Tilford Dobbins & Schmidt, PLLCTilford Dobbins & Schmidt, PLLC2026-09-19T14:05:42Zhttps://www.tilfordlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602252/2020/11/cropped-favicon-32x32.jpgOn Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Addressing student loans during a divorce]]>https://www.tilfordlaw.com/?p=487162026-09-19T14:05:42Z2026-09-19T14:05:42ZDebts often need to be divided during a divorce. People often think about their assets first, which is natural. But they also have to split up things like shared credit card debt, car loans or even the balance of a home mortgage. This is why a lot of couples simply sell the house, so that they can pay off the mortgage and keep any remaining money from that sale.
But what about student loans? These can get a bit more complicated because it often depends on when they were taken out.
Loans from before the marriage
Often, married couples will each have loans that they took out, but they did so years before they ever got married. These are often treated as separate debts. The person who took them out is still responsible for paying them back, but their spouse does not have to split those debts or take on any responsibility themselves, even after the divorce.
Loans from during the marriage
Where things get complex is if the couple took out loans while they were already married. These may qualify as joint financial obligations, especially if shared funds were used to make monthly payments. If the debt is considered to be shared, then it does have to be divided, even though only one of the people was actually attending college.Another thing to look for is if the spouse who was not attending school co-signed on the loan. That gives them equal responsibility for that debt, despite the fact that they are not a student.
Splitting up debts and assets
When going through property division, it is important for couples to consider both assets and debts. When this process gets complicated, it is crucial that they understand exactly what legal steps to take.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Does at-will mean an employee cannot be wrongfully terminated?]]>https://www.tilfordlaw.com/?p=487142026-09-03T15:54:49Z2026-09-03T15:54:49ZThere are two general categories for most workers. They are either contractual workers who have signed a specific employment agreement, or they are at-will employees.When an employee is classified as at-will, it means there is no specified end date to that business relationship. The employee is fully within their legal rights to quit at any time. Likewise, their employer can terminate their position at any time. Employees who have contracts often have more protections, such as stating that they need to be fired for specific reasons or that their employment with the company will last for a set amount of months or years.
Wrongful termination is still possible
Because at-will employees can be let go at any time, employers sometimes believe that it is impossible for this to be a wrongful termination. If they abruptly fire a contractual worker but cannot show cause or violate the terms of the contract, that worker may be able to seek legal recourse. But because an at-will employee does not have a contract, this situation cannot occur.However, wrongful termination is still possible when it violates the employee’s rights. For instance, discrimination is illegal based on protected classes like age, religion, gender, race and much more. If an employee is fired because they are in one of these protected classes, it can still be a wrongful termination.Similarly, employees have a right to take certain actions, such as reporting sexual harassment in the workplace. If an employer retaliates by terminating that position, or threatens to fire the worker if they speak up about this misconduct, that can also be a wrongful termination.It is important to understand that wrongful termination can happen even without a dedicated employment contract in place. Those involved in these types of disputes need to know exactly what legal options they have.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[What happens when a Kentucky LLC member wants to leave?]]>https://www.tilfordlaw.com/?p=487132026-09-01T05:39:05Z2026-09-01T05:39:05ZWhen another member of your Kentucky limited liability company (LLC) says they want out, the first reaction may be uncertainty. What happens to their share of the business? Does the company have to buy them out? Can they simply resign? The answers often depend on how you structured your LLC and what your operating agreement says.
Check what your operating agreement says
Start with the operating agreement. It may explain how a member can leave, how much notice they must give and whether the company or other members can purchase their interest.It may also spell out how to value that interest and what happens to the departing member’s voting rights. Clear rules like these can make building a business with others easier when ownership changes.
Find out whether the member can resign
Kentucky law treats member-managed and manager-managed LLCs differently. Under the state’s rules for member resignation, a member of a member-managed LLC can generally resign by giving 30 days’ written notice, unless the operating agreement changes that rule.In a manager-managed LLC, resignation generally requires the consent of the other members unless the agreement provides another process. That makes it important to confirm your company’s management structure before anyone takes action.
Understand what happens to their ownership share
Leaving the LLC does not necessarily mean the departing member gives up every financial interest in the business. Kentucky law generally treats a former member as an assignee of the ownership interest after resignation.The rights after an assignment can include receiving distributions connected to that interest, even though the former member may no longer participate in managing the company. Your operating agreement may change some of these default rules.
Determine whether a buyout is required
A resignation does not automatically mean the LLC must write the departing member a check. If your operating agreement includes a buyout provision, it may already tell you how to calculate the member’s interest and when payment should occur. Without that provision, the remaining members may need to negotiate whether the company or another owner will purchase the interest.
Deal with debts and personal guarantees
Ownership is only part of the picture. Review loans, leases and other contracts that involve the departing member personally. For example, if that member guaranteed a company loan, leaving the LLC usually does not erase the guarantee. The lender may have to agree before the member can walk away from that obligation.
