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Questions Answered by Vincent Gallo
3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Kentucky on
Q: My mother sold an acre of her life estate that my sister will get. The check was in my sister's name. But my mom got it.

The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Someone (not a lawyer) asks for a copy of my property Grand Deed. Can she do the fraud to transfer my property to her?

I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?

Vincent Gallo
Vincent Gallo
answered on Feb 2, 2024

A recorded deed is typically a public record, so nothing would change if you provide them with a copy of the deed, or if they obtain it themselves from the public records.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can you reverse a quitclaim deed

If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?

Vincent Gallo
Vincent Gallo
answered on Oct 28, 2023

With your having voluntarily adding someone else to your deed, only that person is able to convey back their interest to you in the real estate.

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2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Vincent Gallo
Vincent Gallo
answered on Sep 24, 2023

The precise language contained on the deed at the grantee clause will provide the precise answer to that question.

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2 Answers | Asked in Real Estate Law and Elder Law for Rhode Island on
Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.

He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?

Vincent Gallo
Vincent Gallo
answered on Sep 14, 2023

Provided that what you stated is entirely accurate, he may sell the real estate to whomever he wishes and for whatever price he wishes to sell it for.

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Vincent Gallo
Vincent Gallo
answered on Jul 17, 2023

This sounds like them out of that is best suited for the district attorney.

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1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to... View More

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2023

From what is stated, it appears that you have the authority to sell real estate.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Washington on
Q: Is someone dies without a will and only has 1 son who cant be found what paperwork would i need to sell house b4 forclos

Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More

Vincent Gallo
Vincent Gallo
answered on Jul 1, 2023

Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.

2 Answers | Asked in Real Estate Law for Texas on
Q: How would I remove my deceased spouse's name from home title?
Vincent Gallo
Vincent Gallo
answered on Jun 23, 2023

Responding from a New York perspective, if you and your wife held title as tenants by the entirety, upon her death, you would be the sole owner of the real estate, and there would be no need at all to remove her name from the deed.

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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My ex husband is financing me a house I won't be on the deed but I pay mortgage how can I protect myself

I'm not able to get approved for a house loan so my ex husband family will put it in their name. I'm responsible for all repairs and mortgage and down payment. But they don't want me on the deed how can I protect my self in case they try to kick me out. He said once the house is paid... View More

Vincent Gallo
Vincent Gallo
answered on May 4, 2023

You are entirely unprotected with that arrangement.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: I have JTWROS with my ex on our house. She left and got her own place. How do I sever the JTWROS?

She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.

Vincent Gallo
Vincent Gallo
answered on Apr 24, 2023

Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.

2 Answers | Asked in Real Estate Law for Florida on
Q: Signed contract for new house yesterday with $10,000 Ernest money. I’m 80 years old. Need to cancel.

How can I cancel and get my money back back.

Vincent Gallo
Vincent Gallo
answered on Apr 9, 2023

One needs to thoroughly examine the contract to see if it contains and contingencies that you cannot satisfy.

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2 Answers | Asked in Real Estate Law for Alabama on
Q: if your home is listed with a real estate can you also try to sell " For sale by owner."
Vincent Gallo
Vincent Gallo
answered on Apr 7, 2023

That will what your executed listing agreement that you have with your broker provides for and allows.

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3 Answers | Asked in Real Estate Law for Texas on
Q: In my divorce decree I was given the house and all of its debt. House is now paid off, how do I get Ex off the Deed?

Do I need his signature on anything?

Vincent Gallo
Vincent Gallo
answered on Apr 3, 2023

Responding from a New York perspective, once the Divorce Decree was finalized, a Deed should have been prepared, executed by both of you, acknowledged and recorded, conveying title to the real estate to you alone.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate property be sold to a family member without a valid sales contract in Missouri?
Vincent Gallo
Vincent Gallo
answered on Mar 20, 2023

One should be able to go straight to closing, however, all of the same pre-closing due diligence should be first conducted despite there being no contract: title search, survey, inspections, appraisal, etc.

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Vincent Gallo
Vincent Gallo
answered on Mar 13, 2023

You will only know after you offer the original Will for probate.

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3 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Contract for home sale signed, buyer backed out never showed up for closing. Is there no Legal recourse for backing out
Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

One would need to thoroughly examine the terms of the contract of sale in order to establish your rights as well as your obligations as it relates to the transaction.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If investor in house purchase signs a contract then doesn't show up to closing after sellers already moved out

Contract signed Feb 10 closing was supposed to be March 10. Investor never showed gave no valid reason and doesn't look like he going to follow through. We already moved out incurring great expenses hiring movers and renting a house.

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

You shouldn’t have moved without absolute certainty that there was first a firm closing date and that everyone would have been fully prepared to close on that date.

2 Answers | Asked in Real Estate Law for Texas on
Q: Can I be legally forced to sell my home after an ending relationship? Both names on loan, and not legally married. TY!

I just want to know if I can be forced to sell my home, just because other party wants to leave and wants money? Also, we are not legally married, and we do not meet the elements of a common law marriage.

Any advise would help. Thank you!

Vincent Gallo
Vincent Gallo
answered on Feb 22, 2023

As you are both on the deed, either of you can force a sale of the real estate by means of a judicial proceeding.

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2 Answers | Asked in Real Estate Law for Virginia on
Q: I am selling my moms house to my cousin. There is no mortgage and price agreed. Do I need a real estate lawyer?

Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... View More

Vincent Gallo
Vincent Gallo
answered on Oct 25, 2020

Ask yourself, are you confident that you know how to fully complete the deal yourself wrh no mistakes?

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