Friday, June 27, 2014

Kentucky voter Address Confidentiality Program

"No eligible voter should be discouraged from voting out of fear for his or her safety, or the safety of his or her children. But because voter records are generally available to the public, many victims [of domestic violence] do not register to vote because they fear the perpetrators of the crimes against them would be able to determine their addresses, compromising their security."

Kentucky voter Address Confidentiality Program
"To become a participant, the eligible individual (or someone authorized on his or her behalf) must complete the ACP Application. Hard copies are available from the Secretary of State and county clerks' offices, as well as through authorized assistance agencies. Applications must be submitted to the Secretary of State's office.

"If you are certified, you will be allowed to vote via mail-in absentee ballot, and your name and address will not be included on any publicly available voter records.
Certification lasts for two years, unless it is cancelled or the participant withdraws before the expiration date. Certification can be renewed before the expiration date."


Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

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Tuesday, June 24, 2014

What is a nuncupative will?

A nuncupative will is an oral expression, as opposed to one in writing, of a testamentary intent, especially by a mortally wounded soldier or by anyone facing immanent death for any reason. Not all states recognize these types of oral wills under any circumstances. Kentucky does not.

Indiana, however, allows nuncupative wills by statute under very limited circumstances.

Indiana Code 29-1-5-4
Nuncupative will; requisites; limitations

(a) A nuncupative will may be made only by a person inimminent peril of death, whether from illness or otherwise, and shallbe valid only if the testator died as a result of the impending peril,and must be
(1) Declared to be his will by the testator before two (2)disinterested witnesses;
(2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and
(3) Submitted for probate within six (6) months after the death of the testator.

(b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000)dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.

(c) A nuncupative will does not revoke an existing written will.Such written will is changed only to the extent necessary to give effect to the nuncupative will.

Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

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