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Wills and Trusts Lawyer in Northern Kentucky

Speak to a Northern Kentucky Wills and Trusts Lawyer Now: (513) 721-3330

When it comes to protecting your family’s future, working with an experienced wills and trusts lawyer near you is essential. Serving Boone, Kenton, Campbell and surrounding counties, RKPT provides comprehensive estate planning services tailored to the unique needs of Northern Kentucky residents.

Why Choose a Local Estate Planning Attorney?

Searching for a “lawyer for wills and trusts near me” is a great first step in securing your assets and financial legacy. It also ensures you receive state-specific guidance and personal attention. At RKPT, our will and trust lawyers are familiar with local probate courts and the regional legal terrain in Boone, Kenton, Campbell and surrounding counties. Our team of experienced estate law professionals creates a plan that reflects your wishes.

Our attorneys are deeply rooted in the Northern Kentucky community. Whether you live in Covington’s historic neighborhoods, near the riverfront in Newport, or in a suburb or more rural area, we understand your local needs. We are dedicated to providing attorney-supported, personalized service to every client.

Call Us: (513) 721-3330

Why Choose RKPT For Estate Planning Assistance

Some solo practitioners charge a nominal fee to help you write a simple will, filling out some boilerplate documents but foregoing a full review of your asset profile. While this covers some basic documentation, it can leave many issues unaddressed. Going for the “simplest option” can complicate the process in the long run.

Clear-eyed, comprehensive estate planning assistance is what sets RKPT apart. Our experienced estate planning professionals review your entire asset portfolio, and offer legal advice for additional documentation that may be needed. This exhaustive process ensures that your assets are comprehensively protected, your distributions fully designated—and your peace of mind ensured.

Call RKPT: Wills and Trusts Attorneys serving Covington, Newport, Burlington, Independence, and Erlanger

Wills

A will is a legal document that outlines how a person’s probate property and probate assets should be distributed after their death. It allows a person to specify who will inherit their belongings, appoint an executor (or manager) of their estate, and name guardians for minor children, if necessary. To be valid, the owner of the will, or testator, must be at least 18 years old and of sound mind, and it must be written and signed in the presence of two witnesses. To make administration easier, the will should also be self-proving, which means a notary is present to notarize the witnesses’ signatures.

A will is also used to denote your preference for guardians of your minor children, disabled adult children, or any individuals for which the decedent is serving as guardian. Although the court has ultimate authority to appoint a guardian, the decedent’s nomination typically holds great weight with the presiding judge.

Having a will is especially important in the state of Kentucky. Our state laws, known as intestacy laws, will otherwise determine how your assets are distributed. This process may not reflect your personal wishes, and can result in property going to a relative or entity you might not have chosen. Kentucky intestacy laws are very unique and often not in line with what a person would want. Kentucky is also unique in that the state has an inheritance tax for certain beneficiaries.

Wills go through probate, a court-supervised legal procedure that administers your estate. The probate process validates your will, identifies your assets, pays off any remaining debts, and distributes your remaining assets as specified. If you opt for a will-based estate plan—meaning there is no trust involved—there may be additional beneficiary designations and change-of-ownership forms that are not specified through a simple will. Speak to one of our estate planning attorneys to learn more about this critical distinction.

Creating a will can protect your legacy, minimize family conflict, and ensure your assets are distributed according to your wishes. However, a will is just one part of your estate planning structure. RKPT attorneys will ensure the overall plan is effective so that your assets and affairs are as easy as possible to manage after your death.

Speak to a Wills Lawyer in Northern Kentucky

Trusts

A trust is a legal arrangement in which you give someone else (or potentially yourself as trustee) the responsibility to manage and take care of your money or property for another person’s benefit. With a revocable trust, the assets are held for the benefit of the grantor (person who creates the trust) until the grantor’s death, at which time the assets are held for the benefit of the trust’s beneficiaries. Trusts come in many forms, including:

Revocable living trusts are the most common trusts and offer maximum flexibility
Irrevocable trusts offer asset protection and potential tax benefits.
A special needs trust that helps a disabled person without affecting their eligibility for government benefits.
Charitable trust, which provides tax advantages to charitable organizations.
Pet trusts are used to ensure funds are set aside for the care of a pet after the owner’s death.
A land trust, which holds the title of any property for privacy and asset protection.

I have a will. Do I still need a trust?

Trusts offer advantages that go beyond a simple will. Specifically:

Trusts can help you avoid probate. Kentucky does not recognize transfer on death affidavits for real property. Thus, if you do not want your home to pass via probate, a trust is a great tool for you. Probate is the public (and often lengthy) legal process of distributing assets after someone dies. Assets in a trust are managed and distributed by a trustee, allowing for a faster, more private, and less costly process. The privacy afforded by a trust may be especially helpful for families who wish to keep their financial affairs confidential.

