Cybersecurity: Is Client Data Safe?

Written by Jim Worthington on October 14, 2018

October is National Cybersecurity Awareness Month and lawyers should be paying attention to the need to protect their clients’ data. In fact, the Kentucky Bar Association released Ethics Op. E-446 on July 20, 2018, affirming the lawyer’s ethical duty to do so. This opinion follows American Bar Association Formal…Read More

How often should I review my will and the rest of my estate plan?

Written by Jim Worthington on September 30, 2018

Clients often ask how frequently they should review their estate planning documents. The answer varies. One should review them after any major events in a family’s life, such as a birth, marriage, change of employment, retirement, divorce, or death.

After the birth of a child, it is very important to nominate…Read More

What happens in Kentucky if I don’t have a will?

Written by Jim Worthington on September 2, 2018

We’ve learned that the Queen of Soul herself, Aretha Franklin, died without a will. For those of you wondering what that means for her family, the answer to that question depends on where she was a resident when she passed.

This article will answer the question for some hypothetical Kentuckians. The…Read More

Living Wills, Health Care Surrogates, HIPAA, and DNRs

Written by Jim Worthington on August 26, 2018

Today’s article starts with living wills and health care surrogates. This article thus completes the discussion that began two articles ago of the full set of documents for the estate plan everyone needs: a will, a revocable trust for some, but not all, as explained in Do I Need…Read More

Do I Need a Trust or Is a Will Enough?

Written by Jim Worthington on August 19, 2018

Many clients call and ask if they need a revocable or living trust? Will it avoid probate, which many believe is a universally bad experience? Will it save taxes? Not everyone needs a revocable trust. Who does?

A revocable trust is not a tax-saving device. Because you retain control over it…Read More

Kentucky’s New Power of Attorney Law: Do I Need a New Power of Attorney?

Written by Jim Worthington on August 12, 2018

Word is getting around that Kentucky has a new power of attorney law. The new law went into effect on July 14th(the same day that most newly passed Kentucky laws went into effect). Among other things, it requires that Kentucky powers of attorney be witnessed by two disinterested persons. The…Read More

HB 11 Passes Both Houses: Power of Attorney Changes on the Way

Written by Jim Worthington on April 14, 2018

Subject to Governor Bevin signing it, Kentucky’s partial adoption of the Uniform Power of Attorney Act will become law. It’s passed both houses of the General Assembly. Among other important changes, it no longer requires that powers of attorney state that they survive a person’s incapacity, adds a two-witness requirement…Read More