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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Kentucky on
Q: My taxes were bought by a 3rd party. I've mailed payment in full, they've failed to pick it up for weeks. What do I do?

Debt collector requires money orders. Payment has been waiting for them at usps for 15 days. USPS supervisor confirms that my money orders are there. The debt collector's office has been notified and I have contacted them to inquire why it hasn't been picked up with no concrete answer.... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2020

Not much you can do except wait for them to cash and release liens. Any other action on your part at this juncture would be too costly and premature.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Purchase a piece of property in Kentucky for and was in the process of selling it when title issues we discovered

I have title insurance. Title company admits to oversight. I made a claim. What is the company’s responsibility? Fear of losing buyer’s interest. I would never of bought property if I had known of issues

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Title Insurance does not have many covered risks. Hire an attorney to clearly state your claim under the Policy. Usually if the risk is covered, the Title Insurance Company will attempt to cure the title defects, but rarely pays out any money to the insured. If the Claim is denied, you might... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: can i sale my property before lifetime tenant death if lifetime tenant doesn't uphold responsibilities

My mother is lifetime tenant after her death it goes to me

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No, you can only sell your remainder interest.. This assumes that there is indeed a life estate/ remainder deed.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: purchasing under land contract what should I do about my piece and neighbors pieces of land?

I am purchasing a piece of land in ky under land contract and i found out my section and my neighbors sections arent platted out but we are all buying a piece off one main land what should we do because when it is paid for how is the land owner going to transfer title to everyone? We initially... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2020

You should have each piece surveyed and divided into tracts. Each piece of land will require a separate description. If you don’t survey it now, you are headed for legal trouble later.

2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: How do we get out of a life estate?

A family member left her son a life estate and upon his passing left it jointly to myself and my brother and then to each of our children. The problem is the current life tenant struggle with both up keeping a very large farm and also financially struggles to pay the taxes due on it. Him, myself... Read more »

Timothy Denison
Timothy Denison answered on Sep 4, 2020

If the current life tenant wants to sell, and both remainder men are in agreement, just sell it to a purchaser. OnCe all three of you sign a deed, the life estate is extinguished and the property can be conveyed.

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1 Answer | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Can a man and woman (married for 35 years) leave house, 10 acres, and belongings to her child and not include his kids?

My father and stepmom bought 10 acres and built a house on it about 10 years ago. They revealed to me that the house and property will go to stepsister instead of splitting it between all kids. The property is in Kentucky.

Timothy Denison
Timothy Denison answered on Aug 23, 2020

Yes. They can do as they wish. Children have no right anything.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I signed a contract on my house when I sold it stating that I would moved out in 14 days need more time

the real estate agent for extension she refused to help we r disabled what r my options

Timothy Denison
Timothy Denison answered on Aug 17, 2020

You’re pretty much stuck if you’ve already closed. Also depends on the penalty for breach of contract. You might try contacting the sellers directly and asking them.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My husband and I had a trust made in2001 and then bought property in ky in2002. The trust wasn't recorded and now my hus

My husband and I had a trust made in 2001 and bought property in ky in 2002. The trust wasn't recorded but the deed states Robert and rose husband and wife now in2019 he passed away with both our wills states the other receives all property. Now I'm trying to sell it and atty states that... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Have a real estate attorney review everything and he can tell you how to clear the title.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Four siblings own a property, One sibling resides there. Is there an agreement for this? Do they have different rights

We are trying to make guidelines for them to pay property taxes, etc. In lieu of rent. Since they are the residential owner do they have any additional rights or ownership? No one wants to sell the property but an agreement is not being made verbally. Just trying to find structure.

Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

Tenants In Common own undivided interests in the property. There are no rules about who pays what or maintains. During Partition Suits, sometimes contributions are claimed for reimbursement. You all can make a partnership agreement amongst yourselves, then each partner could sue to enforce it.

2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: Land contract seller trying to evict me.

The seller after a yr told me the contract wasn't valid because the type of loan he had on it. He later tells us his wife at the time intended on me remodeling it and then listing and. Selling it. Now he calls me telling me he has to sell it because he is divorcing, and he's listing it. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 2, 2020

A so called land contract is actually a lease with option to purchase. You do not own anything. It will take awhile for the eviction process to remove you from possession. But do not invest any more money and labor in the property, while looking for somewhere else to live. You may get the... Read more »

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: My husband and I bought a home with my sister in October 2019

We share a kitchen and a dining room. My husband and my children And I live on the second floor and she lives on the first. Since then she has taken on a friends three kids and got upset because I wouldn’t raise them for her. Now she has left the property for a month or two while we “figure out... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 23, 2020

You probably need to file an Action For A Sale For Partition. Hopefully there is sufficient equity in the property to make it work. You did not state what the Title was, but with equity, Partition should work.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Hello, I am currently a business owner leasing a building. How can I find out who actually owns the property for sure ?

