Will Attorney in Kentucky

Why Every Kentucky Adult Needs a Will

A will is the foundation of any estate plan. It is a legally binding document that tells the court exactly how you want your property distributed, who should raise your children, and who you trust to carry out your final wishes. Without one, those decisions are made for you by Kentucky statute — and the result is rarely what families would have chosen on their own.

You do not need to be wealthy or elderly to benefit from having a will. If you own a home, have a bank account, drive a vehicle, or have children under the age of 18, a will gives you control over what happens when you are no longer here. At Larmour Law Offices in Georgetown, Kentucky, attorney Ashley Larmour helps individuals and families create wills that are clear, thorough, and tailored to each client’s circumstances.

What Happens if You Die Without a Will in Kentucky

When a person dies without a valid will, they are said to have died “intestate.” Kentucky’s intestacy laws, found primarily in KRS 391.010 and related statutes, dictate how the estate is divided among surviving relatives. The default rules follow a rigid hierarchy that does not account for individual family dynamics or personal wishes.

Under Kentucky intestate succession:

• If you are married with no children, your surviving spouse receives the entire estate (real and personal property).
• If you are married with children, your surviving spouse receives the first $30,000 of personal property plus half the remaining personal property, and a half interest in real estate. The children split the remainder.
• If you are unmarried with children, your children inherit everything in equal shares.
• If you have no spouse and no children, the estate passes to your parents, then siblings, then more distant relatives according to the statutory scheme.

Intestate succession also means the court selects who administers your estate. You have no say in who raises your minor children — that decision falls to a judge. Friends, unmarried partners, stepchildren, charities, and churches receive nothing unless named in a valid will. Drafting a will eliminates this uncertainty and keeps your family out of unnecessary court disputes.

Types of Wills We Draft

Not every situation calls for the same document. At Larmour Law Offices, we prepare several types of wills depending on your needs, assets, and family situation.

Last Will and Testament

This is the most common type of will. A last will and testament names the beneficiaries who will inherit your property, designates an executor (called a “personal representative” in Kentucky) to manage your estate through probate, and can name a guardian for your minor children. Under Kentucky law, a valid will must be in writing, signed by the testator (the person making the will), and attested by two credible witnesses as required by KRS 394.040.

Living Will / Advance Directive

A living will is not a traditional will that distributes property. Instead, it is an advance directive that tells doctors and hospitals what medical treatments you do or do not want if you become terminally ill or permanently unconscious and cannot speak for yourself. Kentucky’s Living Will Directive Act (KRS 311.621–311.643) authorizes these documents and sets out the requirements for their execution. A living will works alongside a healthcare power of attorney to provide comprehensive end-of-life planning.

Pour-Over Will

A pour-over will works in conjunction with a living trust. Any assets that were not transferred into the trust during your lifetime “pour over” into the trust upon your death. This ensures that all of your property is eventually managed and distributed according to the trust’s terms, rather than passing through intestacy. Pour-over wills still go through probate, but they serve as a safety net for trust-based estate plans.

What a Will Covers

A well-drafted will addresses far more than just who gets the house. Here are the key decisions your will should cover:

• Property distribution — Specify which beneficiaries receive which assets, whether real estate, bank accounts, vehicles, personal belongings, or specific dollar amounts.
• Guardian designation for minor children — Name the person you want to raise your children if both parents pass away. Without this designation, a court makes that choice.
• Executor appointment — Choose a trusted individual to manage your estate, pay debts and taxes, and distribute assets according to your instructions.
• Testamentary trusts — Create a trust within your will that takes effect upon your death. This is often used to manage assets for minor children until they reach a specified age.
• Specific bequests — Leave particular items (family heirlooms, jewelry, collections) to specific people, or make charitable gifts to organizations you care about.
• Alternate beneficiaries — Name backup beneficiaries in case your primary beneficiaries predecease you.

Powers of Attorney: Essential Companions to Your Will

Most clients who come to our office for a will also need powers of attorney. While a will only takes effect after death, powers of attorney protect you during your lifetime if you become incapacitated or unable to manage your own affairs.

Healthcare Power of Attorney

A healthcare power of attorney (also called a healthcare surrogate designation) names a trusted person to make medical decisions on your behalf when you cannot do so yourself. This works alongside your living will and ensures that someone you trust — not a court-appointed stranger — is speaking with your doctors and guiding your care.

Financial Power of Attorney

A financial (or durable) power of attorney authorizes someone to handle your financial and legal matters — paying bills, managing bank accounts, filing taxes, handling real estate transactions, and more — if you are unable to do so. Kentucky recognizes both immediate and “springing” powers of attorney under KRS Chapter 457. We recommend a durable power of attorney for most clients because it remains effective even if you become incapacitated.

Together, a will, a living will, a healthcare power of attorney, and a financial power of attorney form the core documents of a sound estate plan. Attorney Larmour typically prepares all four as a comprehensive package for each client.

