At Elder Law Guidance, we help Kentucky families protect what they’ve worked their whole lives to build. Most people who don’t have a will yet aren’t careless. They just weren’t sure they needed one, or figured a will was only for wealthy people with big estates. That’s not true.
If you own a home, even a paid-off one, a will matters. For over a decade, our team has guided Kentucky families through this process, earning a 4.9-star rating across 100+ Google reviews.
A will is a simple legal document that puts your wishes in writing. It tells the court who gets your home, your savings, and anything else you leave behind. Without one, your family doesn’t get to decide. Kentucky’s default rules do.
Under Kentucky Revised Statutes § 391.010, dying without a valid will means Kentucky’s intestate succession law controls who gets your property. A surviving spouse does not automatically inherit everything. Children and other heirs may receive a share too.
We offer flat-fee pricing, and a first conversation that’s free, low-pressure, and all about answering your questions.
What Kentucky Clients Say About Elder Law Guidance
“Very patient to explain the ins and outs of elder law” – Greenhat C.
That’s what guidance looks like when someone takes the time to make sure you understand.
“No pressure, customer focused and understanding” – Eric B.
No sales pitch, just answers. That’s exactly how the first conversation should feel.
“They calmed all fears that I had during a traumatic time with my elder mother.” – Stacy B.
Steady, reassuring help when a family needs it most.
“There was no pressure. We went over the options we had and the things he could help us with.” — V.F.
Families get a clear look at their choices before deciding anything.
“They have always treated me with respect…” – Stacy B.
Respect and dignity for every family, no matter the size of the estate.
Our Will Services in Kentucky
- Drafting your last will and testament
- Naming the person you trust to carry out your wishes, plus a backup
- Choosing guardians for children who are still minors
- Setting up a trust inside your will to protect money for your kids
- Making sure your will matches your beneficiary and transfer-on-death accounts
- Reviewing and updating a will you already have
- Advising on pour-over wills that connect to a revocable living trust
- Walking you through the signing so your will is valid under Kentucky law
- Fitting your will into a full plan with powers of attorney and advance directives
How Kentucky Will Law Determines What Happens to Your Estate
If you die without a will in Kentucky, the state decides who gets what, not you. This surprises a lot of people. You do not need a big bank account or a fancy home to need a will. If you own a house, even a paid-off one, you have something worth protecting.
Kentucky’s default rules live in KRS Chapter 394. When there is no will, those rules split your property by family relationship. Your spouse gets a share, and your children split the rest. A stepchild you raised and loved may get nothing under these rules, because the law only counts blood or legal ties.
A verbal promise does not hold up either. Telling your kids what you want is not the same as putting it in writing.
To be valid in Kentucky, a will must meet clear rules under KRS 394.040. You must be at least 18 and of sound mind. The will must be written down, signed by you, and witnessed by two people. Kentucky does not accept handwritten wills without witnesses.
According to the Kentucky Department of Revenue, Kentucky is one of only six states that still collects an inheritance tax, with rates between 4% and 16% depending on the heir’s relationship to the person who passed away. A closer family pays less, which is one more reason to plan on purpose.
Why Choose Elder Law Guidance for Your Kentucky Will
We explain the why, not just the paperwork
You’ll understand what every part of your will does, without legal jargon.
We know Kentucky families like yours
Under Kentucky Revised Statutes § 394.380, a surviving spouse is entitled to one-half of the surplus estate, so a Kentucky will cannot legally cut a spouse out entirely. We build your will around real Kentucky rules and your real wishes.
Ten years earning trust
We’ve helped Kentucky families for over a decade, with a 4.9-star rating across 118 Google reviews from everyday people. We’re also recognized as Super Lawyers Rising Stars since 2021.
Learn first, no pressure
Free educational webinars let you understand your options before you ever hire anyone. The first conversation is about answering your questions, not selling you anything.
What Your Will Can and Cannot Control in Kentucky
Your will can:
- Say who gets the property that goes through court after you’re gone
- Name the person who carries out your wishes, called an executor
- Name a guardian to raise your minor children
- Set up a trust to protect a child or dependent with special needs
- State your funeral wishes
Your will cannot control property that already has someone’s name on it to receive it. That includes:
- A home or land owned jointly with right of survivorship
- Life insurance with a named beneficiary
- Retirement accounts like an IRA or 401k with a named beneficiary
- Bank accounts marked payable-on-death or transfer-on-death
- Anything already placed in a living trust
Your biggest assets often pass outside your will entirely. Your will and your beneficiary forms need to work together, or your wishes can be undone.
About Elder Law Guidance
Since 2015, our work has centered on the simple goal of making sure the home you paid off and the things you worked for end up where you want them, not tangled in court or lost to a fight. We’ve helped Kentucky families for more than a decade.
