Bench & Bar March/April 2025

could still be invalid if the fiduciary did not follow strict statutory requirements. 2 For example, in some instances, 30-days’ notice is required before a hearing, and notice by regular mail is insufficient. Fail ure to strictly comply with the statute could make the fiduciary transfer void or voidable, which creates problems down the road for a title examiner and may derail a pending sale. When Doug runs into these issues, he calls the attorney who handled the fiduciary transfer or obtained the order to try to work through the issues. No one wants to receive that phone call, and Doug doesn’t want to make that phone call. The problem atic deed could have been from years ago and clients and next of kin may have passed away or be difficult to locate. This can mean that attempting to correct the issues can be extremely difficult. A quiet title action may even be required. Seeing these fiduciary transfer issues repeat themselves, Doug came up with a solution. He agreed to put on a CLE program not just for his local bar association’s real estate sec tion, but also the probate section. His fellow title attorneys were already aware of these types of issues, so it made sense to direct the program to attorneys who do not prac tice solely in real estate. It took Doug about two hours to prepare for the CLE and put together his materials. His preparation also gave him the chance to create a checklist for handling these issues in his own practice, which he happily shares with others when they ask. He also receives phone calls now from attorneys who want to ensure they are handling fiduciary transfers correctly. Doug believes that the time he spent preparing and giving the CLE has paid off, and it will likely mean he runs into fewer issues with fiduciary transfers in the future.

For instance, if you are a probate attorney, you might notice recurring issues with wills drafted by other attorneys. You could gather a few examples and present a CLE for the general practitioner’s section of your local bar association. Similarly, if you are a business litigator, you may find you are confronting the same issues with LLC operating agreements or other contracts that could have easily been avoided with additional or different contractual provi sions. You could present a CLE on those recurrent issues to a transactional law sec tion of your local bar. Multiple benefits could flow from your work and preparation. You may have an easier time in your practice in the future; you may develop a reputation as an expert by those who attend the CLE; and you may be able to meet your annual mandatory CLE requirement. Lawyers WANT to do things correctly. If you notice something in your practice that could help others, share it. It will benefit your colleagues and also help you, reducing those “if only” moments in the future.

ABOUT THE AUTHOR FRANK K. T R EMP E R is a partner at Arnzen, Storm & Turner, P.S.C. in Cov ington, where he focuses

While building relationships with others in our practice area is valuable, we can also gain insights from lawyers in differ ent practice areas. They may offer different perspectives due to being impacted by our work long after it leaves our hands. For example, one of my partners, Doug Williams, handles a considerable amount of residential real estate transactions. He often comes across deeds in a chain of title where a fiduciary (like a guardian or personal representative) has transferred property. Sometimes, the seller in the transaction he is handling is a fiduciary. In Kentucky, for such transfers to be valid (in the absence of specific language in a will granting power of sale), the fiduciary needs a court order. Even with an order, however, the transfer

his practice in litigation and outside gen eral counsel services. He is licensed to practice in Ohio and Kentucky, as well as the United States District Courts for the Eastern and Western Districts of Ken tucky and the Southern District of Ohio, and the United States Court of Appeals for the Sixth Circuit. Tremper also serves on the Northern Kentucky Bar Asso ciation’s Lex Loci Magazine Editorial Board. He earned his J.D. summa cum laude from Salmon P. Chase College of Law in 2010, and his B.S. in finance cum laude from Miami University in 2007.

AS AN ADDED BONUS, Doug earned CLE credits for his presentation and his preparation time.

This is just one small example, but across the Commonwealth, there are many attor neys who may be able to avoid future issues in their own practice by sharing some of their expertise.

ENDNOTES 1

SCR 3.130(7.40)(4). KRS 389A.010.

2

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