News & Updates
Civil Filing Fee Increases Effective July 1, 2026
The Kentucky Supreme Court approved increases to civil filing fees statewide through Administrative Order 2026-15, with the revised fee schedule taking effect July 1, 2026. In related action, Administrative Order 2026-18 establishes a flat $35 fee for service by certified mail. Attorneys are encouraged to review the updated fee schedules and account for the increased costs when preparing filings and advising clients regarding litigation expenses. To avoid delays or filing deficiencies, practitioners should ensure that all civil actions submitted on or after July 1 include the appropriate revised filing fees. The administrative orders and updated fee schedules are available through the Kentucky Court of Justice.
2025-2026 CLE Requirement Deadline is Here
The deadline to complete your annual CLE requirement for the 2025-2026 educational year is June 30, 2026. You must have a total of 12 CLE credits including 2 ethics credits to meet the annual requirement. The deadline to report your CLE credits for the 2025-2026 educational year is August 10, 2026.
Immigration Fraud Alert-Attorneys Being Impersonated Using Bar Numbers
The Kentucky Bar Association recently issued an alert regarding a sophisticated and escalating immigration-related fraud scheme that is directly affecting licensed attorneys across the country, including potentially here in Kentucky.
What is Happening
Scammers are harvesting attorneys' names and bar numbers from publicly available state bar websites and using that information to impersonate real, licensed practitioners. Fraudsters are posing as the American Bar Association, nonprofit legal service providers, and licensed private attorneys to solicit payments and sensitive personal information from vulnerable individuals seeking immigration legal assistance.
These schemes use fake letterhead, fabricated credentials, fraudulent retainer agreements, and falsified government documents, including materials bearing the seals of USCIS and the Department of Homeland Security. Scammers have also staged video calls in front of ABA signage and created WhatsApp Business profiles using the ABA logo to appear legitimate.
The scheme operates primarily through WhatsApp, Facebook, TikTok, and other social media platforms. In many cases, impersonated attorneys only become aware of the situation when victims contact them directly to verify whether they are actually handling their case. Victims have suffered not only significant financial losses, but in some instances, adverse immigration consequences-including deportation orders - as a result of fraudulent filings or missed deadlines.
What You Should Do
- Monitor for unauthorized use of your personal information, including your bar number, and set up alerts were possible.
- If you are contacted by someone claiming you represented them in a matter you have no knowledge of, treat it as a potential fraud situation and report it promptly.
- Report any suspected impersonation to the KBA's Office of Bar Counsel, the Federal Trade Commission (FTC), and the EOIR Fraud and Abuse Prevention Program at
This email address is being protected from spambots. You need JavaScript enabled to view it. or 877-388-3840. - If your clients or members of the public approach you about suspicious contacts from individuals claiming to be attorneys or ABA representatives, direct them to verify credentials through the KBA's official attorney search tool: https://kybar.org/For-Public/Find-a-Lawyer.
Federal investigators, including the DHS Office of Inspector General and the EOIR Fraud and Abuse Prevention Program, are actively engaged and cooperating with the ABA on this matter.
Contact the KBA at (502) 564-3795 with any questions or to report suspected activity.
KBA Launches Attorney AI Library
The Kentucky Bar Association has launched its Attorney AI Library which is now available to KBA members. Whether you’re a beginner user or advanced user of AI, the site has multiple resources and information to help you navigate and learn about AI. For both beginner and advanced users, the site contains comprehensive guides to using AI in daily law practice. The site also contains important information on ethics and professional responsibility when using AI which every practitioner should review. LMICK suggests that all its readers check out the Attorney AI Library and review all of the information available. For more information, contact Ema Haines Blankenship at
Practice Management
Major Legislation Update: Kentucky Senate Bill 50
On April 13, 2026, Governor Andy Beshear signed Senate Bill 50 into law, ushering in one of the most significant updates to Kentucky inheritance and estate administration laws in recent years. Effective July 14, 2026, the legislation expands spousal rights, streamlines probate procedures, and authorizes electronic wills and other estate planning documents. Together, these changes modernize the Commonwealth’s legal framework and will affect how many Kentuckians plan, transfer, and administer assets.