Make the ownership change official
Once you know how the departure will work, put the details in writing. Update ownership records, banking authority and the operating agreement when necessary. You may also need to review state filings if the change affects information already on record. Handling these details carefully can help the remaining owners understand who controls the company, who receives future distributions and which obligations still need attention.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Can you contest a person chosen as an estate administrator?]]>https://www.tilfordlaw.com/?p=487122026-08-22T23:03:18Z2026-08-22T23:03:18ZWhy would someone challenge an estate administrator?
An administrator occupies a position of trust. In Kentucky probate proceedings, possible grounds for an objection can include:
Legal ineligibility: Kentucky law may restrict who is qualified to serve in certain circumstances, such as issues involving residency, criminal history or priority of appointment.
Conflict of interest: A serious personal or financial conflict may raise questions about whether the administrator can handle estate matters impartially under Kentucky probate standards.
Mismanagement of assets: Selling property improperly, failing to safeguard estate assets or engaging in questionable transactions can justify court scrutiny.
Breach of fiduciary duties: An administrator who uses estate property for personal benefit or fails to comply with court-ordered responsibilities may be subject to challenge or removal.
The strength of an objection usually depends on the facts and on how Kentucky probate law applies to the specific circumstances of the estate.
If you have concerns about a person selected to administer a loved one’s estate, consider discussing the situation with a legal professional. They can help you determine whether a formal challenge is justified and what steps may be necessary to protect your interests in the estate.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Sexual jokes could qualify as harassment]]>https://www.tilfordlaw.com/?p=486972026-08-05T14:07:34Z2026-08-05T14:07:34ZInappropriate jokes and comments can often lead to claims of sexual harassment in the workplace. Even if someone often makes these types of jokes in their personal life, making them in a professional context can cause problems.
For instance, an employee may claim that their supervisor made inappropriate comments or jokes in front of the rest of the team, and that they were the brunt of that joke. They feel singled out and harassed because of this treatment.
Was it actually a joke?
One important question to ask is if the initial comments were a joke or not. After all, many people will use “I was just joking” as an excuse, even if the initial comments were serious.For instance, perhaps a supervisor told an employee who was up for a promotion that they would get the promotion if they engaged in a sexual relationship with the supervisor. The employee reported this conduct, and the supervisor claimed that it was just a joke that was taken out of context. They may say that the lower-level employee just does not have a sense of humor or did not get it.But another key thing to keep in mind is that, even if that supervisor was authentically joking, those types of jokes can still cross the line. They can still make people uncomfortable and qualify as sexual harassment. They can also contribute to the development of a hostile workplace if a certain employee finds that they are always being targeted by these types of jokes or comments.
Your rights as an employee
If you are an employee and you believe you are experiencing sexual harassment on the job, it is important to know exactly what rights and legal options you have. You do not have to experience this type of treatment, and there are steps that you can take at this time.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[3 types of breach of contract in business]]>https://www.tilfordlaw.com/?p=486962026-07-27T15:17:46Z2026-07-27T15:17:46ZBusiness agreements give each party clear expectations about performance, deadlines and responsibilities. When one side fails to meet those obligations, the consequences can range from a minor inconvenience to a dispute that threatens the entire transaction.
Not every contract violation is treated the same under the law. Understanding the different types of breach of contract can help you evaluate your options and decide whether negotiation, mediation or commercial litigation is the appropriate next step.
1. Anticipatory breach
An anticipatory breach occurs before performance is due. It happens when one party clearly indicates that it will not fulfill its contractual obligations, making it unreasonable for the other party to continue relying on the agreement.For example, suppose a software developer tells your company weeks before a scheduled launch that the project will not be completed. Instead of waiting for the deadline to pass, you may be able to pursue other solutions and preserve your rights under the contract.
2. Minor breach
A minor breach involves a failure to satisfy a secondary term of the agreement while the essential purpose of the contract is still fulfilled.Imagine hiring a printing company to produce marketing brochures for a trade show. The brochures arrive on time and in the correct quantity, but the paper quality differs slightly from what was specified. Although the contract was not performed perfectly, your business still received the primary benefit of the bargain.Depending on the circumstances, you may be able to recover compensation for the specific loss without cancelling the agreement.
3. Material breach
A material breach is the most significant type of contract violation because it prevents you from receiving the core benefit you expected when entering the agreement.Suppose your business contracts for refrigerated transportation of perishable products, but the carrier uses a standard truck, causing the shipment to spoil. The failure affects the purpose of the entire agreement and may justify ending the contract while seeking compensation for your losses.Determining which category applies depends on the contract language and the surrounding facts. If a business dispute arises, seek legal guidance to understand the types of breach of contract, protect your contractual rights and determine whether commercial litigation is the appropriate course of action.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[How long do you have to respond to divorce papers?]]>https://www.tilfordlaw.com/?p=486872026-07-16T17:23:22Z2026-07-16T17:23:22ZYour spouse serves you with divorce papers, showing you that they are petitioning the court for a divorce and that they want to end the marriage. They tell you to make sure to respond by the deadline, although you do have some time to consider the terms, get your paperwork in order, talk to your lawyer and much more.
Exactly how long you have depends on what state you live in, and it can differ substantially across the United States. In Kentucky, it is important to note that you generally have 20 days to file your response. So, while you should not assume that you have to submit that response immediately and you do have time to consider your options, it is also important not to procrastinate for too long.
