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A will decides who receives what you own. A trust decides how and when. Powers of attorney and health care directives decide who acts for you while you are alive but unable to. Bunch & Brock’s estate planning attorneys in Lexington have drafted these documents for Kentucky families since 1976 — and every one we prepare today is written to the law as rewritten in 2026. Call (859) 254-5522.
Kentucky enacted the largest revision of its wills, trusts, and probate statutes in decades with Senate Bill 50, effective July 15, 2026. Electronic wills and electronic estate planning documents are now valid, a surviving spouse’s rights now reach assets held in trust and passing by beneficiary designation, and Kentucky now permits a form of self-settled asset protection trust it did not allow before. A plan drafted under the old law is not necessarily wrong, but it was not built for the rules that now apply. This page explains what each document does and how we put them together.
Wills
A will is the foundation of every plan, and for many Kentucky families it is the whole plan. A properly drafted will:
- names the executor who will settle your estate and, if you choose, gives that executor a power to sell real estate without a court order;
- names a guardian for minor children — the single most important clause for young parents — and can direct that a child’s inheritance be held in trust rather than handed over at 18;
- disposes of the probate assets: property in your sole name with no beneficiary designation;
- is self-proved by affidavit, so the witnesses never have to be located after your death.
To be valid, a Kentucky will must be in writing, signed by the testator, and — unless entirely in the testator’s own handwriting — signed by two witnesses in the testator’s presence. Since July 2026 an electronic will that meets the requirements of the Uniform Electronic Wills Act is equally valid. Notarization is not required; what the notary provides is the self-proving affidavit. Our Richmond page explains what makes a will valid, what revokes one, and what happens when one is lost.
Two things a will does not do. It does not control assets that pass by beneficiary designation, survivorship, or trust — so a will and a set of beneficiary forms that contradict each other produce exactly the fight the will was meant to prevent. And it does not fully disinherit a surviving spouse, who retains a statutory exemption and the right to renounce the will; our Winchester page explains those rights.
We do not prepare joint wills. A single will signed by both spouses becomes contractual and, in practice, irrevocable when the first spouse dies, which binds the survivor to a plan made years earlier. Two coordinated wills accomplish the same goal without the trap.
Trusts
A trust is an arrangement in which a trustee holds property for the benefit of others under written terms. Kentucky trusts are governed by the Kentucky Uniform Trust Code, KRS Chapter 386B. The kinds we prepare most often:
Revocable living trust. You create it, fund it, serve as trustee, and change or revoke it at will. At death, a successor trustee distributes the property under the trust’s terms without probate. It is the right tool for people who own real estate in more than one state, want privacy, want a smooth handoff if they become incapacitated, or want to control distributions to children or grandchildren over time. It is not a tax-saving device, and since July 2026 it does not defeat a surviving spouse’s statutory share — revocable trust assets are now expressly counted in the spouse’s “surplus personalty.”
Testamentary trust. A trust created inside a will, funded only at death. The usual purpose is to hold a minor child’s inheritance under a trustee of the parents’ choosing, past the age of 18 if the parents wish, instead of a court-appointed conservator who must turn everything over at 18.
Special needs trust. Holds assets for a beneficiary with a disability without disqualifying them from Medicaid or Supplemental Security Income. Drafting must track the federal and Kentucky program rules precisely.
Irrevocable trust. Once funded, the settlor generally cannot revoke it or take the property back — which is the point. Irrevocable trusts are used for life insurance ownership, Medicaid planning, gifting to descendants, and charitable planning. They are not appropriate for everyone, and the trade-off in control is permanent.
Kentucky asset protection trust. New in 2026: Kentucky now permits an irrevocable, spendthrift “qualified trust” that can shield transferred assets from most future creditors of the person who created it, provided the trust has a Kentucky-resident or Kentucky-supervised trustee, the settlor signs a sworn affidavit of solvency and good faith at the time of the transfer, and the transfer is not made to defraud an existing creditor. The protection does not extend to child support, spousal maintenance, marital property division, or debts secured before the transfer, and it does not defeat a surviving spouse’s rights. This is a specialized tool for business owners and professionals with real liability exposure; we will tell you plainly whether it fits.