The bill modernizes the probate process by allowing certain declarations under penalty of perjury in place of sworn oaths, authorizing courts to waive some appointment hearings, and increasing the penalty for a fiduciary’s failure to file an inventory or account. It also requires the clerk to report untimely filings to the judge on a monthly basis and removes the sheriff as a public administrator. In addition, SB 50 creates procedures to dispense with administration in certain testate and intestate estates and updates the rules governing periodic and final settlements.
A major feature of SB 50 is its adoption of the Uniform Electronic Wills Act and the Uniform Electronic Estate Planning Documents Act. Under these new provisions, electronic wills and covered estate-planning documents may be given legal effect if the statute’s execution, revocation, notarization, and recordkeeping requirements are satisfied. The law also allows certified paper copies of electronic wills and provides that a covered document will not be denied legal effect solely because it is in electronic form.
SB 50 also significantly expands Kentucky trust law by creating the Kentucky Qualified Dispositions in Trust Act and adopting the Uniform Directed Trust Act and the Uniform Trust Decanting Act. These provisions add new rules for asset-protection trusts, trust directors, fiduciary duties, decanting procedures, notice requirements, and court involvement in disputes, while preserving certain creditor claims such as past-due child support, spousal maintenance, and marital-property division orders. The legislation also repeals older trust provisions that overlapped with the new framework.
Senate Bill 50 represents one of the most comprehensive revisions to Kentucky probate, estate planning, trust, and fiduciary law in recent decades. Because the legislation amends numerous statutes and adopts several uniform acts affecting wills, trusts, probate administration, Medicaid planning, and asset protection strategies, attorneys should review the enacted statutory language and any subsequent guidance, court interpretations, or administrative regulations before relying on any summary of its provisions. This information provided by LMICK is intended solely as a general educational guide and risk-management resource for Kentucky practitioners. It is not legal advice, should not be relied upon as a substitute for independent legal research, and may not address all aspects of the legislation or its application to specific factual circumstances.
Because of the breadth of the revisions and the practice areas impacted, LMICK will be working to bring you additional articles with more specific discussion of these changes in Senate Bill 50. The first such article is found below. Thank you Ruth Baxter, LMICK’s former Board Chair, for her contribution.
Questions? Contact
Senate Bill 50 Impacts Every Practitioner - by Ruth H. Baxter, Crawford & Baxter, P.S.C.
On July 14, 2026, hundreds of bills enacted by the Kentucky General Assembly go into law, with none more impactful than Senate Bill 50. The 147-page Bill amends Kentucky’s descent of real estate in intestacy to allow certain surviving spouses to claim the entirety of the decedent’s land, together with one third (⅓) of real estate the decedent owned in fee simple during the marriage, even if not owned at death, as part of the statutory dower/curtesy scheme of KRS 392.020. A surviving spouse’s right to one-half (½) of the surplus personalty left by the decedent remains intact; however, ‘surplus personalty’ is now statutorily defined to include non-probatable assets, including assets with beneficiary designations such as retirement accounts; life insurance policies; accounts payable on death, and all property held by or payable at the decedent’s death in certain trusts. Further, a new cause of action is created for a surviving spouse to sue persons receiving such ‘surplus’ real property or personal property from the decedent during their marriage as is necessary to satisfy the dower or curtsey claim of the surviving spouse.