Most people who come to us are retirees, farmers, widows, and homeowners who put this off because it felt costly or out of reach. We meet you where you are and explain things clearly, so you understand the why, not just the paperwork.
Under Kentucky Revised Statutes § 394.020, you must be at least 18 and of sound mind to make a valid will in Kentucky, with a narrow exception for military personnel.
Our free educational webinars let you understand wills, trusts, and Medicaid before you ever hire us. No pressure, just answers.
Our Process for Drafting Your Kentucky Will
1. Free First Conversation
We start by listening. You tell us about your family, your home, and what you want to leave behind. This first call is free, and you can do it by phone or video.
2. Clear Education
We explain how Kentucky law treats your specific family. If you have kids from a first marriage or a stepchild you raised, we walk through exactly what happens with or without a will.
3. Designing Your Will
Together we name who gets what, who you trust to carry out your wishes, and a guardian for any young children. Your wishes lead every choice.
4. Review and Revise
You read a plain draft. We answer every question and make changes until it fits your situation.
5. Signing the Right Way
We guide the signing with two witnesses and a notary. This creates a valid Kentucky will your family can use without extra court hurdles.
6. Fitting the Pieces Together
We make sure your will lines up with your life insurance, power of attorney, and any trusts.
7. We Stay in Reach
Life changes. We are here when your will needs updating.
Frequently Asked Questions About Wills in Kentucky
What actually happens to my house and savings if I die without a will in Kentucky?
Kentucky’s default rules take over and the state decides who gets what. These rules split your property among relatives in a set order, which often does not match your wishes.
Does Kentucky recognize a handwritten will I wrote myself at the kitchen table?
Yes. Kentucky allows a handwritten will, called a holographic will, if it is entirely in your own handwriting and signed by you. It does not need witnesses.
My family already knows what I want. Isn’t a verbal agreement good enough in Kentucky?
No. A verbal promise about who gets your home or savings is not legally binding in Kentucky.
What makes a will legally valid in Kentucky?
You must be at least 18 and of sound mind, meaning you understand what you own and who your family is. The will must be in writing and signed by you.
Can I really leave my house to whoever I want, or does my spouse get a share no matter what?
You cannot fully cut out a surviving spouse in Kentucky. State law gives a spouse the right to claim a portion of your property, even if the will says otherwise.
Do I really need a lawyer to write a will in Kentucky, or is an online form fine?
You are not required to hire a lawyer, but online forms often fail Kentucky’s rules or leave gaps that cause problems later. At Elder Law Guidance, we handle the details so your will holds up.
How do I change my will later if my family situation changes?
You update it by signing a new will or adding a signed, witnessed amendment called a codicil. Never cross things out or write in the margins, since that can void the whole document.
What is an executor and how do I pick the right one?
An executor is the person who handles your affairs after you are gone, paying final bills and passing things on to your family. Choose someone you trust who is organized and comfortable with paperwork.
If I die without naming a guardian, who decides where my minor children go?
A Kentucky court decides, and it may not choose the person you would have picked. Naming a guardian in your will lets you say who raises your children if something happens to you.
How long does the court process take in Kentucky after someone passes away?
Probate, the court process your family goes through after you are gone, usually runs six months to a year in Kentucky district court, sometimes longer if there are disputes. A clear, valid will keeps things simpler and faster.
Local Resources in Kentucky for Estate Planning and Elder Law
- Kentucky Cabinet for Health and Family Services
State agency overseeing Medicaid and benefits programs that can affect estate planning decisions. - Kentucky Secretary of State
State office responsible for business entity filings and notary public commissions. - Kentucky Department of Revenue
Administers state tax matters including inheritance and estate-related tax obligations. - Kentucky Bar Association
Professional association that regulates attorney licensing and provides public attorney referral resources. - Kentucky Legal Aid
Nonprofit organization providing free civil legal assistance to low-income residents across the state. - Vital Statistics Branch, Kentucky Cabinet
Issues certified copies of birth and death certificates often required during estate administration. - Northern Kentucky Area Development District
Regional planning body offering elder care coordination and community services for aging residents. - Kentucky Long-Term Care Ombudsman
Advocates for residents of nursing facilities and assists families navigating long-term care decisions.
Ready to Create Your Kentucky Will
If you own a home, have savings, or have kids you want taken care of, a will matters. Most Kentuckians without one just weren’t sure they needed it, and that’s exactly why we start with a free conversation.
You don’t have to figure this out alone, and you don’t have to drive an hour to get started. With offices in Richmond and London, our first conversation is free, low-pressure, and all about learning.
Schedule a consultation or join a free educational webinar and learn before you ever decide to hire anyone.
