At Elder Law Guidance, we help Lexington families set up trusts and full estate plans so you understand what you’re signing and why it matters. We’ve guided families through this for more than ten years, earning a 4.9-star rating across 100+ Google reviews and recognition as Super Lawyers Rising Stars.
A trust is a legal arrangement that holds your assets and passes them to the people you choose, often without going through probate, which is the court process that can tie up accounts for months.
Fayette County had roughly 322,570 residents as of 2022, making it Kentucky’s second-largest county, according to the U.S. Census Bureau. Many of those families are weighing the same question you are: do I need a trust, or a will?
We walk you through that answer, with easy to schedule consultations available.
Understanding How Trusts Work in Kentucky
A trust is a legal arrangement where one person, the trustmaker, places assets that are managed by a trustee for a beneficiary. Under KRS Chapter 386B, Kentucky has adopted the Uniform Trust Code, which governs how trusts are created, administered, and ended throughout the Commonwealth.
A revocable living trust lets you keep full control, change it anytime, and pass assets to your family outside of probate. It does not shield assets from Medicaid. An irrevocable trust is harder to change, but it can protect assets from long-term care costs and Medicaid spend-down.
And without a trust, assets typically pass through Fayette County District Court probate, which can mean delays for your spouse and children.
Our Trust Services in Lexington
- Revocable living trust drafting and funding so your family avoids probate and stays out of court
- Irrevocable trust creation for Medicaid eligibility and long-term asset protection
- Special needs trust planning that protects a loved one’s benefits and future
- Trust administration guidance for successor trustees stepping into the role
- Trust amendment and restatement when your family or wishes change
- Pour-over will drafting that works alongside your trust to catch anything left out
- Coordination with Medicaid planning so care costs don’t drain your estate
- Coordination with VA benefits planning and pension for veterans and surviving spouses
- Trustee education and estate planning support so the people you name know exactly what to do
- Review of existing trusts to catch gaps, outdated provisions, or trusts that were never properly funded
Get Trusted Legal Support Today
For straightforward legal advice and representation, contact Elder Law Guidance. Call (859) 544-6012 to schedule your consultation.
What Determines Whether a Trust Will Protect Your Assets in Kentucky
- Funding it. A trust protects nothing until your accounts, real estate, and other assets are retitled into it. An unfunded trust still goes through probate, which defeats the whole point.
- Revocable vs. irrevocable. A revocable living trust avoids probate and keeps you in control, but it does not shield assets from long-term care costs. An irrevocable trust can, but you give up direct control.
- Medicaid timing. The Kentucky Cabinet for Health and Family Services, reviews transfers that occur within the 60-month look-back period when determining Medicaid eligibility. Timing matters.
- The right trustee. Choosing a reliable trustee and successor trustee keeps things running if you can’t.
- A pour-over will. This catches anything you forgot to move into the trust and directs it there.
- Keeping it current. Marriage, divorce, a new child, or new property can all mean your trust needs updating.
Why Choose Elder Law Guidance in Lexington
4.9-star rating across 100+ Google reviews
Families across Central Kentucky point to the same thing, clear answers and no pressure. That steady track record matters more than a single referral.
10+ years focused on families like yours
Elder Law Guidance has guided Central Kentucky families through trusts, wills, and probate planning since 2015. Over a decade of walking people through the same questions you are asking right now.
Recognized as Super Lawyers Rising Stars
Five straight years of peer recognition reflects consistent, respected work. It tells you the conversation you are about to have is grounded in real experience.
Education first
You will understand the difference between a will and a revocable living trust before any paperwork starts. The goal is for you to know the why behind every decision, not just sign where indicated.
Real attention for situations that are not straightforward
Blended families, minor children, a beneficiary with special needs, assets in more than one state: these situations get real attention. Roughly 16.3% of Kentucky’s population is aged 65 or older, according to the U.S. Census Bureau, and thoughtful planning has never mattered more.
Free webinars
We offer free webinars, so you can make informed decisions.
About Elder Law Guidance
Elder Law Guidance has helped families throughout Lexington and Central Kentucky plan with confidence since October 2015.
For more than a decade, the team has guided individuals and families through trusts, wills, Medicaid planning, probate, and long-term care decisions that may involve local institutions such as the Fayette District Court, Lexington-area care facilities, and resources like the Lexington Senior Center and Bluegrass Care Navigators.
The approach is education first, pressure never. Many families arrive unsure whether they need a trust or a simple will, and the goal is to provide a clear answer before any commitment is made. Free educational webinars explain how revocable trusts work and how they may help spouses and children avoid probate delays in Fayette County.
According to the Kentucky Department of Revenue, Kentucky imposes an inheritance tax ranging from 4% to 16%, depending on the beneficiary’s relationship to the person who passed away. Proper estate planning can help Lexington families understand available exemptions and structure their assets more effectively.
