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Kentucky Real Estate Law Questions & Answers
Q: Should I pay my son's mortgage with estate money before assuming it?
I'm the next of kin and the executor of my son's estate in Kentucky. Probate has started, and aside from the mortgage, there is one other debt for windows. Is it better to pay the mortgage with estate money before assuming his mortgage?
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Nina Whitehurst
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answered on Sep 26, 2025
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answered on Sep 26, 2025
If you pay off the mortgage then there will be no mortgage to assume. Not saying don’t pay it off. Just pointing this out.
If you choose not to pay off the mortgage you do NOT have to assume the mortgage. All you have to do is provide documentation to the lender proving your status as... View More 
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Employment Law, Landlord - Tenant, Collections and Real Estate Law
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Kentucky
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Q: My boss withheld my paycheck after I left my job in Kentucky and is holding my mail. How can I resolve this and retrieve my paycheck and mail?
I was fired or involuntarily left my job before August 25th in Kentucky, and my last paycheck should have been issued by September 15th, according to state law. My former boss has withheld my paycheck and has not responded to my inquiries, even blocking my communication. I have already filed a... View More
Barry W. Kaufman
answered on Sep 22, 2025
answered on Sep 22, 2025
If your boss is holding your mail against your wishes, you can report this to the US Postal Inspection Service (this NOT the same this as reporting it to your local postmaster) at https://www.uspis.gov/report. You'd better make sure that you have a good faith belief that she is retaining your... View More
Q: No restrictions on land title; HOA dues request
I recently discovered that the title for my land indicates "no restrictions," but there used to be a homeowners association attached. The association sporadically performed maintenance, and although there's no longer an association tied to my land title, they are still requesting... View More
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Anthony M. Avery
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answered on Jul 31, 2025
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answered on Jul 31, 2025
Before doing anything else, hire a KY lawyer to search your title. It looks like you are only looking at your Deed which is not the chain of title. Your Deed is subject to whatever is in your title. That HOA was formed at some time, and most assuredly with a set of restrictions being... View More
Q: Can I sell part of my Kentucky property with a bank lien without lien holder approval?
I own a property in Kentucky with an active lien held by a bank on the entire property. I would like to know if I can sell a portion of my land to a private buyer, despite the lien. Furthermore, I am interested in understanding if any sale would need to be approved by the lien holder, or if the... View More
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Anthony M. Avery
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answered on Jun 2, 2025
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answered on Jun 2, 2025
Almost for sure the lender has a due on sales clause in the security instrument. So if you sell collateral to someone without the lender's approval, default and foreclosure occurs. You will need lender's approval for a partial release of their lien. If this is just a judgment lien,... View More
Q: House purchase post-Chapter 7, lien risk?
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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Anthony M. Avery
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answered on Feb 26, 2025
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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
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?
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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Anthony M. Avery
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answered on Sep 26, 2024
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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
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien
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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Anthony M. Avery
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answered on Sep 11, 2024
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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
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.
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
Timothy Denison
answered on May 16, 2024
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
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?
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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Anthony M. Avery
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answered on May 16, 2024
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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
Q: I purchased a property advertised as 23 acres and I wasn’t informed of a deed exception (-10 acres), what are my options
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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James L. Arrasmith
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answered on Apr 11, 2024
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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
Q: How will a couple’s divorce impact my rights on a property I co-own with them?
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
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Anna Aleksander
answered on Mar 26, 2024
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
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?
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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Anthony M. Avery
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answered on Mar 6, 2024
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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
Q: If my father pays for property can the deed be in anothers name in KY? If so, what are the tax implications for him?
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James L. Arrasmith
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answered on Mar 4, 2024
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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
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!
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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Anthony M. Avery
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answered on Mar 1, 2024
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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
Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file
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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Nina Whitehurst
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answered on Jan 1, 2024
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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
Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?
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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James L. Arrasmith
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answered on Nov 20, 2023
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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
1 Answer
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Civil Litigation, Landlord - Tenant, Small Claims and Real Estate Law
for
Kentucky
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Q: Can I sue my former roommate in Kentucky for misleading me on rent and causing eviction?
I had a former roommate who misled me about the rent cost and pocketed the excess money I gave her. She also refused to pay rent when we were both obligated to do so on the lease. As a result, I paid everything out of pocket, which led to our eviction around late July to mid-August. I covered the... View More
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James L. Arrasmith
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answered on Oct 29, 2025
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answered on Oct 29, 2025
Yes, you can take legal action against your former roommate in Kentucky for the financial losses you suffered due to her actions. What you describe falls under **civil claims for fraud, misrepresentation, or breach of agreement**, especially if she intentionally misled you about the rent and failed... View More
Q: Can I sue my co-owner for unpaid bills and remove him from a jointly owned house in KY?
I purchased a house with my boyfriend in Paducah, KY, where I paid the entire down payment and all associated financial costs. Although both our names are on the deed, he never paid any bills or mortgage payments since we bought the house in November. Initially, we verbally agreed to split all... View More
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Anthony M. Avery
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answered on Oct 28, 2025
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answered on Oct 28, 2025
You may need to file a Partition Action. You would ask your contributions be added to your share of the net sale proceeds. Hire a KY attorney that knows real property litigation.
Q: Does my dad's home go to his step-son or revert to my dad?
My parents owned a home in Kentucky. After their divorce, my mother let my dad keep the home. My dad remarried, and his new wife added her name to the deed as co-owner due to "love and affection." Later, she transferred full ownership to herself under the same condition. In her will, she... View More
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Anthony M. Avery
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answered on Oct 28, 2025
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answered on Oct 28, 2025
If the estate is as you say, then her son owns it. But I do not think you understand the chain of title. Hire a KY attorney to search that title and determine ownership.
Q: What actions can I take if my landlord harasses me with animals and rent hikes?
I'm facing issues with my landlord who has been repeatedly increasing the rent. As tenants over 65, this is concerning. Additionally, he uses manipulative tactics, including leaving dead and live chickens in our yard, to provoke us into moving. I've heard he uses aliases from the 1980s... View More
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James L. Arrasmith
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answered on Oct 27, 2025
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answered on Oct 27, 2025
That sounds like an extremely distressing situation, and you have every right to feel unsafe and frustrated. In Kentucky, a landlord is prohibited from harassing, threatening, or using intimidation to force tenants out. Leaving live or dead animals on your property can be considered harassment,... View More
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