By Hemmer DeFrank Wessels PLLC | Published August 15, 2021 | Posted in Wills & Probate | Tagged Tags: estate administrator, executor, personal liability, personal representative |
When Can a Personal Representative of an Estate be Held Personally Liable?
A personal representative is someone charged with handling the administration of a decedent’s estate, whether as an executor under a will or as a court-appointed administrator if the decedent had no will. The personal representative must carry out his or her role in accordance with Kentucky law. In certain circumstances, failure to adhere to relevant Read More
Read MoreCoronavirus Relief Bill Temporarily Expands Family and Medical Leave
The Families First Coronavirus Response Act (FFCRA), enacted as part of the national response to COVID-19, requires employers to allow employees expanded family and medical leave for reasons related to the coronavirus. The new law temporarily expands the reach of the Family and Medical Leave Act (FMLA), which applies to all private employers with at Read More
Read MoreWhat You Should Know About Kentucky Medical Records Laws
What You Should Know About Kentucky Medical Records Laws Medical records typically contain personal information that care providers must keep private in accordance with federal and state law. In most cases, only patients and their care providers may access these records without written permission. Although most of these rules come from federal laws like the Read More
Read MoreWhat Makes for a Valid Living Will in Kentucky?
A living will is a legal document that allows patients to provide healthcare providers with an outline of their wishes in the event they become incapacitated and unable to communicate their wishes themselves. The document often contains a provision for a person to be designated as healthcare power of attorney. This individual can speak on Read More
Read MoreEmployers’ Responsibility for Health Insurance in Kentucky
There is no law in Kentucky that requires employers to provide group health insurance to their employees. While most employers do provide this benefit, there is no government regulation or entity forcing them to do so. There are, however, state laws that require employer-provided policies to cover specific services. These required coverages are known as Read More
Read MoreHow Medical Malpractice Works in Kentucky
In Kentucky, medical malpractice occurs when a healthcare professional (such as a doctor, nurse or other hospital staff member) is medically negligent, leading to injury for a patient. Medical negligence arises from any acts or failures to act that fall below the standard of care expected of competent medical professionals. To determine if the action Read More
Read MoreThe Kentucky Fairness in Construction Act and Its Effect on the Construction Industry
In 2007, then-governor Ernie Fletcher of Kentucky signed the Kentucky Fairness in Construction Act into law. The goal of the legislation was to “level the playing field,” as legislators put it, between owners and contractors. It has had wide-reaching effects on the construction industry in several specific areas. Therefore, all owners and contractors must be Read More
Read MoreWhat’s Included in the Kentucky State Plan for Occupational Safety and Health?
The Kentucky State Plan for Occupational Safety and Health has been in effect for more than 32 years. It applies to all private-sector workplaces in the state, with a few exceptions. These exceptions include: Maritime jobs, such as shipyard employment, longshoring and marine terminals Employment at military bases, Tennessee Valley Authority facilities and other properties Read More
Read MoreEmployer Responsibility for Workers’ Compensation in Kentucky
The Kentucky Workers’ Compensation Act (WCA) lists the requirements for employers related to workers’ compensation. The benefits themselves are administered by the Kentucky Department of Workers’ Claims (DWC), which also enforces each employer’s compliance with the WCA. The vast majority of employers in Kentucky must comply with the WCA. Employers are subject to the legislation Read More
Read MoreWhat Does Kentucky Law Say About General Contractor Liability for Faulty Construction?
How much liability, if any, do general contractors have for faulty construction when subcontractors are also involved in a project? The answer to this question depends not just on the circumstances of the case but also on the state where the project is taking place. In recent years, Kentucky law has been tougher on general Read More
Read More
