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Kentucky Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I paid off lien on property. Creditor hasn't signed off after several attempts. How do I proceed?

Paid off completely $140k lien placed by seller. Have money order receipts for total amount. He's out of state. Sent a release certified mail three times. No response. Phone number I had is out of service. I don't even know if he's still alive.

How long will it take a court... View More

Anthony M. Avery
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answered on Jan 30, 2024

You need a competent KY attorney to file suit to Quiet Title, declaring the lien released. Have good proof of timely payments. Publication Service may be necessary. Certified Copy of Judgment is recorded to release the lien.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can we sell land in Breathitt County Kentucky without knowing all of the owners?

The land has been passed down from generation to generation. There are several owners and we cannot find a few of them. How would we be able to sell the land?

Anthony M. Avery
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answered on Jan 18, 2024

You will need a very good KY attorney to determine heirship. A Quiet Title action, and possible Ejectment, will probably be needed. A sale should be made by Quit Claim Deed only.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a question about rental payment confirmation emails.

A friend of mine paid my rent online for December and I received a confirmation email with the following "This email confirms we have received your one-time online payment." The email goes on to list a confirmation number, last four digits of the card, and payment amount. I have since... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Yes. It is binding unless it did not go through for nsf or lack of credit.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Kentucky on
Q: Can my landlord say she won’t send a maintenance worker to my apartment due to illness?

I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Unclaimed property in Kentucky

I live in Kentucky and I’m trying to fill out an unclaimed property form. The money is a sum of $5,000 and it’s from my dead dad. On the form it ask for the Co-owner signature. What does that mean?

Anthony M. Avery
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answered on Aug 2, 2023

Without a Will being Probated, the next of kin of the Decedent take the personal property. All next of kin will have to sign as co owners. You might need a KY attorney to determine their identity and draft an Affidavit.

2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
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Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: What am I able to do if home seller breaches contract and "doesn't want to sell their home" now?

Located in Kentucky. I went under contract to purchase a home for $250,000. After appraisal, the property was valued at $240,000. I also paid for an appraisal asking for the home value after significant remodels and renovations were done. That appraisal came in at $320,000. The seller has... View More

Anthony M. Avery
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answered on Jun 27, 2023

Consult with a KY attorney about suing for Specific Performance. Hopefully you were ready to execute the contract. If you win, you have to have the money to purchase the home the Court says you can buy. Other damages are doubtful.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Real Estate Law, Municipal Law and Gov & Administrative Law for Kentucky on
Q: We live in the country in Ky, this group of outfitters bought and old church and want to make it a lodge for the hunters

Also an event center, the ground and the building has 10 restrictions, can they still do it. Should only be a church

Anthony M. Avery
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answered on Apr 19, 2023

Hire a KY attorney to search the Title. If there is a reverter clause, then the grantor's heirs might now own it. It will require a difficult Quiet Title Action to get Title. Best course is to have the last Trustees of Church AND grantor's Heirs sign a Quit Claim Deed as grantors.... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Kentucky on
Q: A house was never transferred on parents death (10+ years ago) to the children. What is required to make that happen

Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?

Timothy Denison
Timothy Denison
answered on Mar 15, 2023

You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Neighbor had partial survey done in 2006. Surveyor did not establish correct corner or calls per our deed

We have a recent survey showing correct call. What recourse do we have?

Anthony M. Avery
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answered on Feb 20, 2023

Hire a competent KY attorney to file a Boundary Line dispute. Otherwise over time you will acquiesce to their new boundary line.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: Do KY listing Realtors have to disclose pending litigation that can affect the property in the future?

House is listed in HOA neighborhood; Hoa has pending lawsuit that homeowners will pay if case is lost. The listing agent was aware of litigation and did not disclose and let the seller check the box NO that there was litigation pending even though realtor knew litigation pending.

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Yes. That should have been disclosed rather than checking no if the realtor knew about the pending litigation.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: I had a land contract paid it off however before it transferred they passed. How do I get the house and lot in my name

I bought the house and land from my grandparents. My grandpa passed in 2014 and my grandma in 2018. I paid it off in early 2018 right before my grandma got sick and passed. They have 3 children and two aren’t wanting to give me what I rightfully paid for. I have been threatened to be kicked out... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You’ll have to file suit to quiet title if they won’t transfer the property to you.

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Identity Theft for Kentucky on
Q: I need HELP! In KY my dad died in 2013 & my mamaw in 2014. I didn’t know about probate & I was never told about it..

I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You need a local attorney who has access to all the necessary information.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: How can I be reimbursed for updates I did to my mother's house, in order to sell? She passed away with a will.

There are 4 siblings, sister executor, my sister and I are the only ones who worked to update house, in hopes of fast sell. Sister promised me 1/2 of executor payment for doing the updates. Now I found there is no mention of executor getting extra, in the will. How can I make sure I get paid for... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

File a proof of claim in the probate case with receipts and itemizations for all the work you did and all the materials you bought.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: House next door abandoned 1.5 years when my neighbor passed. Beautiful 1940's bungalow. Since then, druggies have made..

House next door abandoned 1.5 years when my neighbor passed. Beautiful 1940's bungalow. Since then, druggies have made it home.

BeenVerified tells me AmeriSave made the mortgage in 2018. I emailed them, said the house was being ruined and I was interested in buying it.

Bank... View More

Anthony M. Avery
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answered on Jan 5, 2023

If you are really interested in buying the parcel, then hire a competent KY attorney to search the Title. That should disclose alot about who owns it and what loans are secured against it. Then you can pursue it if you want.

1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: I toured an apartment and began the process of the application process through their website.

I was not asked to pay any application or reservation fees at the time. I also never finished the application process (did not provide pay stubs or pet information) and backed out mid-way through because I decided on another location. The leasing office told me (in writing) I did not owe them any... View More

Timothy Denison
Timothy Denison
answered on Nov 18, 2022

You don’t owe them any money (unless you signed something agreeing to pay) so do t pay them any money. It’s not worth look egss as l action at this point but you might want to write them a letter saying debt not owed.

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