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Kentucky Real Estate Law Questions & Answers
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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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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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 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 Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for Kentucky on
Q: Do I need to name an employee defendant for false representation to sue employer?

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

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

You will need to name the employee defendant as well as the employer.

1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Kentucky on
Q: How can we regain property rights with a cell tower lease issue?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Tax Law and Real Estate Law for Kentucky on
Q: Could gifting a $120,000 house in KY to my sister impact her income taxes?

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

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Yes indeed. You'd better have her consult her tax professional before you begin transfer proceedings.

1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: How to retrieve a car illegally towed without court in KY?

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

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

You will have to pay the tow fee. Otherwise, you will have to go to court.

1 Answer | 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?

John Amos Whatley
John Amos Whatley
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.

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.

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.

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