At Elder Law Guidance, we help Kentucky families with elder law planning across the region, including trusts, wills, powers of attorney, and long-term care and Medicaid-related planning, veteran’s benefits, business succession and special needs planning.
With more than 10 years in practice, our goal is to give you clear options, protect what matters, and reduce stress through steady communication and practical next steps.
As U.S. Census Bureau QuickFacts estimates Kentucky’s population at 4,606,864 (July 1, 2025), we understand how many families are trying to make careful decisions with aging parents, disability needs, or a loved one’s changing care. One client shared, “They calmed all fears that I had during a traumatic time with my elder mother.”
We make the process manageable by starting with your goals, gathering the right documents, thinking through multiple alternatives and backup plans. Then we walk you through the likely paths forward in straightforward terms. You will know what information we need, what each document does, and how your choices may affect your family, your property, and your care planning.
If you are planning proactively for the future or responding to an urgent care situation, we are here to guide you every step of the way.
What Is a Trust and Why It Matters in Kentucky
A trust is a legal arrangement where one person (the trustee) manages money or property for someone else (the beneficiary), based on written instructions. Depending on the type of trust you may need for someone else to be your trustee, or you may be able to be trustee yourself.
Many people create a trust to keep control over how assets are handled if they become ill or after they pass away. In plain terms, it is a way to put a plan in place while you are able, so your family is not left guessing later. And, in contrast to a last will & testament, a trust is much more comprehensive and bullet proof.
In Kentucky, trusts are often used for three practical goals, control, privacy, and probate planning. Control means you can spell out when and how loved ones receive an inheritance. Privacy matters because a trust plan can reduce how much family and financial information becomes part of a public court file.
Probate planning is another common reason Kentucky families consider trusts. Probate is the court-supervised process of settling a person’s estate, and it can take time and coordination, especially if there are multiple accounts, real estate, or family members who live in different places.
Trusts can also support planning for life changes, such as disability, long-term care, or a child with special needs, by setting clear rules for how funds are used. They can help protect heirs from receiving an inheritance at a time when it would hinder them (such as applying for college scholarship, going through a divorce, or struggling with addiction).
To understand whether a trust fits your goals, it helps to first look at the different types of trusts and what each one is designed to do.
Our Trust Services in Kentucky
- Revocable living trusts
- Irrevocable trusts
- Inter-Vivos Trusts
- Funeral Planning Trusts
- Miller Trusts
- Trust funding guidance
- Medicaid planning coordination
- Asset protection planning
- Pour-over wills
- Powers of attorney
- Advance healthcare directives
Get Trusted Legal Support Today
For straightforward legal advice and representation, contact Elder Law Guidance. Call (859) 544-6012 to schedule your consultation.
Why Choose Elder Law Guidance For Your Trust Needs
Clients choose Elder Law Guidance because the process feels clear, steady, and personal, with a focus on protecting family and dignity.
- Proven experience: 10+ years focused on elder law and estate planning, guiding decisions that affect your home, savings, and loved ones.
- Education first approach: We value informed decisions. We offer informational webinars, so you understand every part of the process.
- Strong local reputation: 4.9 Google rating across 114 reviews, reflecting respect, responsiveness, and clear communication.
- Recognized achievement: Named Super Lawyers Rising Stars (2021–2025), a peer-recognition honor, Lawyers of Distinction & Law Firm 500 (2021 – 2025)
- Plain-language guidance: We explain what each document does and doesn’t do, so you can decide confidently.
- Collaborative planning: We coordinate with family members and financial or tax professionals when appropriate.
- Calm, protective advocacy: In stressful situations, we keep discussions focused on the person the plan is meant to protect.
Living Trusts vs. Wills in Kentucky
Kentucky families often ask whether they need a trust or “just a will.” A simple way to frame it is lifetime planning (incapacity) vs. after-death transfer (probate). Kentucky also has no state estate tax (per the Kentucky Department of Revenue).
Rather, Kentucky has an inheritance tax which is much broader (taxing all distributions beyond the nuclear family.)
- Will: Directs who receives probate assets and names an executor. Probate can take time and involves court filings (less privacy).
- Revocable living trust: Holds assets during life and directs distribution at death. If properly funded, trust assets typically avoid probate, improving privacy and often speeding transfer. It can also set detailed controls for beneficiaries.
Decision factors
- Probate: Trust may reduce probate, a will generally goes through probate.
- Incapacity: Trust supports a successor trustee stepping in (alongside POAs).
- Complexity + control: Homes, multiple accounts, minors, blended families, disability/spendthrift concerns often lean toward a trust.
- Privacy: Trust administration is usually more private than probate.
To learn more about whether you need a trust or a will, watch our webinar, “Is a Trust a Better Option Than a Will?”.
