Guiding You Through The Probated Estate Process

Being named the Executor (Personal Representative) of another person’s Will is a measure of the confidence that person placed in you. It is also a serious responsibility, where you could be held accountable for mishandling. To be clear, it is a legal privlege to stand in the “legal shoes” for the decedent’s financial and legal matters.  For the overwhelming majority of those acting as Personal Representatives of an Estate, it is fulfilling and an honor.

For most Personal Representatives of an Estate, the work that needs to be accomplished is not that particularly difficult. For most, the Personal Representative just needs to be assured they are doing the “right things, in the right manner”. For most people they have never acted as a Personal Representative of an Estate and simply need the confidence that they are handling the Estate in a legally proper manner. At Key Schoen Law, we certainly want to provide the Personal Representative (s) with the confidence to do as much as he/ she is willing to accomplish without unnecessary legal bills. Moreover, every Personal Representative has the legal right to a fee for all of their services, and the law recognizes execptional work by Personal Representatives.

Of course, it is not unusual for there to be some legal issues or problems that require an Attorney’s attention. Most of the time, if properly recognized up front, these “issues or problems” can be addressed and solved without much difficulty. The key is to properly and thoroughly assess the details of an estate early on, and address accordingly. Key Schoen thrives in his role as the person who can solve legal problems, but otherwise provide his client with the confidence to handle the Estate matters that do not necessarily need a Lawyer’s attention.

"My practice is completely focused on Estate and Trust Matters. I understand the sensitive nature of administering an Estate as the Executor/ Administrator. My goal is to help eliminate problems, and to encourage confidence and common sense to my client to work through the administrative process. In other words, the more we can manage the potential problems up front, the better for everyone."

– Attorney Key Schoen

Steps Of Kentucky Probate

Main Steps in a Kentucky Probated Estate:

  • Proving the original Will, if there is one; and getting a Personal Representative appointed for the estate
  • Identifying and collecting the Estate’s property/ assets
  • Sell Home/ Realty if needed
  • Assessing creditors claims and resolving legitimate debts
  • Paying taxes, if necessary
  • Addressing Real Estate transfer(s) and Deeds
  • Distributing assets to those who are entitled to have them by Will (or Kentucky’s intestacy law if the person dies without a Will).
  • Kentucky offers simplified Probate Estate proceedings for estates less than $30,000 where there is either a surviving spouse or surviving child (or children).

Kentucky Probated Estate cases can most often be successfully accomplished without problems, or at least without any major problems.  In fact,  Key Schoen Law has between 10 to 15% of his client’s pay a flat fee of $1500 for attorney fees.  In other words,  for 10 to 15% of his clients there are little or no problems.  For well over 50% of Key Schoen’s clients, the fee is between $1500 to $3000.  In other words, most cases have no major problems, and the problems that arose were addressed and resolved without much difficulty.

"Most Probated Estates can be straight forward for an experienced attorney, and does not need to cost the Estate much money. Problems in the process translate to more attorney fees for the Estate. Avoiding problems is obviously a money saver. My job is to help clients avoid problems where they can, and help resolve problems when they cannot be avoided."

— Attorney Key Schoen

Of course, some Estates have significant legal challenges and/ or problems. This is Key Schoen’s “wheel-house” as his whole career has been in matters with legal problems and/ or disputes.  In fact, many clients hire Key Schoen for just this reason. These cases have the same goal as the easier cases, but with more of Attorney Key Schoen’s attention.

"Problem-solving is what I like most about being an Attorney. If my client has a real problem, or a set of real problems, I love being given the privilege of helping to solve those problems."

– Attorney Key Schoen

For More Information About This

Call Key Schoen’s Assistant Keith Porter at (502) 589-0077.  Mr. Porter is excellent at what he does – help Mr. Schoen, and his clients.

"I take pride in having Keith Porter as my Assistant. You will not find a more conscientious, polite, and effective person. In fact, since I hired Keith Porter our office has received only five (5) star reviews from clients."

– Attorney Key Schoen