The Will Drafting Process

Working with a will attorney does not have to be complicated or intimidating. Here is what you can expect when you work with Larmour Law Offices:

1. Initial consultation — We discuss your family situation, your assets, and your goals. This conversation helps us understand what documents you need and how to structure them.
2. Information gathering — You provide details about your property, beneficiaries, chosen guardians, and preferred executor. We may ask you to fill out our estate planning intake form in advance to save time.
3. Drafting — Attorney Larmour drafts your will and any accompanying documents (powers of attorney, living will, etc.). We send you a draft to review before the signing appointment.
4. Review and signing — You come to our Georgetown office for a signing appointment. We walk through every document, answer questions, and execute the documents with proper witness and notary requirements.
5. Safekeeping — We provide you with original signed documents and discuss storage options. Many clients choose to file their will with the county clerk or keep it in a fireproof safe.

When to Update Your Will

A will is not a “set it and forget it” document. Kentucky law allows you to revoke or amend your will at any time through a codicil or by executing a new will. We recommend reviewing your will whenever a significant life event occurs, including:

• Marriage or divorce (under KRS 394.092, divorce automatically revokes provisions in favor of a former spouse)
• Birth or adoption of a child or grandchild
• Death of a beneficiary, executor, or named guardian
• Significant changes in assets (purchasing or selling a home, receiving an inheritance, starting a business)
• Moving to or from Kentucky (estate laws vary by state)
• Changes in tax laws that affect estate planning strategies

Even without a triggering event, we recommend reviewing your will at least every three to five years to make sure it still reflects your wishes and current circumstances.

Will vs. Trust: Which Do You Need?

Clients often ask whether they need a will, a trust, or both. The answer depends on the size of your estate, your privacy preferences, and your planning goals.

A will goes through probate, which is a public court process. It is simpler and less expensive to create, and it is sufficient for most families. A trust avoids probate entirely, keeps your asset distribution private, and can provide ongoing management of assets for minor children or beneficiaries with special needs. However, trusts cost more to establish and require you to transfer assets into the trust during your lifetime to be effective.

For most Central Kentucky families, a comprehensive will package — including powers of attorney and a living will — provides strong protection at a reasonable cost. If your estate is larger, involves real property in multiple states, or includes a family business, a trust-based plan may be the better fit. Attorney Larmour can help you evaluate the right approach during your consultation.

Common Mistakes in DIY Wills and Online Forms

Online will templates and DIY legal services have made it easier than ever to create documents — but easier does not mean better. We regularly see wills drafted without professional guidance that contain problems such as:

• Improper execution — Kentucky requires two attesting witnesses under KRS 394.040. Many DIY wills are not witnessed correctly, making them invalid.
• Ambiguous language — Vague descriptions of property or beneficiaries create disputes. Saying “my jewelry goes to my daughters” without specifying which pieces go to whom leads to conflict.
• Failure to address all assets — A will that only mentions a house and bank account leaves everything else to intestacy rules.
• No residuary clause — Without a catch-all provision for assets not specifically listed, those assets pass as if there were no will at all.
• Conflicting beneficiary designations — If your will says one thing but your retirement account beneficiary form says another, the beneficiary form usually wins. An attorney ensures consistency across all your documents.
• Outdated forms — Generic templates may not comply with current Kentucky statutes or may include provisions that are unenforceable in this state.

The cost of fixing a defective will after someone has passed away — through will contests, probate litigation, or intestacy proceedings — far exceeds the cost of having it done correctly the first time.

Cost of Drafting a Will in Kentucky

The cost of having an attorney draft your will in Kentucky depends on the complexity of your estate and the documents you need. As a general guideline:

• A simple will for an individual typically costs between $300 and $800.
• A comprehensive estate planning package (will, living will, healthcare power of attorney, and financial power of attorney) is often priced as a bundled flat fee.
• Complex estates involving trust provisions, blended families, business interests, or property in multiple states will cost more depending on the work involved.

At Larmour Law Offices, we provide transparent pricing and discuss fees upfront so there are no surprises. We believe every family deserves access to quality estate planning, which is why we also offer discounted rates for qualifying clients (see below).

Serving Families Across Central Kentucky

Larmour Law Offices is based in Georgetown, Kentucky, and serves clients throughout Central Kentucky. Our will attorney regularly works with families from the following counties:

• Scott County — Georgetown, Sadieville, Stamping Ground
• Fayette County — Lexington
• Woodford County — Versailles, Midway
• Bourbon County — Paris, Millersburg
• Franklin County — Frankfort
• Jessamine County — Nicholasville, Wilmore
• Harrison County — Cynthiana
• Anderson County — Lawrenceburg
• Nicholas County — Carlisle
• Mason County — Maysville

Whether you are searching for a “will attorney near me” or a “wills lawyer near me” from any of these communities, Larmour Law Offices provides accessible, knowledgeable estate planning services within a short drive of your home.

Discounts for Service Members, First Responders & Professionals

We are proud to offer discounted estate planning rates for the men and women who serve our communities. Qualifying individuals include:

• Active-duty military members and veterans
• Nurses and healthcare workers
• Teachers and educators
• Police officers and law enforcement
• Firefighters and EMTs
• CDL (commercial driver’s license) holders

We also accept ARAG legal insurance, which may cover all or a portion of your will and estate planning costs. If you have ARAG coverage through your employer, contact our office and we will verify your benefits before your appointment.