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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Kentucky on
Q: Me and my wife got married in July. She lived in housing but I never moved in. Now they want back payment. Is this legal

I have leases from other residents showing I did not live there.

Timothy Denison
Timothy Denison answered on Jan 10, 2022

Did you sign a lease on this housing? If not, you owe nothing.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My father was buying his home in KY on a land lease contract. Can I take over his contract as his next of kin?

My dad died last week in Kentucky and was very close to paying off his land lease contract. I think he only has about $4,000 left to pay. I am his only child and next of kin. Can I pay off the contract and get ownership of the property?

Timothy Denison
Timothy Denison answered on Dec 26, 2021

Yes. You can.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Listed on deed of deceased fathers property. It was sold without my knowledge. They want me to sign away my rights to it

I had to knowledge of being listed on deed. I was told 20 years ago I had no claims to to my fathers estate by a local attorney. Now I find out I’m on the deed with strangers whom purchased it and they want to sell it so they are asking me to sign relinquishing any rights to the land. I was left... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 30, 2021

You may be a Tenant In Common by Deed Conveyance or Heirship. You need to hire a competent KY attorney to search the title and determine ownership. You may wish to file a Partition Action or sell your interest by agreement, especially if your interest is insignificant or speculative. Either way... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Kentucky on
Q: Any way to challenge a deed transfer from 7 years ago.

Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2021

You may be able to challenge it depending when you learned about the problem.

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Kentucky on
Q: Appraisal came back lower than initial accepted offer Sellers agreed to sell at lower price. Sellers are going to sue us

Appraisal came back Monday evening and scheduled to close Thursday. We did not accept new appraisal offer due to the loan to value ratio and made a counter offer Thursday morning (closing day). Seller won’t accept our offer and is going through with legal action. Does the seller have grounds to... Read more »

Timothy Denison
Timothy Denison answered on Oct 28, 2021

What is your question?

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: is a Real Estate Contract the same as a land contract
Anthony M. Avery
Anthony M. Avery answered on Oct 27, 2021

Possibly but probably not. Land Contracts are actually lease with option to purchase, which are very bad for the lessee/"purchaser" who may never get a Deed. Real Estate Contracts are usually a Contract to purchase real property, where the buyer gets a Deed at closing.

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.

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