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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Native American Law for Kansas on
Q: Trying get building permit through county that I pay taxes to but being told that I've to go through tribe since on res.

Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.

James L. Arrasmith
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answered on Mar 14, 2024

I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:

Tribal Sovereignty: Native American tribes are considered...
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1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: Can I switch name of ownership on a house that has taxes that are still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is... View More

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: Can I switch name of ownership on a house that has taxes still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been keeping up with and we would like to sell it but we first have to switch it over to our name can we do that while taxes are still unpaid?

James L. Arrasmith
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answered on Mar 13, 2024

Transferring ownership of a property with unpaid taxes can be complicated and may vary depending on the specific laws and regulations of Puerto Rico. However, in general, under federal law, it is possible to transfer ownership of a property even if there are outstanding property taxes owed. That... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can the Board revoke rental privilege if the owner is constantly late on Condo monthly dues ? Calif.

Landlord/ unit owners get $thousand of dollars in rent, yet can not pay $400.00 in monthly dues on time. chronic late payers.

James L. Arrasmith
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answered on Mar 13, 2024

In California, a homeowners' association (HOA) or condo board has the authority to enforce its governing documents, including bylaws and CC&Rs (Covenants, Conditions, and Restrictions). However, the ability to revoke rental privileges due to late payment of dues depends on the specific... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

1 Answer | Asked in Real Estate Law, Tax Law, Agricultural Law and Estate Planning for Minnesota on
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below

the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you

James L. Arrasmith
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answered on Mar 11, 2024

As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Georgia on
Q: What kind of attorney handles civil rights violations and discrimination by an HOA board?
James L. Arrasmith
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answered on Mar 11, 2024

An attorney who specializes in civil rights law and housing discrimination would be best suited to handle cases involving civil rights violations and discrimination by a homeowners' association (HOA) board. More specifically, you should look for attorneys with experience in the following... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

James L. Arrasmith
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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: Family home in life estate deed. If all agree to sell home before tenant dies, what tax implic tenant & remaindermen

Is tenant eligible for medicaid if home in 15 yr old life estate is sold Georgia

James L. Arrasmith
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answered on Mar 8, 2024

Selling a home held in a life estate deed before the life tenant passes away can indeed have tax implications for both the life tenant and the remaindermen. If all parties agree to sell the property, the proceeds from the sale are typically divided between the life tenant and the remaindermen based... View More

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Iowa on
Q: So my city council has an ordinance stating everyone has to have garbage service. My question is in several parts.

Is it legal for them to put my bill on my property taxes but continue to bill me for it without starting over? And if it is then is it legal for them to keep adding it to my taxes. Like lets say the first bill is 3 months late and its 300 dollars.they add that to my property taxes. Then three... View More

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answered on Mar 8, 2024

Municipalities often have the authority to enforce ordinances requiring residents to maintain garbage service, and they can implement various measures to ensure compliance, including billing methods. The practice of adding unpaid garbage service bills to property taxes is a common approach used by... View More

1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

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