Recent Kentucky Statutory Amendments of Note

For lawyers practicing in the areas of real estate, contract, and civil litigation, there are a couple of statutory amendments recently enacted by the Kentucky legislature that are important to understand and remember. First, KRS 382.135 is a statute governing the requirements for the contents of a deed in Kentucky. KRS 382.135(1) was amended in … Read more

Basics of 1031 Like Kind Exchanges

You may be able to defer capital gains tax on the sale of property which has appreciated in value through the use of a Section 1031 like kind exchange. It is a vehicle which can be employed by a taxpayer who sells property which has been held for productive use in a trade or business … Read more

LLC- Limited Liability Chameleons

Organizing a Limited Liability Company (LLC) has become a popular form in which to conduct business, but you won’t find an LLC Tax Return form on the IRS’ website. The Internal Revenue Code (the Code) doesn’t recognize an LLC as a type of entity with its own tax treatment. Instead, LLCs are taxed as if … Read more

Justin Baxter and Kara Prichard Join Kinkead & Stilz

Kinkead & Stilz is pleased to announce that Justin T. Baxter and Kara B. Prichard have joined the firm as associates. Justin completed a clerkship with Judge Gregory Lay in Knox and Laurel Counties and Kara completed a clerkship with Judge Scorsone in Fayette County prior to joining Kinkead & Stilz. … Read more

Out-of-State Manufacturing Client

In June, 2017, Thomas M. Todd was the title and real estate counsel assisting an out-of-state manufacturer in a $2,000,000 acquisition for industrial and distribution uses. This transaction involved multiple parcels with legal descriptions, dating back more than 100 years. It required obtaining easements from adjoining landowners, as well as granting reciprocal easements by the … Read more

Melanie S. Marrs, David A. Trevey and Tonya S. Rager Join Kinkead & Stilz

Kinkead & Stilz is pleased to announce that Melanie S. Marrs, David A. Trevey and Tonya S. Rager joined the firm as partners. Melanie, David and Tonya are bringing a Professional Liability Defense department to Kinkead & Stilz, a practice area that while not entirely new to Kinkead & Stilz, certainly enhances the other legal … Read more

Secured Lender Client

In May, 2017, Thomas M. Todd, represented a secured lender whose mortgage was released due to fraudulent acts by the borrower, and through negligence of the subsequent purchaser’s lender. Todd filed an action to enforce its claim against the new owner (foreclosure), the owner’s lender (for gross negligence), and the former borrower (for fraud and … Read more

Melanie S. Marrs’ Unanimous Defense Verdict

Kinkead & Stilz is pleased to report that Melanie S. Marrs recently achieved a unanimous Defense Verdict for Baptist Health Corbin in a case tried for two weeks in Whitley Circuit Court. The allegations against Baptist were that they failed to appropriately potassium as required by a standing protocol and that her cardiac event was … Read more

Assisting University Outside Counsel

In December 2016, Thomas M. Todd was the title and real estate counsel assisting university outside counsel in a $9,000,000 hotel acquisition, to be remodeled into offices to serve the university hospital. This acquisition involves multiple parcels in an urban setting, and required research into an unreported Circuit Court decision adjudicating the subject property to … Read more

Subcontractor Client

In October, 2016, Thomas M. Todd, represented a subcontractor against the general contractor on a public project. Following a five day bench trial, Todd obtained a judgment on behalf of his client of over $420,000, consisting of the remaining base contract, unapproved change orders, and an award under the Kentucky Fairness in Construction Act of … Read more

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