Trusts can offer more control over the distribution of your assets. With a trust, you can set specific conditions for distributions, such as releasing funds when a beneficiary reaches a certain age or achieves a milestone like graduation. This is particularly useful for families with minor children, beneficiaries who may require assistance with managing their finances, or those with complex family dynamics.

Trusts can offer potential tax benefits. Certain types of trusts can shield assets from creditors, lawsuits, or divorce settlements, helping to preserve your wealth for your intended beneficiaries. Some trusts are designed to minimize estate and income taxes, which can be especially valuable for larger estates.

Speak to a Will and Trust Lawyer Near Me

The Importance of Estate Planning

A well-crafted estate plan, including estate planning documents that direct your assets, can provide peace of mind for you and your family. Generally, the process is done once and then updated as needed with additional assets or directives. The benefit to your family is truly immeasurable.

With the help of estate planning attorneys, you can:

Protect your assets and real property
Provide for your family members, including minor children
Designate health care and financial decision-makers
Ensure your wishes are honored in the event of incapacity
Minimize taxes and court involvement

Read More from RKPT: Why Hire an Estate Planning Attorney in Ohio

Speak to a Wills and Trusts Lawyer in Northern Kentucky

RKPT: Comprehensive Estate Planning Services

RKPT offers a full suite of estate planning services, including:

Wills

Estate planning lawyers handle the administration of wills: legally binding estate planning documents that specify how the deceased person’s probate assets should be distributed after their death. A will ensures that your wishes are accurately documented, and you can update your will as your circumstances or preferences change. While most wills are relatively straightforward, it’s always a good idea to revisit your will in the event of a major change in your life: marriage, divorce, or the birth of children, and so forth.

Trusts

A wills and trusts lawyer creates and manages trusts to help clients control how their assets are handled during their lifetime and after death. They advise on the best trust structures to protect assets, minimize taxes, and support beneficiaries. Our trust and estate administration team will review your case, outline the state and federal laws that apply to your situation, and help you form a trust that protects your assets.

Estate Solutions

Our estate planning attorneys draft and revise wills to reflect life changes, ensuring your estate plan remains current. They also establish revocable living trusts and other estate solutions that allow you to manage and transfer assets efficiently, often helping to avoid probate and provide for loved ones.

Medicaid Asset Protection

A wills and trusts lawyer specializing in Medicaid asset protection helps clients safeguard their assets while qualifying for Medicaid benefits to cover long-term care costs. They design and implement irrevocable trusts, known as Medicaid Asset Protection Trusts (MAPTs), which legally remove certain assets from Medicaid eligibility calculations. Our clients preserve wealth for their heirs and protect their home from Medicaid estate recovery.

Elder Law Attorney in Cincinnati, OH

Guardianships and Conservatorships

A wills and trusts lawyer assists families when a loved one cannot manage their personal or financial affairs due to incapacity, disability, or age. They help petition the court to establish guardianships and conservatorships, ensuring the best interests of the individual are protected. We can help resolve disputes and make sure guardians or conservators fulfill their legal responsibilities.

Trust and Estate Administration

A wills and trusts lawyer plays a crucial role in administering trusts and estates after someone passes away. They guide trustees and executors through the legal steps required to manage and distribute assets according to the trust or will, ensuring compliance with state and federal laws. Their responsibilities include filing necessary documents, paying taxes, communicating with beneficiaries, resolving disputes, and providing advice on fiduciary duties.

Comprehensive Estate Planning

A wills and trusts lawyer develops a comprehensive estate plan tailored to your needs, covering everything from real property to personal belongings. Our estate planning attorneys prepare essential legal documents like powers of attorney and health care directives, ensuring your wishes are respected in all situations. Asset protection, both from tax liability and unauthorized access, is central to our mission in comprehensive estate planning.

Real Estate Transfers

Our will and trust lawyers ensure that your real estate assets are properly titled and transferred according to your estate plan. They handle all legal documentation and processes required to smoothly transfer property ownership to your chosen beneficiaries.

Wills and Trusts: Frequently Asked Questions

What is the difference between a will and a trust?

A will is a legal document that outlines how your assets will be distributed after your death. It must go through probate court before assets are transferred to beneficiaries. A trust, meanwhile, is a legal arrangement that allows a trustee to manage assets on your behalf, either during your lifetime or after death. Certain trusts, such as revocable living trusts, can help avoid probate and provide greater privacy.

