Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Kentucky. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution
February 2, 2021
If you or a loved one lives in Kentucky, there are a number of important forms, documents, resources, and specific state laws you should be aware of. Whether you’re handling a guardianship of an elderly person, or just want to know how probate court or inheritance law works, continue reading for some of the more important documents and laws you should know about for the state of Kentucky.
Kentucky law lists the following standards as law related to the retention of medical records:
In Kentucky, you have a right to access and view your medical records. You also have a right to request an amendment and add information to your medical records. After you submit an amendment, a provider has 60 days to respond. Depending on the nature of the medical records, certain information may not be eligible for amendment.
Medical providers cannot charge more than $1 per page when requesting medical records. This fee only applies to a second copy that is being requested, The first copy of medical records is free.
In Kentucky you are able to fill out a packet for a living will that is issued by the Attorney General’s office. The packet also includes information for a healthcare surrogate, which is equivalent to a medical power of attorney. The living will also requires signing in front of two witnesses or a notary.
DNRs are allowed in Kentucky per Kentucky statutes 311.623. It is the full responsibility of the patient or their healthcare surrogate to request a DNR order. The patient must sign the form in front of two witnesses or a notary public. The patient will receive a DNR bracelet.
You can download a standard DNR form here.
A health care surrogate can be designated in Kentucky to make important medical decisions for you. This statute spells out the powers of a health surrogate in Kentucky.
For estates under $15,000, probate is not required unless there is real property involved. Additionally, a small estate affidavit may be filed to avoid probate court. A person may also have a revocable living trust which allows them to bypass probate.
If the probate process does occur for a decedent’s estate, there may be either a formal or informal settlement. An informal settlement occurs when there are only possible minor inheritance issues. Formal settlements are complex and expensive, they occur when significant inheritance issues arise.
If you die without a will, your estate will be transferred to your closest relatives under Kentucky’s intestate succession laws. In Kentucky, this applies only to assets that would have otherwise been in a will.
Kentucky probate filing fees vary from county to county. Check with your county clerk to discover the filing fee.
Kentucky does not have legislation pertaining to digital estates. If you wish to include the property in digital estates in your will, contact your attorney.
Death certificates can be acquired from this Kentucky government website. The State of Kentucky has death records on file going back to 1911. A person may file a request to perform genealogical research on death certificates. Kentucky law requires you to present the death certificate to the medical provider in charge of the decedent’s care within five days of their death.
Kentucky does not have an estate tax, but Kentucky does have an inheritance tax or a gift tax, There are three classes of relationships that beneficiaries are categorized in. The categories are titled Class A, Class B, and Class C.
Review this booklet for additional information on the inheritance tax, including a table that provides more detail on the ascending tax levels. The State of Kentucky has published this tax booklet to help you with your inheritance tax forms.
Be aware that you are still responsible for federal taxes on an inheritance.
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