What Trustees Should Know About Administration in Kentucky
Being a trustee is a serious role, often during a stressful time. Even though trust administration is typically private, it still requires careful follow-through.
- Follow the trust: Read it closely and comply with its rules and timelines.
- Secure assets: Identify and protect trust property (accounts, real estate, business interests, titled assets).
- Keep records: Track every transaction and save supporting documents.
- Communicate: Provide reasonable updates and share required information, most disputes start with silence.
- Pay bills and taxes: Coordinate valid expenses and tax filings. Kentucky inheritance tax timing can matter (the Kentucky Department of Revenue notes a 5% discount if paid within nine months).
- Distribute carefully: Follow the trust terms and keep a reserve for expenses/taxes.
- Use advisors as needed: CPAs and financial advisors can help with valuations, reporting, and investment management.
About Elder Law Guidance
Elder Law Guidance helps Kentucky families protect what they have built and plan for what comes next, with a steady focus on elder law and trusts.
Founded in October 2015, our work centers on clear planning, careful trust administration, and practical steps that support aging with dignity. We know these decisions can feel heavy, especially when health changes, caregiving needs, or family dynamics are involved.
Our approach is calm and protective. We take time to listen first, then explain and educate options so you can make informed choices without feeling rushed or talked over.
We also believe reliability is part of good counsel. You should know where things stand, what we are waiting on, and what you can do now to reduce stress later. We aim to communicate clearly and consistently, because peace of mind often comes from knowing you have a plan and a guide.
Our Process for Kentucky Families
- Listen first: We learn what’s happening now, what you’re worried about, and what you want the trust to accomplish.
- Review goals and assets: We discuss key people (beneficiaries, caregivers), what you own, and any existing documents that need coordination.
- Explain options: We walk through practical choices, so you can decide confidently. This is educational information, not legal advice for your specific situation.
- Draft the plan: We prepare the trust and supporting documents and explain what they do, including trustee powers and distribution terms.
- Signing/Education prep: We guide you on who to bring, how to understand the documents, and how to use it in various situations. You walk away informed and the process is complete.
- Trust funding guidance: Step-by-step help moving assets into the trust and updating beneficiary designations where appropriate.
- Ongoing support: We stay available for updates, questions, and trustee administration as life changes.
What Customers Say About Elder Law Guidance
“They are very patient to explain complex ins and outs of elder law, Trusts, Powers of Attorney, Wills…”
This reflects our commitment to plain-language guidance, so you can make decisions with confidence instead of confusion. Clients often share that they felt informed and supported at each step.
“They calmed all fears that I had during a traumatic time with my elder mother.”
Families often reach out during stressful moments, and this feedback highlights the steady, compassionate approach we aim to provide. We focus on helping you feel grounded while you sort through next steps.
“They have always treated me with respect…”
Respect and dignity matter in every conversation, especially when sensitive family and financial topics are involved. We work to make sure you feel heard and included throughout the process.
“We clearly understood our various options… and we were able to make a fully informed decision…”
This speaks to clear communication and education, not pressure. Our goal is to help you understand options so you can choose what fits your family’s situation.
“Scott, Sara, Keaton and the entire team are extremely professional and helpful…”
Clients often mention professionalism and helpfulness across the whole team, not just in a single meeting. We prioritize responsiveness and dependable follow-through to reduce uncertainty.
Local Resources For Kentucky Families
- Kentucky Court of Justice
- Kentucky Administrative Office of the Courts
- Kentucky Cabinet for Health and Family Services
- Kentucky Department for Medicaid Services
- Kentucky Department for Aging and Independent Living
- Kentucky Department of Revenue
- Kentucky Office of Vital Statistics
- Kentucky Attorney General – Consumer Protection
- Kentucky Long-Term Care Ombudsman Program
- Area Agencies on Aging and Independent Living (Kentucky)
- Social Security Administration Offices in Kentucky
- U.S. Department of Veterans Affairs Offices in Kentucky
- Kentucky Nursing Home Compare Resources
- Kentucky Probate Court Clerk Offices
- Kentucky Legal Aid Organizations
Get Help With a Trust in Kentucky
If you are thinking about setting up a trust, updating an older plan, or stepping in as a trustee, it is normal to feel unsure about what comes next. A trust can involve family dynamics, long-term care planning, and paperwork that has to be done the right way.
Elder Law Guidance helps Kentucky families slow down, understand their options, and move forward with a plan that fits their goals.
During a conversation, we can walk through the trust type you are considering, what assets might be involved, and how your trust should work alongside a will, powers of attorney, and beneficiary designations. This information is educational, not legal advice for your specific situation, and we will recommend next steps based on what you share.
To request a consultation with Elder Law Guidance, contact us today.
