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Kentucky Real Estate Law Questions & Answers
0 Answers | Asked in Tax Law and Real Estate Law for Kentucky on
Q: Will gifting a $120,000 house to my sister in Kentucky affect her income taxes?

I plan to gift my sister a house valued at $120,000 in Kentucky. There are no existing mortgages or liens, and she is not planning to sell the house immediately. I do not expect any compensation or favors in return. Will this affect her income taxes?

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Kentucky on
Q: Can I sue Clayton Homes for home order discrepancies and incurred expenses?

I purchased a home from Clayton Homes, and our bathroom was not the correct layout as ordered. The salesman admitted to the mistake, and I have documentation confirming this. Since September 2024, I've spent approximately $1,000 on supplies and over $1,200 on storage, as half of the home is... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2025

Yes. You can.

3 Answers | Asked in Bankruptcy and Real Estate Law for Kentucky on
Q: House purchase post-Chapter 7, lien risk?

I filed for Chapter 7 bankruptcy in Kentucky 10 years ago. I am now looking to purchase a home. Can I have assets like a house in my name without the risk of a lien being placed on it due to the bankruptcy from 10 years ago?

Anthony M. Avery
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answered on Feb 26, 2025

If you listed all the creditors you had then and got a discharge, then those debts are gone and cannot be collected upon. But if you have been sued since or incurred other debts, then you might have something to worry about. If so, consult with a KY attorney about asset protection and exemption... View More

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1 Answer | Asked in Real Estate Law and Contracts for Kentucky on
Q: Do I owe money to heirs after paying land contract in full?

I entered into a land contract on September 1, 2021, for 1.24 acres at $40,000, and it was fully paid on May 31, 2024. The deed is in my name as of June 3, 2024, confirming full payment. We also had a separate agreement for $10,000 for additional land, included in the May 31 contract. Now that the... View More

Timothy Denison
Timothy Denison
answered on Feb 25, 2025

You still owe the last $10,000 if it has not yet been paid, but nothing more. The agreement still stands and his estate is obligated to fulfill it.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Kentucky on
Q: My siblings and the lawyer hired by my brother who was poa of our mother and is also Executor where all aware and given

Copies of warranty deed that is unrecorded that mother gave me the family home place in 2012 that I have Maintained and lived in since 2000. By the way that my siblings were asked if they wanted to live in but refused in order oldest to youngest( being me).my brother as poa transferred the property... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

You should hire an attorney to evaluate the estate and make sure that you get your fair share. If you want to keep the house, you would be obligated to pay your brothers portions to them through cash or a setoff so that each heir gets an equaamount.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Condo German Roach Infestion Responsibilities in Kentucky

German roach infestation infesting 10% of condo community inclusive of some common elements. Who should be responsible for paying for treatment, the HOA or individual owners? In my mind there's a fiduciary responsibility of the board to make sure the communities property doesn't devalue.... View More

Timothy Denison
Timothy Denison
answered on Jan 19, 2025

What is your question?

1 Answer | Asked in Probate and Real Estate Law for Kentucky on
Q: Kentucky, costs of probate, procedure of the estate administrator?

I inherited a sum of money in Kentucky. The executor gave the money to a bank to manage and said that the bank would now dictate the rules for the further procedure. Also that I now have to pay a large sum of money for fees immediately and only then can I receive the inheritance. It would not be... View More

Timothy Denison
Timothy Denison
answered on Jan 18, 2025

One would certainly need more Information to give a correct answer yo your question but from what you’ve stated, none of that sounds right. You should hire your own lawyer to look into this for you and make sure it isn’t a scam.

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Can sibling take my home just cause it was left to a few of us but only one been remodeling and paying taxes for 20yrs
Timothy Denison
Timothy Denison
answered on Nov 26, 2024

Yes, although you may have a claim for the improvements you e made to the property.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky on
Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can I pay the back taxes on an abandoned property in KY and take possession of the home? The owners appear deceased.

It has been vacant for over 5 years and according to what I see online, there wasn't anyone else that potentially inherited it.

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

Yes, but youll still need to have it transferred into your name by the Master Commissioner of the county.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We got sold land that the previous owner sold part of to the state as they are widening the road

We are out of a good chunk of land that we paid for, is there anything that can be done?

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

You should probably first have the title run to check for discrepancies. You should consult a real estate lawyer to determine if any fraud was or is involved. Once these two items are done, you will know what your next move will be.

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: Am I able to get my retainer fee refunded

Real estate case that lawyer did contingency on. Settled before arbitration but defendants have defaulted on agreement back in January. Lawyer said it would probably need to go to circuit court, said soon too before defendants might. Spent three months after trying to talk to him more about it... View More

Timothy Denison
Timothy Denison
answered on Sep 20, 2024

You should get an accounting for all services rendered. Any fee earned for work already performed is not recoverable. Any unearned monies should be refunded to you.

1 Answer | Asked in Real Estate Law and Civil Rights for Kentucky on
Q: I purchased a brand new home from DR Horton in Kentucky and the AC unit malfunctioned due to improper installation.

The AC unit flooded the area causing over $2,000 in damages. After contacting DR Horton warranty for over six weeks, they no longer answer the phone, respond to emails. The AC unit had problems during the building process. We have other concerns with the home. What options do we have?

James L. Arrasmith
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answered on Sep 19, 2024

You have a few potential options to resolve this situation. First, review your contract and warranty documentation to see what obligations DR Horton has regarding repairs and damages. It's crucial to have written proof of the issues and the attempts you've made to resolve them.... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

Anthony M. Avery
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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: Is the selling agent required to inform the buyer in advance that they will be charging a selling agent flat fee?

My husband and I are purchasing a house in Kentucky. Today, two days before our closing date, while reviewing the closing disclosure document that sets forth all the buyer costs, we discovered a "selling agent flat fee" under the buyers' costs. Our realtor never informed us that his... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes. They are. If it isn’t in your contract with the agent, you don’t owe the money.

1 Answer | Asked in Foreclosure and Real Estate Law for Kentucky on
Q: If a person is on a deed after death of mortgage holder with no will, who is responsible if the loan defaults

The spouse was not on the deed (married 2 months) and another individual was added to deed. Mortgage has been paid 3 years following death of loan holder

Anthony M. Avery
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answered on Jul 17, 2024

Being a grantee on a deed does not make you liable for a mortgage indebtedness. Who signed that note or his estate will be liable for the loan.

1 Answer | Asked in Family Law and Real Estate Law for Kentucky on
Q: Before my parents passed away they put their home and property in my name and my daughters name.

I've lived in the house for 3 years now and my daughter just moved in. She wants me to move out but I have paid the bills and taxes here since I've lived here. What rights do I have?

Anthony M. Avery
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answered on Jun 25, 2024

Hire a KY attorney to search the title and advise as to ownership. Apparently you are confused.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: What is a one percent deed?

My Eldercare attorney has told me I should do a one percent deed with my elderly father.

Timothy Denison
Timothy Denison
answered on Jun 18, 2024

Sounds like they are suggesting a life estate in the property be given up your father (which means he owns and remains in the property until he passes), with the remainder to you as her. Once your father passes, full ownership would vest in you.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I had my sprinkler running and water hit neighbors fence. Neighbor came into my property and turned off sprinkler.

I did not say anything when he was in his backyard after the incident. I know he turned off my sprinkler. Do I have a case? Can I call 911?

Timothy Denison
Timothy Denison
answered on Jun 14, 2024

No case. No damages. No 911. Maybe just move sprinkler back so as to not hit fence.

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