Who can make a will in Northern Kentucky?

To create a valid will in Kentucky, you must be at least 18 years old and of sound mind. This means you understand the nature of your assets and the consequences of your decisions. The will must be written, signed by you (the testator), and witnessed by two credible individuals who are present at the time of signing. While Kentucky does recognize handwritten (holographic) wills, these must be entirely in your handwriting and signed by you, but they can be more easily challenged in probate court if not clearly drafted.

What kind of information should my will include?

At the very least, your will should:

Name beneficiaries for your property and assets
Appoint a personal representative (executor) to manage your estate
Designate guardians for minor children and
Make gifts to charities or organizations, if applicable.

It’s important to note that some assets, such as jointly owned property or life insurance proceeds with a named beneficiary, are not controlled by your will. Speak with a wills and trusts lawyer to understand the structure of comprehensive estate planning.

How do I make sure my will is valid in Kentucky?

To ensure your will is legally valid in Kentucky, all of the following conditions must apply:

It must be in writing (typed or handwritten)
You must sign it, or direct someone else to sign in your presence
Two witnesses must sign in your presence and in each other’s presence (for typed wills)
Handwritten wills do not require witnesses, but must be entirely in your handwriting

NOTE: Oral (spoken) wills and electronic wills are not recognized in Kentucky.

How do I change my will?

You can update your will at any time by creating a new will or adding a codicil (an amendment), both of which must meet the same legal requirements as the original document. A will can also be revoked by destroying it or by executing a new will that states the previous one is revoked.

What happens if I die without a will?

If you pass away without a will, Kentucky’s intestacy laws determine how your assets are distributed. Typically, your spouse and children will inherit your estate, but the exact distribution depends on your family situation. This process can be lengthy and may not reflect your personal wishes.

What will happen to my assets after I die?

After your death, your will must go through the probate process, a court-supervised procedure that validates your will, appoints your executor, and oversees the distribution of your assets. The executor is responsible for filing a petition with the court, taking inventory of assets, paying debts and taxes, and distributing the remainder to your beneficiaries. Probate can be complex, so many people choose to work with an experienced estate planning attorney to guide them through the process.

Should I work with a Kentucky estate planning attorney?

While it’s possible to draft your own will, working with a knowledgeable Kentucky estate planning attorney ensures your will is clear, legally valid, and tailored to your unique circumstances. An attorney can also help you explore other estate planning tools, such as trusts and powers of attorney, to provide comprehensive protection for your family and assets.

Instead of simply Googling “will and trust lawyer near me,” seek out a law firm that is familiar with Northern Kentucky’s probate courts and estate law. Make sure that the law firm you choose has the capacity for every plan to be reviewed and supported by a licensed attorney, not a paralegal or member of the support staff. Look for a legal advocate who will review your full financial picture and offer clear-eyed guidance tailored to your unique situation.

How can a trust help with my personal injury settlement?

Establishing a trust can protect your settlement from creditors, ensure funds are managed for long-term care or specific needs, and help you qualify for benefits like Medicaid by sheltering assets. Special needs trusts are often used for individuals who require ongoing medical care.

Do I need to update my will or trust after a personal injury?

Yes, significant life events, such as receiving a personal injury settlement, should prompt a review of your estate plan. Updating your documents ensures new assets are included, and your wishes are accurately reflected. Working with an experienced estate planning attorney ensures your will or trust is legally valid, state-specific, and tailored to the circumstances of your case.

Read More from RKPT: Is It Time to Review and Update Your Estate Plan?

What happens if I don’t have a will or trust?

Without a will or trust, Kentucky’s intestacy laws determine how your assets are distributed, which may not align with your preferences. The process can be lengthy and stressful for your family, especially if you have complex needs after a personal injury.

Can I name someone to make decisions for me if I’m incapacitated?

Yes, through powers of attorney and health care directives, you can appoint trusted individuals to make financial and medical decisions on your behalf if you are unable to do so.

When protecting a personal injury settlement or planning for long-term care, our wills and trusts attorneys in Northern Kentucky are here to help. RKPT’s streamlined estate planning services will give you peace of mind; your wishes will be honored, and your loved ones will be cared for according to your plan.

Need a Will or Trust? Speak with RKPT First

Take the first step toward protecting your legacy: contact a will and trust lawyer near you in Covington, Newport, Burlington, Independence, or Erlanger. RKPT’s estate planning lawyers are ready to help you create a comprehensive estate plan that brings peace of mind to you and your loved ones.

Speak to a Wills and Trusts Lawyer in Northern Kentucky