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Kentucky Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Kentucky on
Q: my mother passed nov of 2023 before she passed she helped me get a home this property is in her name and the mortgage

my sister has a lawyer and is wanting the home ive paid for for almost 2 yrs she has not put a single dime to it and my mother told friends and the realtor we used she wanted to make sure i and my kids had a home now my sister wants to benifit from my hard work and shes also claims she can force my... View More

0 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: my mother passed nov of 2023 before she passed she helped me get a home this property is in her name and the mortgage

my sister has a lawyer and is wanting the home ive paid for for almost 2 yrs she has not put a single dime to it and my mother told friends and the realtor we used she wanted to make sure i and my kids had a home now my sister wants to benifit from my hard work and shes also claims she can force my... 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.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can we sell land in Breathitt County Kentucky without knowing all of the owners?

The land has been passed down from generation to generation. There are several owners and we cannot find a few of them. How would we be able to sell the land?

Anthony M. Avery
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answered on Jan 18, 2024

You will need a very good KY attorney to determine heirship. A Quiet Title action, and possible Ejectment, will probably be needed. A sale should be made by Quit Claim Deed only.

2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file

Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?

Nina Whitehurst
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answered on Jan 1, 2024

Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a question about rental payment confirmation emails.

A friend of mine paid my rent online for December and I received a confirmation email with the following "This email confirms we have received your one-time online payment." The email goes on to list a confirmation number, last four digits of the card, and payment amount. I have since... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Yes. It is binding unless it did not go through for nsf or lack of credit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?

A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?

James L. Arrasmith
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answered on Nov 20, 2023

In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.

First, review the property sale agreement and...
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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Kentucky on
Q: Can my landlord say she won’t send a maintenance worker to my apartment due to illness?

I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Unclaimed property in Kentucky

I live in Kentucky and I’m trying to fill out an unclaimed property form. The money is a sum of $5,000 and it’s from my dead dad. On the form it ask for the Co-owner signature. What does that mean?

Anthony M. Avery
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answered on Aug 2, 2023

Without a Will being Probated, the next of kin of the Decedent take the personal property. All next of kin will have to sign as co owners. You might need a KY attorney to determine their identity and draft an Affidavit.

2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
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Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: What am I able to do if home seller breaches contract and "doesn't want to sell their home" now?

Located in Kentucky. I went under contract to purchase a home for $250,000. After appraisal, the property was valued at $240,000. I also paid for an appraisal asking for the home value after significant remodels and renovations were done. That appraisal came in at $320,000. The seller has... View More

Anthony M. Avery
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answered on Jun 27, 2023

Consult with a KY attorney about suing for Specific Performance. Hopefully you were ready to execute the contract. If you win, you have to have the money to purchase the home the Court says you can buy. Other damages are doubtful.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Are deed and/or survey required for someone to sell land in Kentucky?

Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase... View More

Anthony M. Avery
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answered on May 8, 2023

If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all... View More

1 Answer | Asked in Real Estate Law, Municipal Law and Gov & Administrative Law for Kentucky on
Q: We live in the country in Ky, this group of outfitters bought and old church and want to make it a lodge for the hunters

Also an event center, the ground and the building has 10 restrictions, can they still do it. Should only be a church

Anthony M. Avery
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answered on Apr 19, 2023

Hire a KY attorney to search the Title. If there is a reverter clause, then the grantor's heirs might now own it. It will require a difficult Quiet Title Action to get Title. Best course is to have the last Trustees of Church AND grantor's Heirs sign a Quit Claim Deed as grantors.... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can I put a lien on property that I sold with a verbal agreement?

I sold my grandson a house with a verbal agreement that he would pay $500.00 a month and deeded it to him. He made several payments and then he decided he didn't want to pay anymore. I have kept record of all the payments he has made. What can I do now?

Peter J. Weinman
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answered on Mar 16, 2023

Unfortunately, you have an uphill battle without a written agreement, like a promissory note. I'm going to assume (since you say it was a verbal agreement) you did not record a mortgage - which would have given you leverage (foreclosure). The fact that he made some payments is good... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Kentucky on
Q: A house was never transferred on parents death (10+ years ago) to the children. What is required to make that happen

Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?

Timothy Denison
Timothy Denison
answered on Mar 15, 2023

You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.

3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Kentucky on
Q: My mother sold an acre of her life estate that my sister will get. The check was in my sister's name. But my mom got it.

The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More

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