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Kentucky Real Estate Law Questions & Answers
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.

0 Answers | Asked in Real Estate Law for Kentucky on
Q: Real estate law-if the deed to a house was transferred due to death of loan holder, but the mortgage is in the name of

the deceased (no will) but persons living in the property are on the deed and paying the mortgage, who is responsible to loan company if there is a default of the mortgage?

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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Sharing tree with neighbor on property line. If my neighbor hires an arborist to inspect it, am I required to help pay?

If my property line has a tree that is partially in my yard and my neighbors yard and one party wants to hire an arborist to inspect it, am I required to help pay even if I do not want to hire an arborist to inspect it?

Timothy Denison
Timothy Denison
answered on Jun 4, 2024

No. You are not responsible.

2 Answers | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Who would own abandoned property (a church) if the owner organization isn't listed with the IRS or secretary or state?

There is a church near me that has been abandoned for a while, it is listed as owned by itself (XYZ church)... but the organization (the church) isn't listed as existing with the state's bsuiness office or with the IRS. Who would therefore own it? And how could it be acquired?

Timothy Denison
Timothy Denison
answered on Jun 3, 2024

You would need to get the property address and run the title. The deed will tell you who the true owner of the property is. Then you can proceed from there.

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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?

We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More

Anthony M. Avery
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answered on May 16, 2024

You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I purchased a property advertised as 23 acres and I wasn’t informed of a deed exception (-10 acres), what are my options

I purchased a property that was listed and advertised as 23 +\- acres in 2022. Before, during, and after closing no deed Exceptions were brought to my attention by the sellers or my real estate team. I found out there was this deed exception at my local tax office, and that I actually have 12 acres... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it appears that you may have grounds for legal action due to misrepresentation or failure to disclose important information about the property. Here are some potential options you can consider:

1. Contact the sellers: Reach out to the sellers...
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1 Answer | Asked in Real Estate Law for Kentucky on
Q: If my dad said I could have his house, and it is then deeded to me, does the contents come with it?
Anthony M. Avery
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answered on Apr 4, 2024

Deed only conveys real property. Personal property in a house is usually transferred by a Will legacy or an inter vivos gift. You may have to prove there was a gift, and if so, hire an attorney to defend you.

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Seller wants a 30 day lease back option after closing. Will seller have full tenant rights after 30 days or during?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

Depends solely upon the terms of the lease and whether that is permitted under the lease agreement.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?

I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More

Anthony M. Avery
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answered on Mar 6, 2024

The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Seller is refusing to uphold signed land contract, what can I do?

My grandmother in November 2023 sold me her house on land contract, we both signed. Per the agreement payments would start when deed transfer happened. Her children have now convinced her that she can get more by putting it on the market. I already live in the home, is there anything I can do to... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2024

Sure. You can file suit against her to enforce the agreement to sell.

1 Answer | Asked in Tax Law and Real Estate Law for Kentucky on
Q: If my father pays for property can the deed be in anothers name in KY? If so, what are the tax implications for him?
James L. Arrasmith
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answered on Mar 4, 2024

In Kentucky, it's possible for your father to purchase property and have the deed put in someone else's name. This is often seen in cases where parents buy property for their children or when one person buys property as a gift for another. However, it's important to ensure that all... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I paid off lien on property. Creditor hasn't signed off after several attempts. How do I proceed?

Paid off completely $140k lien placed by seller. Have money order receipts for total amount. He's out of state. Sent a release certified mail three times. No response. Phone number I had is out of service. I don't even know if he's still alive.

How long will it take a court... View More

Anthony M. Avery
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answered on Jan 30, 2024

You need a competent KY attorney to file suit to Quiet Title, declaring the lien released. Have good proof of timely payments. Publication Service may be necessary. Certified Copy of Judgment is recorded to release the lien.

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