Built on military and ministry values, the team replaces anxiety with clarity. If a family is planning ahead, preparing for long-term care, or handling decisions involving a loved one receiving treatment, every client is treated with patience, respect, and personal attention.
Our Process for Lexington Families
1. Start With a Free WebinarLearn the basics of trusts, wills, and probate before committing to anything. Virtual and evening options are available, so you don’t have to take time off work.
2. Meeting
We review your assets, health situation, goals, and who you want to protect. This is where blended families, minor children, or a beneficiary with special needs get real attention.
3. Strategy Recommendation
We explain your best fit in plain language: revocable versus irrevocable, and whether it should coordinate with Medicaid or VA planning.
4. Document Preparation
We prepare your trust agreement, pour-over will, powers of attorney, healthcare directives or other legal documents as needed.
5. Review and Signing
We walk through every document together so you understand exactly what you’re signing and why.
6. Funding the Trust
A trust only works if it’s funded..
7. Ongoing Support
Life changes, and so can your plan. We offer trustee guidance, amendments, and annual reviews.
Frequently Asked Questions About Trusts
Does a revocable living trust actually avoid probate in Kentucky, or is that just marketing?
Yes, but only if the trust is funded. Kentucky probate can tie up assets for months, and a properly funded revocable living trust lets your assets pass to your family without court involvement. The catch is funding: retitling your home, accounts, and other assets into the trust’s name.
What is the actual difference between a will and a trust for a family with young kids?
A will directs who gets what and names a guardian for your kids, but it still goes through probate. A trust handles the same distribution while skipping probate and letting you control how and when your children receive money.
Can a trust protect my assets from Medicaid spend-down in Kentucky?
A revocable living trust does not protect assets from Medicaid, because you still control everything in it. Certain irrevocable trusts can help, but timing can matter a great deal.
How long does it actually take to set up a trust??
Most straightforward trusts take a few weeks from first meeting to signed documents.
Do I still need a will if I have a living trust?
Yes. You still want a will, which acts as a safety net by directing any assets you forgot to fund into your trust at death. It also names guardians for minor children, which a trust alone cannot do.
Can I be my own trustee, or do I have to hand control to someone else?
You can absolutely serve as your own trustee of a revocable living trust while you are alive and able. You keep full control to buy, sell, and change things.
What is trust funding, and why do people say an unfunded trust is worthless?
Funding means retitling your assets into the trust’s name. A trust only controls what it legally owns, so an unfunded trust is like a safe with nothing inside it.
What is a special needs trust, and who actually needs one?
A special needs trust holds money for a loved one with a disability without disqualifying them from benefits like Medicaid or SSI. Families with a child or beneficiary who receives needs-based government support often use one.
What does a trust lawyer cost in Kentucky, and what affects the price?
Cost depends on the situation. Elder Law Guidance reviews and discusses with you your personal situation so you know exactly what you are paying for.
Can an existing trust be changed or updated after a divorce or new marriage?
Often, yes. A revocable living trust may be amended as your life changes, including after a remarriage, a new child, or a move to Kentucky from another state. Reviewing your trust every few years keeps beneficiaries and trustees current.
What Lexington Families Say About Elder Law Guidance
“Very patient to explain the ins and outs of elder law.” – Greenhat C.
Families consistently mention how carefully the team explains things in plain language.
“No pressure, customer focused and understanding.” – Eric B.
No sales push, just clear options and answers.
“They calmed all fears that I had during a traumatic time with my elder mother.” – Stacy B.
Steady reassurance when the situation feels overwhelming.
“Given an appointment according to the days I could attend.” – Victoria B.
Scheduling flexibility that works around your life, not the other way around.
“Scott sat down with us and made us feel very comfortable. There was no pressure.” – V.F.
Real guidance through your options, with room to decide on your own terms.
Local Resources in Lexington for Trusts
- Fayette Circuit Court
Handles probate proceedings, will contests, and related filings for Fayette County residents.
- Fayette County Clerk’s Office
Maintains official property records, deeds, and other instruments affecting real estate title.
- Kentucky Department for Aging and Independent Living
Administers state programs supporting older adults and individuals with disabilities.
- Fayette County PVA
Assesses property values for tax purposes and maintains ownership records countywide.
- Lexington-Fayette Urban County Government
The consolidated city-county government providing local administrative and regulatory services.
- University of Kentucky HealthCare
A major regional medical system whose services often intersect with capacity and healthcare directive decisions.
- Lexington Public Library
Provides public access to legal self-help resources, notary services, and genealogical records.
Ready to Protect Your Family in Lexington
You do not have to figure it out alone, and you do not have to commit to anything today.
Start with one of our free educational webinars. They cover trusts, probate, and asset protection with zero pressure, so you can understand the why before you ever hire us.
With offices in Richmond and London, our approach stays the same: teach first, protect always.
Reach out to Elder Law Guidance to schedule your free consultation.
