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Illustration for Sen. Thomas to present heirs' property protection plan

Sen. Thomas to present heirs' property protection plan

· Source: Kentucky Senate Democratic Caucus press release

FRANKFORT, Ky. — Sen. Reginald "Reggie" Thomas, D-Lexington, said he will present legislation aimed at protecting families who jointly own inherited land from forced sales at below-market prices, according to a Kentucky Senate Democratic Caucus announcement.

Thomas announced the presentation of Bill Request 360, identified as the Uniform Partition of Heirs Property Act, before the Interim Joint Committee on Judiciary on October 1. The proposal addresses a longstanding problem where partition sales have historically been devastating to property owners, resulting in forced sales at a fraction of fair market value.

"Heirs' property" refers to family-owned real estate passed from one generation to the next without a clear title or written ownership agreement. When relatives share ownership of such property, a single co-owner can file for partition and force a court-ordered sale, potentially exposing the entire property to liquidation and family loss.

The proposal includes several protections: notice to all owners, an independent appraisal, an opportunity for relatives to purchase an owner's interest before sale, a preference for physically dividing property when feasible, and a commercially reasonable sale at fair market value when division is not possible.

Thomas has championed heirs' property protections since 2021, introducing related legislation in every regular session. The measure was introduced as Senate Bill 70 last year but did not pass, and has been refiled as Senate Bill 23 in the current legislative session.

The Uniform Law Commission drafted the heirs' property model in 2010. As of 2024, the act has been enacted in 23 states and territories.

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This article was generated by AI (claude-haiku-4-5-20251001) from a press release emailed to [email protected] by Kentucky Senate Democratic Caucus, enriched with 2 web searches. How we make these.
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