Shelby Blankenship, Joye Beth Spinks serve as summer associates Read More
Shelby Blankenship, Joye Beth Spinks serve as summer associates Read More
Kentucky school systems to receive additional $1.8 million in reimbursements Read More
Editor’s note: This is the second of two blog posts exploring probate: what it is, how it works and what Kentucky law has to say about this process. You can read the first in the series here.By Leah Morrison, Attorney English, Lucas, Priest and Owsley, LLPLeah Morrison, attorneyProbate is one of those things that people universally dismiss as an unduly burdensome process. In fact, many clients tell me they need a will or estate plan so that they can avoid probate.Outside of the small estate scenario that we explored in the first blog post, Kentucky law provides additional mechanisms for avoiding probate. Not everyone has a Will. Perhaps most often people do not want to write one because they don’t want to think about dying, or they plan to write one and simply put it off. Some purposefully choose intestacy. Even without any planning not all assets owned by the decedent are subject to the probate process. Probate assets include everything the decedent owned in his or her individual name.These can include:bank accounts; brokerage accounts; real estate held in the decedent’s individual name or in a tenancy in common; vehicles; furniture; jewelry; and an interest in a partnership, corporation, or limited liability company. Read More
Employment law attorneys led discussion at SHRM meeting Read More
Heather Coleman Brooks chosen for Elevate Kentucky leadership program Read More
Bob Young, Aaron Smith attend ABA TECHSHOW Read More
The burden of proof is initially on the plaintiff in a personal injury lawsuit. In order to prevail, he or she must prove each of the four elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence. This is usually done through a combination of expert witnesses and lay testimony.For instance, in many car accident cases, the basic facts of the crash may be explained by lay witnesses ("I saw the blue car run the red light and hit the side of the white van"). Evidence regarding certain damages, such as injuries and the reasonableness and necessity of medical expenses, requires testimony from an expert witness such as a physician.In the middle of these extremes are cases in which expert witness testimony would prove helpful but is not strictly required in order for a case to go forward. Sometimes, the parties disagree as to whether such testimony is an actual requirement under the circumstances, and the court must make a decision. Read More
Congratulations to our staff on many years of service Read More
ELPO attorneys, staff ring the bell for The Salvation Army Read More
By Kyle Roby Attorney, English, Lucas, Priest and Owsley, LLPFor someone who has little experience with law firms or the court system, meeting with a personal injury lawyer can be intimidating. The question we're asked the most often by our clients is "What do you need me to bring?"For my personal injury clients, I've condensed it down to a short list that you can use as a guideline. These are all documents that are not essential, but they're very helpful to have with you so your attorney can get to work right away. Read More