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Kentucky Real Estate Law Questions & Answers
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 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

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.

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

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.

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 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.

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.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: In Kentucky, I purchased 85 acres in February of 2022.

I purchased 85 acres in February of 2022. I did not have it surveyed. My 73yo neighbor (in declining health) has lived on his property for over 40 years. He tells me he has no idea where our property line is located. But if you were to look at the map of the real estate listing, and you were to... View More

Anthony M. Avery
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answered on Oct 10, 2022

You and your predecessors in title have probably already acquiesced to the boundary. Survey at least the boundary line and get a KY lawyer to draft/execute a boundary line agreement to be recorded. You might go after your buyer on a warranty deed, but it would be expensive and doubtful. Tax... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... View More

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

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