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Kentucky Real Estate Law Questions & Answers
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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Anthony M. Avery
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... Read 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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Anthony M. Avery
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... Read more »

Anthony M. Avery
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Anthony M. Avery
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... Read 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... Read 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.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can a seller back out of a sales contract for the sale of a home?

We signed the contract a week ago. I am the seller and want to back out. The home is set to close in a couple of weeks.

Timothy Denison
Timothy Denison
answered on Aug 23, 2022

Yes, but you may be liable for returning the deposit if any. Your sales contract should spell out the penalties for canceling the sale.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a boat title that has been signed by the previous owner and notarized. When I took the title to the clerks

Office to have it transferred they told me that the previous owner filed for a lost/duplicate title and that the title I have is not good. Is that perjury on the previous owner because he filed for a lost title after selling the boat?

Timothy Denison
Timothy Denison
answered on Aug 19, 2022

Perjury is false sworn testimony. This is fraud and you have been defrauded by the seller.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Kentucky on
Q: If there are three beneficiaries that inherited a farm to split equally, can it be sold with out all three agreeing?

My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Aug 2, 2022

They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.

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1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: If someone passes away does their co-signer inherit the mortgage of their home or does their estate have to pay first?

Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... Read more »

2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

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1 Answer | Asked in Native American Law and Real Estate Law for Kentucky on
Q: I have rights to mineral land and Indian rights as well and I have no idea what to do

My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 15, 2022

You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I live in Kentucky and am in the process of buying a home via land contract.

We are using the owners attorney to draft The contract. Is it normal for there to be buyers protection for fire, foundation falls in or any other uninhabitable disaster? I haven’t met to review but I would like to know if something catastrophic happened I wouldn’t be paying for a home I can’t... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 13, 2022

A land contract is only a lease with option to buy. So you will not own anything until you get a Deed. The lessee is never protected in such a contract.

1 Answer | Asked in Consumer Law, Copyright, Real Estate Law and Municipal Law for Kentucky on
Q: I am a fan of “freedom net’s” Victor Misek W1WCR and we will definitely miss his reverence,convictions,legislative role

That means we will miss him..3950mhz

Timothy Denison
Timothy Denison
answered on Jun 7, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Kentucky on
Q: A transfer deed was made for an acre of land with a with a first right of refusal clause.

The grantee then transferred the deed to someone else without honoring the FROR. Does this make the new deed void.

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2022

No but there is a serious cloud on the Title. It might be cured by a Quit Claim Deed from the optionee to the present grantee. Your grantor may have breached a covenant of title.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I have purchase a house last year was unaware of any deed restrictions or covenants nor was told by the seller oragent

I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.

I dont know what can i do at this point.

Can the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 29, 2022

Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might... Read more »

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We bought land in Ky and was not informed about a cell tower or easement leading to it. What can I do?

Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 5, 2022

You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: 3 of 4 joint owners are deceased. Does the survivor have sole ownership or do heirs of the other 3 jointly own with him?

Property in Kentucky is in the name of the original owner, who died in 1993 without a will. None of her children lived in Kentucky. Taxes have since been paid by three of her four children, the last of whom died in 2021. Her one surviving child has never paid any of the taxes. By Kentucky law, who... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 23, 2022

You need to hire an attorney to determine Heirship and execute an Affidavit of Heirship. More than likely the surviving child is a Tenant In Common with the Heirs of the other deceased siblings.

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