Personal representatives of a decedent’s estate are now charged with preparing a general financial disclosure statement of the property of a decedent, which exceeds current requirements for an ‘inventory', and includes both probatable and non-probatable assets, and their respective values. The disclosure statement is to be sealed by the Clerk, with copies available to the Court, the personal representative and their attorney, a beneficiary or heir-at-law, and/or by Order of the Court with ‘good cause shown’. Both the application for probate and the financial disclosure statement are now being signed by the personal representative under penalty of perjury. Additional requirements under the statutory revisions require personal representatives to execute a new oath outlining their duties, reminding the representative that they are subject to being removed for failing to comply with the law and their duties. The filing of estate inventories is extended to ninety (90) days from appointment of the personal representative, instead of the current two (2) months. A new ‘show cause’ proceeding allows the Court to conduct a hearing if the personal representative breaches his or her fiduciary duties that may result in their removal; a finding of contempt of court; and/or payment of fines or other penalties deemed appropriate by the Court.
Entitlement to inheritance and succession under Kentucky law for adopted children is also now changed. KRS 199.520 is amended to read, “For purposes of inheritance and succession, the (adopted) child shall only be deemed the child of the petitioners if the child was adopted and resided in the household of the petitioners prior to eighteen (18) years of age.”
Senate Bill 50 also creates new sections of KRS Chapter 394 dealing with Wills and Trusts. Wills, trusts, powers of attorney and other nontestamentary estate planning documents can be executed electronically by following specific guidelines set out, including being notarized via electronic means. Similarly, a new section of KRS Chapter 386 is created for trust administration procedures, creating a new position of ‘investment advisor’ who is given authority to direct, consent to, or disapprove a transferor’s investment decisions. Creditors’ claims against trusts are extinguished by law unless actions are commenced within the later of two (2) years after qualified dispositions are made, or within six (6) months after a person discovers or reasonably should have discovered the qualified disposition.
The 2025 Kentucky Uniform Trust Code, KRS 386B, also receives amendments to its provisions. New legislation allows for directed trusts and qualified asset protection trust for Medicaid recipients, as well as the creation of a new position of a ‘trust director’. Standards governing fiduciary duties, and a breach of a trust, for both the trustee and the trust director, are set out, as well as statute of limitations for bringing claims against the fiduciaries.
This summary of Senate Bill 50 is not exhaustive of its provisions, and does not substitute for an actual reading of the legislative language. However, it is clear that whether your practice includes trust and estate planning; probate counsel; real estate law, and/or litigation, this new legislation will create several heightened malpractice exposure points for many practitioners. Failing to: 1.) update all will, probate, and trust documents to reflect these changes; 2.) advise new and existing clients of the effect Senate Bill 50 will have on their estate planning; and 3.) be cognizant of new rights given to surviving spouses when examining real estate titles in both testate and intestate estates, could result in legal malpractice. Claims could then be brought, not only by clients, but also by non-client beneficiaries where the client’s testamentary intentions are thwarted by drafting errors, misunderstanding of the new law’s provisions, and/or misalignment of the client’s will, trust and nonprobate transfers through pay on death designations, as well as beneficiaries on life insurance and retirement accounts.
Questions? Contact
Again, given the large scope of Senate Bill 50, Lawyers Mutual will be discussing the various practices area impacted in future LMICK Minute Issues. Stay tuned!
ERISA Bonds: What They Are and Why They Matter
Lawyers Mutual offers a variety of court bonds to its policyholders which are administered through The Bar Plan Mutual Insurance Company. One type of bond that is offered by The Bar Plan is an ERISA bond. This article will discuss what an ERISA bond is, who needs them and why they matter.
Employee benefit plans—such as 401(k)s, pension plans, and profit-sharing plans—play a critical role in the financial security of millions of Americans. To safeguard these assets, federal law requires a specific type of protection known as an ERISA bond. Despite being a fundamental compliance requirement, ERISA bonds are often misunderstood or overlooked. This article explains what ERISA bonds are, why they are necessary, and how they protect both plan participants and fiduciaries.
What Is an ERISA Bond?
An ERISA bond is a type of insurance required under the Employee Retirement Income Security Act (ERISA). Its primary purpose is to protect employee benefit plans from losses caused by fraud or dishonesty by individuals who handle plan funds.
