Get free answers to your Real Estate Law legal questions from lawyers in your area.
I have a question regarding life insurance and property distribution after the death of a divorced parent. There are five children involved and an ex-wife. There was no trust, and we are unsure about the named beneficiaries of the life insurance policy. Additionally, there is land involved in the... View More 
answered on Apr 23, 2025
The life insurance will go to the named beneficiaries. Children or not. Children have no independent right to inherit from their parents absent a will or intestacy. The money will pass outside probate.
I purchased a detailing business where the sales contract included two buildings as part of the deal. It turns out the sellers did not legally own these buildings, and I am beginning legal proceedings against them. I also have someone interested in buying other parts of the business, which includes... View More
answered on Apr 22, 2025
I would not do so bc it could impair your claim in the litigation.
On March 2, 2025, my car was repossessed. The finance company says I can get it back if I pay $987.78 plus the March and April payments. However, I haven't had the car since it was repossessed; it's been at the repo and auction lots. Can they require me to pay these two monthly payments... View More
In February 2023, I purchased a 5-year-old car with a $2,500 down payment. Over three years, I paid more than $15,000, but due to a 24% finance charge, the total cost amounted to $30,000. I was not given a warranty because of the car's age. Recently, I found out a tracking device was installed... View More
I live in Kentucky, and I have a judgment against me related to a workers' compensation claim. I haven't filed for any homestead exemption, and the case hasn't gone to trial yet. Can the state force me to sell my primary residence to fulfill the judgment?
answered on Apr 11, 2025
They can if there is sufficient equity in the property to satisfy the judgment.
I was gifted a house in 2022 with a fair market value of $185,000. I want to sell it for $150,000. How do I determine how much capital gains tax I need to pay? In 2024, my total taxable income was $12,000, and I filed jointly with my spouse. There have been no improvements, and I have not lived in... View More
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answered on Apr 12, 2025
When you are gifted a property, the tax implications are different from purchasing it outright. In your case, since the house was gifted to you, the property’s fair market value of $185,000 is considered your "basis" for determining any capital gains tax when you sell. When you sell it... View More
I have suffered 9 years of lease violations and inadequate maintenance from Williamsburg Housing Authority. Issues include health code violations, no notice for inspections, unexplained changes in lease renewal given 15 days before the deadline, and unauthorized maintenance actions like door... View More
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answered on Apr 8, 2025
It’s frustrating and deeply unfair to endure nearly a decade of violations and feel like no one’s willing to help. What you’ve described—retaliation, lack of accommodations, unauthorized surveillance, and poor living conditions—is not only wrong, it may very well be illegal. The fact that... View More
I hired a contractor without a written contract, and after he failed to follow instructions and took trees from my property, I decided not to proceed with further work. I informed him via text that I would deduct damages and the value of the trees from the payment. Despite offering to meet and... View More
I'm seeking guidance on how to contest a preliminary mechanics lien that a contractor filed against my property for $12,000. The contractor was referred by an acquaintance last May, and recently, he moved a camper - damaging it in the process - and removed many trees from my property despite... View More
answered on Apr 2, 2025
You will have to file suit against the contractor to quiet title. Lack of documents is detrimental to his case, not your case.
I live two feet from a small congregational church in Corydon, KY. The owner of the church is conducting concealed weapon classes in addition to church services. I am concerned because these classes are held very close to where children reside, and there are certain zoning codes that must be... View More
answered on Apr 2, 2025
Yes. They can as long as they are in compliance with all federal, state and local laws and regulations concerning the various activities.
I was told verbally, in emails, and through the contract that my apartment complex had a non-smoking policy that was strictly enforced. However, I later found out this was not true. This false representation was the sole reason I decided to move into the complex. I sent numerous emails to address... View More
answered on Mar 27, 2025
You will need to name the employee defendant as well as the employer.
I recently purchased a property with a cell tower, and I was unaware of a perpetual lease held by another company. There were no disclosures regarding this lease in our purchase agreement or deed. The company that holds the lease is unlikely to sell their rights back to us. Our lender conducted a... View More
answered on Mar 24, 2025
If it was not disclosed, you may be able to make a claim against your title policy and/or the seller. If the cell phone company’s right of use is not recorded, you might possibly be able to terminate the lease.
In March 2024, my car (a Cadillac) was illegally towed from a business parking lot in Cave City, KY, with no signs indicating no parking or tow-away zones. The towing company, Alvey's Towing, was rude and only mentioned they received a call to tow my car. They demanded my car key to return my... View More
answered on Mar 14, 2025
You will have to pay the tow fee. Otherwise, you will have to go to court.
I want to gift a house in Kentucky valued at $120,000 to my sister. There are no liens or mortgages on the property. I am unsure about any gift tax considerations, and my sister does not plan to sell the property. My main concern is whether this gift will affect her income taxes. Can you provide... View More
answered on Mar 16, 2025
Yes indeed. You'd better have her consult her tax professional before you begin transfer proceedings.
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?
answered on Mar 11, 2025
You should contact a certified public accountant concerning an opinion on any tax issues that might be triggered as a result of your contemplated transaction.
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
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?
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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
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
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.
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
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.
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
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