FREQUENTLY
ASKED QUESTIONS
To better
help you to understand the process, we
have posted commonly asked questions
of our firm....
Q. 1. Will I be required to pay for my first consultation?
A. No. The first consultation is free.
Q. 2. Does your firm take cases on a contingency basis?
A. Yes. We do personal injury and wrongful death cases on a contingency fee basis. We also on occasion will do a debt collection on that basis as well.
Q. 3. Is it possible to have a felony charge expunged?
A. No, the law as it is currently written does not provide for expungment of felonies. Misdemeanors may be expunged if you have no violations for a period of five years after being convicted of the misdemeanor.
Q. 4. My former wife and I have two children. Our oldest child will graduate from high school in June. Will my child support automatically be cut in half?
A. No. Child support is set based upon a child support chart found in the Kentucky Revised Statutes. There is a formula that is used which combines your income and your former spouse’s income to arrive at a child support figure. Whether or not your child support would decrease would be based upon those income figures and the chart.
Q. 5. I am in the process of buying real estate from a person I know well. He told me that it was “free and clear.” Should I take his word for it or should I invest in a real estate title?
A. It is our suggestion to always have a title examination prior to investing money in the purchase of real estate. Your friend’s assurances may be accurate but we have seen occasions where those assurances were not accurate and there were substantial issues with the property.
Q. 6. I want to sell some property to someone on a contract for deed. If they default, can I have them evicted as a renter if I put that provision in the contract?
A. No. When you sell property by contract for deed you are no different from a bank or mortgage company. Upon default you must foreclose. If you desire to keep the property you must buy it at the auction sale.
Q. 7. If someone other than the Sheriff serves me with a subpoena, must I honor it?
A. Yes. Anyone over 18 is authorized to serve a subpoena.
Q. 8. My former husband and I have a child together. I want to change the child’s last name. Can I do that without his permission?
A. No.
Q. 9. If I am a passenger in an automobile that is involved in an accident and I have an injury, who will pay my medical expenses?
A. Under Kentucky Law as a passenger, the automobile insurance of your driver will pay the first $10,000 of your medical expenses. If your injury is a result of the negligence of the other driver, once you have $1,000 or more in medical expenses, you can sue the other driver for the balance of your medical expenses and any other losses you may have suffered.
Q. 10. If I have my mother’s power of attorney and she becomes terminally ill and unable to make decisions about terminating care, will that power of attorney allow me to make medical decisions in her place?
A. No. She would need to have a living will appointing you as her health care surrogate
in order for you to have that authority.
Q. 11. How long do you need to be separated before you can be divorced?
A. Sixty days. If you have no children, it will be sixty days from the date you actually
separated. If you do have children it will be sixty days from the time your spouse is served by
the sheriff or signs an entry of appearance showing that she or he is agreeing that they are before
the court for purposes of the divorce.
Q. 12. My husband died and only left assets worth a couple of thousand dollars. Do I need
to go through the full blown probate process?
A. No, as a wife you have a $15,000 exemption and can apply to the Court for an order
dispensing with administration. If part of his estate was a vehicle or other property that you want to sell, that property can be put on the order dispensing with administration to allow you to make the sale and transfer any title.
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CONTACT
FORM
|
Fulton, Hubbard & Hubbard,
Attys.
117 E. Stephen Foster Ave.
Bardstown, Kentucky 40004
Telephone: (502) 348-6457
Fax: (502) 348-8748
Email: inquiry@fhhlawoffices.com |