Unlike fiduciary liability insurance—which protects plan fiduciaries themselves—an ERISA bond protects the plan and its participants directly. If someone with access to plan assets commits theft, embezzlement, or another fraudulent act, the bond reimburses the plan for its losses.
Who Is Required to Be Bonded?
ERISA requires that every person who “handles” plan funds be covered by a bond. This includes:
- Plan administrators
- Trustees
- Officers or employees with access to funds
- Certain third-party service providers
“Handling” funds is broadly defined and can include not only physical contact with money, but also the authority to transfer or direct plan assets.
Minimum Coverage Requirements
The amount of coverage required is based on the value of plan assets:
- Generally, the bond must equal at least 10% of plan assets
These thresholds ensure that plans have meaningful protection proportional to their size.
Why ERISA Bonds Are Necessary
- Protection Against Fraud and Dishonesty
Employee benefit plans often hold significant assets. ERISA bonds provide a financial safety net in case those entrusted with managing the funds act dishonestly. Without this protection, participants could suffer substantial financial harm. - Legal Compliance
ERISA bonding is not optional—it is a federal requirement. - Fiduciary Responsibility
Plan fiduciaries have a duty to act in the best interest of participants. Ensuring the plan is properly bonded is a basic—but essential—part of fulfilling that responsibility. - Participant Confidence
Employees are more likely to trust and participate in benefit plans when they know safeguards are in place. ERISA bonds help reinforce that trust by demonstrating that the plan is protected against misconduct. - Risk Management
Even organizations with strong internal controls are not immune to fraud. ERISA bonds serve as an additional layer of protection, complementing internal safeguards and audits.
Common Misconceptions
• “We have insurance, so we’re covered.”
General liability or fiduciary liability insurance does not replace an ERISA bond. The bond is a separate legal requirement.
• “Only large plans need bonds.”
ERISA applies to plans of all sizes. Even small plans must meet minimum bonding requirements.
• “Our service providers handle compliance.”
While service providers may assist, the responsibility ultimately rests with the plan sponsor and fiduciaries.
How to Obtain an ERISA Bond
ERISA bonds are typically easy to obtain through insurance providers or surety companies. The process is straightforward, often requiring only basic information about the plan and its assets. Many bonds can be issued quickly and at a relatively low cost.
Conclusion
ERISA bonds are a critical component of protecting employee benefit plans. They not only ensure compliance with federal law but also provide essential financial protection against fraud and misconduct. For plan sponsors and fiduciaries, maintaining the proper bond is a simple yet powerful way to uphold their responsibilities and safeguard the retirement security of their employees.
In an environment where trust and accountability are paramount, ERISA bonds serve as both a legal requirement and a practical necessity. For more information, visit https://lmia.onlinecourtbonds.com/.
Questions? Contact Susan Adams (ext. 135) or Debbie Eller (ext. 140) at The Bar Plan Mutual Insurance Company at (877) 553-6376 for more information.
Lawyer Well-Being
Summer Wellness for Attorneys: Staying Healthy, Focused, and Resilient all Season
June marks the arrival of summer, bringing longer days, warmer weather, and an opportunity for attorneys to refocus on personal well-being. While the legal profession is often defined by demanding schedules, client expectations, and constant deadlines, the beginning of summer provides a natural reminder to step back and evaluate whether healthy habits are receiving the attention they deserve. Maintaining both physical and mental health is essential not only for personal wellness but also for providing competent and effective representation to clients.
Attorneys often spend long hours sitting at desks, reviewing documents, attending meetings, and appearing in court. These professional demands can make it difficult to prioritize exercise, proper nutrition, and adequate rest. Yet physical health directly affects energy levels, concentration, and overall performance. The summer months offer unique opportunities to incorporate healthier habits into daily routines, whether through outdoor activities, walking meetings, or simply spending more time away from office environments.