Charitable and pet trusts. Kentucky law recognizes both. A charitable trust can be structured to provide income to the family for a term and the remainder to a charity, or the reverse.
Powers of Attorney and Health Care Directives
The documents that matter most during your lifetime are the ones the old version of this page barely mentioned:
- Durable financial power of attorney under KRS Chapter 457, Kentucky’s Uniform Power of Attorney Act. It lets the agent you choose manage your finances if you cannot. Without one, your family’s only option is a guardianship or conservatorship proceeding in District Court.
- Living will directive under KRS 311.621 to 311.643, stating your wishes about life-prolonging treatment and artificially provided nutrition and hydration. This is a health care document, not a type of will.
- Health care surrogate designation, naming the person who makes medical decisions for you when you cannot. We prepare these for every client, and we explain what the surrogate can and cannot decide.
Since July 2026, each of these can be signed and stored electronically under Kentucky’s Uniform Electronic Estate Planning Documents Act.
What a Complete Kentucky Estate Plan Looks Like
For most clients the plan is five documents, prepared together so they do not conflict: a will (or a revocable trust with a pour-over will), a durable financial power of attorney, a living will directive, a health care surrogate designation, and a review of every beneficiary designation and property title so that the non-probate assets do what the plan intends. For married couples that means two of each; for parents of minors it means a guardianship nomination and a trust for the children’s share; for owners of land or a business it usually means a power of sale or a succession plan; for blended families it may mean a prenuptial or postnuptial agreement that defines the spouse’s share.
Kentucky has an inheritance tax, but spouses, children, grandchildren, parents, and siblings are exempt; more distant relatives and unrelated beneficiaries are taxed, and a plan that leaves property to a niece, a nephew, or a friend should account for it. Kentucky has no estate tax, and the federal estate tax reaches only estates well above $10 million per person.
Frequently Asked Questions
Do I need a trust, or is a will enough? For many Kentucky families a self-proved will plus coordinated beneficiary designations is enough, and it is less expensive to prepare and maintain. A trust earns its cost when there is out-of-state real estate, a desire for privacy, a beneficiary who should not receive property outright, or a likelihood of incapacity before death.
Does a living trust avoid Kentucky inheritance tax? No. Inheritance tax depends on who receives the property, not on whether it passed through probate.
I made a will years ago. Is it still good after the 2026 changes? Probably valid — the changes did not invalidate existing wills. But its assumptions about the spouse’s share, trust assets, and electronic documents may be out of date, and an executor or guardian named years ago may no longer be the right choice. We review older plans for a flat fee.
Can I sign my will electronically? Yes, if it meets the Uniform Electronic Wills Act, including two Kentucky-resident witnesses physically in Kentucky. For most clients a signing at our office is simpler.
Do you make house calls? Yes, for clients who cannot travel, throughout Central Kentucky.
What does an estate plan cost? We quote a flat fee at the first meeting once we know what documents you need. A plan for most individuals and couples costs less than a single month of a contested probate.
Call Our Kentucky Wills and Trusts Attorneys
Bunch & Brock was founded in Lexington in 1976 by Kentucky attorneys W. Thomas Bunch and Dan D. Brock, Jr., and is in its fiftieth year of serving Central Kentucky. Mr. Bunch’s sons, Tom Bunch II and Matthew Bunch, carry the practice forward today. When you call, you speak with an attorney — and the attorney who meets with you is the one who drafts your documents.
To put a plan in place, or to have an existing one reviewed against the 2026 law, call (859) 254-5522 or contact us online.
This page is provided for general information and is not legal advice. Kentucky estate planning law changed substantially on July 15, 2026. Please consult an attorney about your specific situation.
Our Estate Planning Attorneys
Attorney Tom Bunch II — Tom’s practice centers on Kentucky estate planning, probate, and estate administration, together with debtor-creditor matters and extensive experience in Chapter 7, 11, 12, and 13 bankruptcy cases. He drafts wills, trusts, powers of attorney, and health care directives for individuals and families at every stage. Attorney bio
Attorney Matthew Bunch — Matt is the firm’s lead litigator and handles will contests, trust disputes, trust and estate litigation, and complex bankruptcies and debt restructuring. Attorney bio
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
