T&E Solo Pack · Kentucky · Week Of May 25, 2026

Kentucky.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Kentucky T&E solo who knows the probate statutes cold but still loses an afternoon a week tracking the moving Kentucky Medicaid pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

KY
Kentucky · Bluegrass State
UPC — No (own Probate Code, KRS Ch. 394–395)
Community Property — No (common law)
LTC — Kentucky Medicaid (CHFS / DMS)
Estate Recovery — Expanded (non-probate)
T&E Solo Pack Built for Kentucky attorneys
The Big Three · Week Of May 25, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to a Kentucky T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

Kentucky still has no TOD deed — SB 34 (2026) passed the Senate but died in House committee.

Kentucky does not recognize transfer-on-death (beneficiary) deeds; repeated bills (HB 94, HB 72, HB 50) have failed. SB 34 (2026 Regular Session) again proposed a Uniform Real Property TOD Act — passed the Senate (engrossed March 13, 2026), referred to the House Local Government Committee, and died there (last action April 15, 2026).

Until enacted, the Kentucky probate-avoidance toolkit for real property is joint tenancy, life estate, or a funded trust — not a beneficiary deed. Watch SB 34’s fate this session.

Ky. SB 34 (2026 RS) · apps.legislature.ky.gov/record/26rs/sb34.html

02

Kentucky estate recovery reaches the non-probate estate.

907 KAR 1:585 defines the recoverable estate to include assets passing by joint tenancy, tenancy in common, survivorship, life estate, or living trust — not just the probate estate.

The home held in a life estate or living trust is not automatically beyond DMS recovery. Note the exemptions: surviving spouse, minor/disabled child, or small estates fall outside recovery.

907 KAR 1:585 · law.cornell.edu; CHFS DMS Estate Recovery FAQ (chfs.ky.gov)

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); the special income standard is $2,982/mo. Kentucky applies the federal $752,000 home-equity floor.

Two places this lands: community-spouse protection math and the income cap for institutional eligibility. Flag the 2028 OBBBA $1,000,000 home-equity cap now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of May 25, 2026

This week.

This week in Kentucky for the T&E solo with Medicaid-planning clients: what the Kentucky Bar Association, the district probate courts, and CHFS / DMS put in front of you.

The KBA CLE calendar, the Probate & Trust Law Section, and the DMS estate-recovery updates all publish on different schedules. This is that sift, already done, with the link on each item.