Kentucky 40202
Fax:  (502) 583-1223
Phone:  (502) 583-2005
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Estate Planning and Family Law

Whether you're getting married, separated, divorced or having a child, the change in your personal status will have significant impact on how your estate would be settled in the event of your death.

Estate planning can be very complicated and it is not something we recommend be ignored or done by lay people or software designers.

"Do-It-Yourself" will packages are intended to be "one-size-fits-all".  Your situation is unique.  You owe it to your family and friends to make sure this is done right.

If you are getting married, we recommend that you talk with an attorney experienced in the drafting of wills and trusts and consider the possibility of a prenuptial agreement

If you are getting divorced or separated, your marital status is about to change significantly and it is important that you talk about your situation with an experienced attorney knowledgeable about the impact of that change on you need to update your will, any trusts you might have and to review your estate planning options.

During or after a divorce, you might want to consider if you want your spouse to have:

  • Powers of attorney (which can give him/her the right to access, sell or dispose of your personal and financial assets), which should be discussed with your attorney and will probably need to be rescinded by you during the divorce process
  • The power to make healthcare decisions for you if you are incapacitated (a healthcare directive)
  • The right to inherit from your estate in the event of your death (Kentucky law grants specific minimal rights to legal spouses but that person is not automatically entitled to the bulk of your estate simply by virtue of your marriage)
  • The right to take from your estate in the event of your death (your divorce settlement agreement should limit your exposure in this situation)
  • A power of attorney for business purposes, especially if you have a family-owned business; these instruments should be promptly reviewed by your attorney and may need to be rescinded

If you are having a child (with the marriage or otherwise), you need to talk to an experienced attorney about creating estate planning documents to protect the interests of that child in the event of your death.

See also our section on Living Wills & Healthcare Directives.