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Real Estate Law Questions & Answers
1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: I own a piece of property overseas which was purchased by my mother and put in my name. Do I pay US taxes on the sale?

What tax if any am I obligated to pay to USA? I am a US citizen.

James L. Arrasmith
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answered on Apr 15, 2024

As a U.S. citizen, you are generally required to report and pay taxes on your worldwide income, including any capital gains from the sale of foreign property. However, the exact tax implications will depend on several factors:

1. Capital gains tax: If you sell the property for more than its...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Business Law and Real Estate Law for California on
Q: Can I sue the Hoa for failing to follow the davis sterling act and provide information requested ,certified, as a BOD?

I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.

According to the...
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1 Answer | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More

1 Answer | Asked in Personal Injury and Real Estate Law for California on
Q: Can I sue the HOA and manager for failing to properly respond and provide assistance on a safety concern?

On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: Can I put up an unlocked chain across a driveway shared by two homes.

The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

In California, the legality of placing a chain across a shared driveway depends on several factors, including any existing easements, the specific agreement between the property owners, and local ordinances.

1. Easements: If there is an easement agreement in place that grants both property...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

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

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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1 Answer | Asked in Real Estate Law for Kentucky on
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

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Help!! Homeless locked out of inherited house co-owned with estate exec.who never did title change, no partition fille

Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:

1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What do I need to file to get house in the names of the 5 heirs? Dad died 2000 mom died 2013. house in both names.

My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get... View More

James L. Arrasmith
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answered on Apr 11, 2024

To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:

1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first....
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1 Answer | Asked in Real Estate Law and Family Law for Texas on
Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More

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

Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course,...
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2 Answers | Asked in Real Estate Law for California on
Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, if you sold your home to your father-in-law and the transaction was completed through escrow, you may have some legal recourse depending on the specific circumstances of your case. Here are a few things to consider:

1. Contract: If you had a written contract outlining...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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