The previous landlord had passed away in the year of 2014. Her son had signed a new lease with us. Till this day the property tax still comes under his mother's LLC. It has been more than 5 years, how long can it take to register the property under his name if he is the only son ? I have been... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 19, 2020

If you really want to know then hire a competent attorney to conduct a title search. More than likely he has never filed an Affidavit of Heirship, nor has there been a Probate of a Will. If it was foreclosed upon, or a tax sale occurred, you probably would have already been notified by the new... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can you sell a piece of land on line? Like can I buy land from my son he is Ky Iam in Fla.

Can it be done thru the mail with a notary stamp?

Timothy Denison
Timothy Denison answered on May 10, 2020

It can’t be fine on line but it can be drone through the mail.

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1 Answer | Asked in Civil Rights and Real Estate Law for Kentucky on
Q: My boyfriend and I mortgage a house together, both of our names are on the deed.

His daughter recently got guardianship over him what will happen to the house does his daughter have rights can she kick me out will I lose the house or is the house mine where she has guardianship over him does he have any rights to our home

Timothy Denison
Timothy Denison answered on Apr 24, 2020

You are either joint tenants in common or joint tenants with rights of survivorship, depending on the deed. You both still own it together in some fashion.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Is it a requirement in Kentucky to have to close on a home within 6 weeks after signing a purchase contract?

We would prefer to wait 90 through 120 days. Is this possible? If so, how?

Vincent Gallo
Vincent Gallo answered on Apr 21, 2020

I would suspect that the terms of the contract would govern when the closing will take place.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Purchasing Real Estate from LLC, and a Member passes away before closing

We are under contract to purchase properties from a a Kentucky LLC. The members are a husband & wife. The husband passed away last week. How does something like this effect/delay a closing date?

Timothy Denison
Timothy Denison answered on Mar 27, 2020

Depending on the structure of the LLC, and assuming decedents interests pass to his wife. You should be able to close on time or with a short delay. However, if decedents interests pass to someone other than his wife, that’s could be problematic.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: 2020 Kentucky requirements on a quit claim deed?my dad is transferring / giving me 2.31acres and I'm doing it online.

He has land that has been decided. Now they are separate. He is giving me the lesser acred price of land. 2?31 acres. I'm doing it online because I can afford a lawyer. As far as description of property. I have Book:*** Page:*** Map Number-091-00-00-000.00 Class-Residential Property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

You have no idea what you are doing. Your legal description is unenforceable. Hire an attorney to draft an enforceable conveyance, or forget about it. If you cannot afford a QCD then you cannot pay taxes either.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If my timeshare deed was never signed due to a mistake by the timeshare company, am I legally responsible to pay for it?
Michael Hales
Michael Hales answered on Feb 18, 2020

A contract must be signed by the party against whom enforcement is sought. If you never signed the contract, you have an argument that you never agreed to the terms of the offer. The timeshare company, however, may have arguments that you did agree (i.e., making payments after closing). I'd... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I am under contract on a house (that has beginning stages of mold found after inspection). We put in a contingency

In our offer that it must pass home inspection. Inspection was scheduled before the required date, but due to inspectors schedule, was completed after the required date, the seller agreed to this date. Since mold is present and the home must have a new roof, we do not wish to continue with the... Read more »

Vincent Gallo
Vincent Gallo answered on Feb 17, 2020

From what you stated, it appears that a lawsuit for the termination of the contract and the return of the deposit may be your only solution.

2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Much has been given to my son. Real estate, automobiles, cash, and farm land adjoining my current farm .

He now has the small tract of farm land up for sale. Is there any legal way to stop such activity ? He is currently going through divorce and ran wife off, so he could take up with a married lady. Am wondering if there is some type document that can be filed for the return of equity that he has... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

The thing about gifts is you can't take them back. The best you can do now, if you have other children or beneficiaries, is make sure your clearly takes into account these prior gifts as advances against his inheritance.

Just FYI, had you hired an attorney before making those gifts,...
Read more »

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