Mental well-being is equally important. The practice of law frequently involves managing conflict, navigating uncertainty, and carrying significant responsibility on behalf of clients. Over time, these pressures can contribute to stress, anxiety, and burnout. Summer's longer daylight hours and generally more relaxed pace can provide opportunities to recharge and establish healthier work-life boundaries. See SCR 3.130 (1.1) (Comment 7)
Research consistently demonstrates that spending time outdoors can improve mood, reduce stress, and increase overall feelings of well-being. Even brief periods outside during the workday—such as taking a walk during lunch or conducting a phone call while walking—can provide meaningful mental health benefits. Exposure to natural light can also help regulate sleep patterns, which are critical for cognitive function and emotional resilience.
Attorneys should also view summer as an opportunity to reconnect with activities and relationships outside the practice of law. Hobbies, family gatherings, vacations, and community events provide valuable opportunities to decompress and maintain perspective. While legal work is important and often demanding, a fulfilling personal life can serve as a powerful buffer against professional stress and burnout.
Technology presents another challenge for modern attorneys. Smartphones, email notifications, and remote access to work have created an expectation of constant availability. During the summer months, attorneys should consider establishing reasonable boundaries that allow for periods of uninterrupted personal time. Taking a true break from work—even for a few hours—can improve productivity and mental clarity upon returning to professional responsibilities.
Hydration is another often-overlooked aspect of attorney wellness during the warmer months. Dehydration can contribute to fatigue, headaches, and decreased concentration. Attorneys who spend significant time traveling between offices, courthouses, and client meetings should make a conscious effort to stay hydrated throughout the day.
Ultimately, maintaining physical and mental well-being is not merely a personal goal—it is an important component of professional success. Healthy attorneys are generally better equipped to manage stress, exercise sound judgment, communicate effectively, and serve their clients with excellence. As summer begins, June provides an ideal opportunity to adopt habits that promote both wellness and long-term career sustainability. See SCR 3.130 (1.1) (Comment 7)
Summer Wellness Checklist for Attorneys
- Physical Health
- Take a walk outside at least three times per week.
- Stay hydrated throughout the workday.
- Prioritize seven to eight hours of sleep each night.
- Schedule regular exercise on your calendar as a non-negotiable appointment.
- Take short movement breaks during long periods of desk work.
- Use vacation time or personal days to rest and recharge.
- Incorporate healthy snacks and meals into busy workdays.
Mental Health
- Establish reasonable boundaries for after-hours emails and calls.
- Spend time outdoors each day when possible.
- Practice mindfulness, meditation, or simple breathing exercises.
- Reconnect with hobbies and interests outside the law.
- Schedule regular time with family and friends.
- Avoid overscheduling summer weekends.
- Seek support from colleagues, mentors, or mental health professionals when needed.
- Conduct a mid-year assessment of your workload and stress levels.
By making wellness a priority this summer, attorneys can strengthen their resilience, improve their quality of life, and position themselves for a productive and successful second half of the year.
Questions? Contact
Know That Help is Always Available
If you are struggling with grief, sadness, anxiety, or any other emotion or stressor that is negatively impacting your daily life, please reach out for help. All Kentucky lawyers are eligible for four free visits with a mental health professional through the Kentucky Lawyers Assistance Program. For more information about the variety of confidential resources KYLAP offers, please visit www.KYLAP.org.
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Upcoming Events
We look forward to seeing you!
We are proud to support the organizations that support you and your work! We will be out and about this spring, leading CLEs and sponsoring events. We hope you can join us at one of these currently scheduled events (and make sure to come say hello)!
July 23: NKBA – AI Series, Covington
August 7: NKBA Small/Solo Section, Zoom
August 27: NKBA – AI Series, Covington
August 27: KLU, Owensboro
September 3: KLU, Covington
September 10: KLU, Paducah
September 23-25: KJA Annual Meeting, Owensboro
September 24: KLU, Ashland
We want to hear from you! Have a CLE topic you would like to see? Send suggestions to
Need a CLE Speaker in 2026? We would love to speak to your group this year! Contact