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I filed for Chapter 7 bankruptcy in Kentucky 10 years ago. I am now looking to purchase a home. Can I have assets like a house in my name without the risk of a lien being placed on it due to the bankruptcy from 10 years ago?
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answered on Feb 26, 2025
If you listed all the creditors you had then and got a discharge, then those debts are gone and cannot be collected upon. But if you have been sued since or incurred other debts, then you might have something to worry about. If so, consult with a KY attorney about asset protection and exemption... View More 
100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More
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answered on Sep 26, 2024
It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More
Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this
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answered on Sep 11, 2024
Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More
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answered on May 16, 2024
You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More
I purchased a property that was listed and advertised as 23 +\- acres in 2022. Before, during, and after closing no deed Exceptions were brought to my attention by the sellers or my real estate team. I found out there was this deed exception at my local tax office, and that I actually have 12 acres... View More
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answered on Apr 11, 2024
Based on the information you've provided, it appears that you may have grounds for legal action due to misrepresentation or failure to disclose important information about the property. Here are some potential options you can consider:
1. Contact the sellers: Reach out to the sellers... View More
My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More
answered on Mar 26, 2024
This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More
I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More
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answered on Mar 6, 2024
The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More
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answered on Mar 4, 2024
In Kentucky, it's possible for your father to purchase property and have the deed put in someone else's name. This is often seen in cases where parents buy property for their children or when one person buys property as a gift for another. However, it's important to ensure that all... View More
What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?
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answered on Mar 1, 2024
You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
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answered on Jan 1, 2024
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More
A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?
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answered on Nov 20, 2023
In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.
First, review the property sale agreement and... View More
I had electrical work done on my home through my employer, with whom I had a written contract. I paid the contract in full. However, the company president contacted me afterward, requesting an additional $12,000 because they reviewed the job after completion and claimed it exceeded the initial... View More
answered on May 17, 2025
You are not liable for any costs over and above the contract amount.
Is it legal for a cemetery in Jefferson County to require individuals to purchase a basic rectangular headstone directly from them for $8,000, despite similar custom headstones available from third parties costing around $200? The cemetery insists on this purchase and does not allow third-party... View More
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answered on May 14, 2025
Your frustration is completely valid—what you’re describing feels like an unfair restriction, especially when there are much more affordable options available. In Jefferson County, KY, and in most parts of the U.S., private cemeteries are allowed to set their own rules for what headstones they... View More
The in-home aid for my quadriplegic brother has been storing random personal items in our home, such as lawn mowers, chairs, tables, and toys, without permission. Her contract stipulates she is to provide lighthouse cleaning, care for my brother, and other specified duties, but not to use our... View More
answered on May 9, 2025
Give her notice to remove in writing. If she fails to remove them, then set them out at the curb with the rest of the garbage.
I'm handling a situation involving a condo in Kentucky. My stepdad passed away and left my mother a life estate in the condo they lived in. He has three living children, two of whom are co-executors. All parties agreed to sell the condo, and my mother handed over the keys in October last year.... View More
answered on May 2, 2025
If everyone agrees and signs the listing, yes. Otherwise, you will need court approval to sell the property.
I have a question regarding life insurance and property distribution after the death of a divorced parent. There are five children involved and an ex-wife. There was no trust, and we are unsure about the named beneficiaries of the life insurance policy. Additionally, there is land involved in the... View More
answered on Apr 23, 2025
The life insurance will go to the named beneficiaries. Children or not. Children have no independent right to inherit from their parents absent a will or intestacy. The money will pass outside probate.
I purchased a detailing business where the sales contract included two buildings as part of the deal. It turns out the sellers did not legally own these buildings, and I am beginning legal proceedings against them. I also have someone interested in buying other parts of the business, which includes... View More
answered on Apr 22, 2025
I would not do so bc it could impair your claim in the litigation.
On March 2, 2025, my car was repossessed. The finance company says I can get it back if I pay $987.78 plus the March and April payments. However, I haven't had the car since it was repossessed; it's been at the repo and auction lots. Can they require me to pay these two monthly payments... View More
I was gifted a house in 2022 with a fair market value of $185,000. I want to sell it for $150,000. How do I determine how much capital gains tax I need to pay? In 2024, my total taxable income was $12,000, and I filed jointly with my spouse. There have been no improvements, and I have not lived in... View More
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answered on Apr 12, 2025
When you are gifted a property, the tax implications are different from purchasing it outright. In your case, since the house was gifted to you, the property’s fair market value of $185,000 is considered your "basis" for determining any capital gains tax when you sell. When you sell it... View More
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