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Articles Tagged with lawyer

By Sarah Jarboe, Partner
English, Lucas, Priest and Owsley LLP

lead paintLast month, news outlets reported that HGTV stars Chip and Joanna Gaines’ company would pay a $40,000 fine for violating the Toxic Substances Control Act (TSCA) Lead Renovation, Repair and Painting Rule (“RRP Rule”) on work sites. The fines are a result of an Environmental Protection Agency (“EPA”) review of the HGTV show, Fixer Upper, which showed workers on their renovation sites violating EPA regulations.

Magnolia Homes, the Gaines’ company, took immediate steps to rectify problems when first contacted by the EPA in 2015, the EPA said in a statement. Beyond the $40,000 fine, Magnolia Homes will spend $160,000 to abate lead paint in homes in Waco, Texas, where the couple and Magnolia Homes are based.

This large expenditure could have been avoided with good legal advice and sound work practices.

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By Leah Morrison, Attorney
English, Lucas, Priest and Owsley, LLP

Leah Morrison

Leah Morrison, attorney

One of the most frequent reasons clients tell me they want to create a will, trust, or other estate documents is to avoid probate. People have come to see probate as an unduly burdensome process that can cost a lot of money and time, but in Kentucky, it’s not as bad as you might fear.

Before we delve into it, let’s take a moment to review what probate is. Probate is the legal process by which the financial affairs of a deceased person are concluded. It is a court supervised process in which assets are accumulated and distributed in accordance with the decedent’s will or pursuant to the statutory plan of descent, and debts are gathered for payment. Although, in Kentucky, the supervision provided by the court is often times very minimal.

While Kentucky’s probate laws are sufficient to ensure the deceased person’s assets are properly managed and distributed to the appropriate person, the requirements of the probate process are minimal enough that most people navigate it smoothly without incident.

The one thing, though, to know is that probate does make your will public. Your will becomes a public document that is recorded in the court system, and is available to anyone who wishes to view it.

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