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Kentucky Real Estate Law Questions & Answers
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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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 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 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 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 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 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 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

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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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More

2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Kentucky on
Q: My daughter has lived with a guy for 20 years.they have two children one still lives at home she is 15.can her boyfriend

force her to leave.dose she have any clame on the house

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: My Bank gave me original Deed of a house I have not paid mortage for, do I still have to pay for the house?
Anthony M. Avery
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answered on Nov 23, 2022

If you signed a Note and a Mortgage or Deed of Trust, then you have pay the lender or it will Foreclose. If you did not get a Deed, then you are not the Notemaker and Mortgagor. Only when the Note is Released of record do you not pay anymore.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

1 Answer | Asked in Real Estate Law and Tax Law for Kentucky on
Q: If property is sold to someone and they do not have it recorded in county clerk office

You have them to get this out of your name and there is tax's owed against it in your name what is my rights

Anthony M. Avery
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answered on Oct 26, 2022

The tax owed is a lien against the land, not the owner personally. Owner's name is listed so he gets a tax bill. Notify the County taxing authorities of the change of ownership, but do not be surprised nothing changes until the deed is of record.

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