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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Family Law and Arbitration / Mediation Law for Kentucky on
Q: What are my rights in an estate settlement if my parent chooses not to have a written will and I have a brother?

I "exclusively in my name" own my own doublewide home that is currently located on the land my parents own. My home is located on a lot of land directly adjacent to my deceased fathers garage "roughly 4 feet away wall to wall", whereas my mother lives in her home on the opposite... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

You each get 1/2 under the Kentucky intestacy statutes.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Legal steps to taking ownership of old family property

We have been taking care of old family property for 10+ years( taxes/upkeep) There are 4 brothers on the deed 3 are deceased. The one left wants us to put it in our name. What will need to be done to make that happen?

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Hire a competent KY attorney to determine Heirship and draft an enforceable Deed for all Heirs to convey their interest to you. An Affidavit of Heirship should probably be

recorded as a source of title.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a "tenancy by the entirety" co-ownership with someone I was never married too. Will this error help or hurt me.

For the past 3 years she has lived in the house and refuses to sell the house. She will not allow me to use the property. Can I partition to sell. Will the co ownership error help or hurt me if I take her to court? I also am a co-signer on the loan.

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Should help you. File suit to sell and divide. Likely cannot be partitioned but it can be sold.

2 Answers | Asked in Real Estate Law, Tax Law and Arbitration / Mediation Law for Kentucky on
Q: Late September earlyOctober 2020 I noticed my neighbor's property up for sale by owner Had a verbal agreement

Purchase a home and offered asking price if the seller agreed to close before the end of the year

Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me

don't know if there's... Read more »

Jerome P. Prather
Jerome P. Prather answered on Aug 30, 2021

Under Kentucky law, contracts for the sale of real estate generally must be in writing before they can be enforced. KRS 371.010. A lawyer may be able to help you with your specific situation.

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2 Answers | Asked in Foreclosure, Real Estate Law and Civil Rights for Kentucky on
Q: Can I sue seller of land contract for my equity in my home ; Foreclosure filed

Purchase price. $132182

Cash down. $43082

Payments $23160

Appliances $ 3850

Balance. $65940. TOTAL EQUITY

Seller started Foreclosure suing me $11000

Non compliance House Insurance

Non... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

The claim against the seller belongs to your trustee in bankruptcy.

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: Kentucky..my sister abandoned her share of inherited home. I have paid all maintence and upkeep for 3 years.

Can I take her share. Currently I own 3/4 she has 1/4. I have sent her invoices that she ignores. I feel she has abandoned the property

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

You cannot adversely possess against other Tenants In Common. She owns an undivided interest in the real property also whether she pays bills or not.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I sold my home and property never received my money. There is also third party involved, should I sue both at once
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

If the third party was involved in the transaction, then yes, sue all involved. You obviously have serious problems and have no idea what your cause of action is. You must hire a competent KY attorney immediately. Time is of the essence here, as collecting a Judgment may be impossible.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably... Read more »

2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 2, 2021

If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal... Read more »

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1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: Are you entitled to a copy of something that you signed even if there is no date for a move-in date on it

They told her because it was not dated that she could not get a copy of it. Second part is they told her she could not move out even though her lease is up on 10 June she cannot move out until the new apartment is ready for her to move in meaning if it’s ready on the 15th she hast to stay there... Read more »

Timothy Denison
Timothy Denison answered on May 25, 2021

Yes. You are entitled to a copy.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I signed a contract to sell my house, is there any way to back out?
Timothy Denison
Timothy Denison answered on May 19, 2021

Depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Contracts for Kentucky on
Q: Do I have to give left over property to previous owner.

I have owned the property for almost a year now and the previous owner still hasn't retrieved anything off the ground but wants to try now after this long and I don't want him to have it now without compensation of some kind maybe even storage fees?

Timothy Denison
Timothy Denison answered on May 5, 2021

Depends on the circumstances under which the property was left on your premises.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: My father passed away inestate a year ago. My stepmother wants me to sign a quit claim deed.

It seems I was named on an affidavit of heirship. Does this mean I would be signing away my inheritance? My dad owned the land before they married, when he was married to my mother. My dad lived in Tennessee. I live in Lexington Ky.

Timothy Denison
Timothy Denison answered on Apr 21, 2021

Yes, you would. You should consults a lawyer regarding your share before you do anything.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Paying off old house mortgage. How can I give the title to the City in Kentucky?

I bought the house from my parents years ago. The foundation has become unsafe and I am not fixing it. The house was built in the 1900's. I am paying off the mortgage in June and do not want the house. Can I give the title to the city in Kentucky, even if they do not want it? If not, what are... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 21, 2021

If you are paying the mortgage note, then why throw the money away? List the property for sale now. You should get some offers, quick. It may still be a loss, but you should recoup something and will probably make a profit, and have to pay capital gain taxes. If the taxes are not paid,... Read more »

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Looking at Purchase. Owner(Husband) wants out. May be issue with an estate/probate. In Kentucky. Limited knowledge.

Current owner(husband) pays current mortgage. His wife passed away a few years ago. No will or estate/probate was done upon death. He wants to sell now. She was gifted real estate from family. They were married at the time of the gift. He just found out his name was not on deed to the real estate.... Read more »

Timothy Denison
Timothy Denison answered on Mar 29, 2021

Husband has a 1/2 curtesy interest in the real estate and a 1/2 curtesy interest in the personal property. He should immediately hire a probate attorney to assert his rights.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can anything be done after a year of living in new home, but just now coming across problems.

My family has lived in this has for a little over a year during the inspection before the home was bought they made a list of problems that needed to be fixed, however they did not disclose information about a large hole in the wall that hid behind cabinets that the owners tried to patch with sheet... Read more »

Timothy Denison
Timothy Denison answered on Mar 23, 2021

Yes. If they failed to disclose the defects, you have a cause of action against them.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Do we have to move our fence if when we put it up we thought it was on our property line ?

Fence has been up for 18 years . The property next door has sold 4 different times no one has said anything until this last owner who had it surveyed . We're over the line by 4 inches . He says he wants to build a house and says our fence is keeping him from building it and putting a driveway... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Acquiesence generally needs at least 20 years to establish the Boundary. You might hire a competent attorney to approach them with a possible Boundary Line Agreement, with possible payment by you to them. It is up to them to file suit, and they will have a burden of proof to show encroachment.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »

Timothy Denison
Timothy Denison answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

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