What happens if you miss the deadline?
Missing the deadline can affect your ability to be involved in the divorce case. But it certainly does not prevent the divorce from happening. Often, your spouse then has the option to ask the court for a default divorce judgment. They can still get the divorce, even if you never respond.Without your response and participation, though, you may be excluded from important decisions. You will not have as much of a say in how child custody rights are divided, for example, or how marital property is divided. By responding within the 20-day deadline, you ensure your own involvement, and you can negotiate with your spouse over the terms of the divorce—or navigate a court case, if the divorce has to go through litigation.
Protecting your rights during divorce
Responding to the divorce papers is just one of the first steps you should take when your marriage is coming to an end. Be sure you know what legal options you have to protect your rights throughout this legal process.
]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[What debts require payment during estate administration?]]>https://www.tilfordlaw.com/?p=486862026-07-03T19:41:49Z2026-07-03T19:41:49ZMost debts take priority over survivors
It is relatively common for estates to be insolvent. The person who died may have more debt than they have property. In that scenario, everything in their estate may go toward settling their financial obligations, with exceptions for personal property that has no resale value.
Personal representatives must allocate funds in the right order of priority. First, they pay all probate and estate administration costs. Then they cover funeral expenses. Tax debts and other government-related financial obligations are the third priority. Any other valid debts, including credit card balances and hospital bills, also require payment with estate resources before beneficiaries can receive their inheritances.
Personal representatives may need assistance identifying creditors and ensuring they properly allocate resources. They can be at risk of removal or even a lawsuit demanding that they take responsibility for the improper allocation and distribution of estate assets.
Mistakes during estate settlement can sometimes lead to financial liability for the personal representative. The estate typically covers the cost of legal representation for the personal representative. Working with an attorney during estate administration can help people avoid errors that lead to litigation and personal financial responsibility.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[What happens if you die without a will in Kentucky?]]>https://www.tilfordlaw.com/?p=486852026-06-26T12:01:33Z2026-06-26T12:01:33ZHow Kentucky distributes your assets
If you die without a will, Kentucky law determines who inherits your property based on your family structure. The distribution follows this general hierarchy:
Your surviving spouse receives a set portion of your estate, generally half of the surplus property plus a $30,000 exemption, while the rest may pass to your siblings or other relatives if you have no living children or parents
Your surviving spouse receives a $30,000 statutory exemption, and the remaining assets are split evenly between your spouse and your children
Your children inherit everything if you have no surviving spouse
Your parents will split your remaining estate with your surviving spouse if you have no children; they will inherit your entire estate only if you leave behind no surviving spouse, children, or grandchildren
These rules apply regardless of what you might have wanted, which is why many people choose to create a will.
Why intestate succession can create problems
Dying without a will could lead to several complications for your loved ones. The probate court must appoint an administrator to handle your estate, which takes time and costs money. Your family members may disagree about who should serve in this role, potentially causing conflict during an already difficult period.
Additionally, intestate succession does not account for special circumstances. If you wanted to leave something to a close friend, a favorite charity or a stepchild who is not legally adopted, those wishes might not be honored. The law recognizes only blood relatives, adopted children, and your spouse.
The process might also be slower and more expensive than if you had a will in place. Court involvement increases, and your heirs may wait longer to receive their inheritance.
Taking control of your legacy
Creating a will gives you control over your assets and can make things easier for your family. You can designate beneficiaries for your belongings, select an executor to oversee your estate and appoint guardians for your young children.
Every situation is unique. You may want to consult with an attorney who can help you understand your options and create a plan that reflects your specific circumstances and goals.]]>On Behalf of Tilford Dobbins & Schmidt, PLLC<![CDATA[Legal and physical custody look very different]]>https://www.tilfordlaw.com/?p=486842026-06-18T16:07:33Z2026-06-18T16:07:33ZSplitting up child custody rights is a major part of divorce for many couples. In some cases, one person wants sole custody and is seeking to cut their ex out of the equation. But in many cases, couples are just splitting up joint custody so that they are both involved at different times.
While going through this process, consider the fact that both legal and physical custody need to be addressed. They are equally important, but they operate quite differently.
Parenting time and physical custody
Physical custody rights revolve around parenting time and parental obligations. Children are often exchanged on a set schedule. One parent may watch the children for a week and then make an exchange with their co-parent, who takes on that obligation for the next week.In some cases, parents also need to consider visitation rights. One parent may have primary physical custody, but the other has a right to visit the child periodically and spend time with them. A parent who is in the military, for instance, may have visitation rights when they’re home from a deployment.
Decision-making and legal custody
Legal custody rights, on the other hand, revolve around the decision-making power held by both parents. They need to make important decisions about religion, education, healthcare, finances and much more.Legal custody does not change where the child lives, but both parents may still need to be involved. If they share legal custody rights, they have to work together on these important decisions, and neither one can override the other's authority.In many divorce cases, parents need an order splitting up both types of custody, and it is important for them to understand what legal steps to take as they go through the process.
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