answered on May 25, 2022
Absolutely... unless your lease says otherwise. And the new owner takes title subject to the rights of the tenant.
We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... Read more »
answered on May 25, 2022
She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.
answered on May 24, 2022
I assume you are the defendant on a Writ of Possession. Soon the Sheriff will physically remove you from the premises. If you return, it will be Criminal Trespass.
Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?
answered on May 23, 2022
Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.
I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.
answered on May 23, 2022
If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »
title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... Read more »
answered on May 23, 2022
Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.
answered on May 23, 2022
It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.
Property sold at the ax lien sale, can anything be done about this?
answered on May 20, 2022
There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.
Family property left to children
answered on May 19, 2022
The Testator can ask the Clerk & Master of the Chancery Court to hold onto the original Will until it is needed by the Executor for Probate. However it is not required and is rarely utilized. Usually you have to search for the Will amongst the Decedent's belongings. A copy of a... Read more »
And what happens to the report ? How long does it stay on file?
answered on May 19, 2022
If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.
answered on May 19, 2022
Dominant Estate is the property getting the benefit of passage, access, etc. Servient Estate is the property with the road/path over it. You may need to hire a LA attorney for Easement problems.
the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.
answered on May 19, 2022
You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.
The trees are on the property line so they are on both properties.
answered on May 19, 2022
You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.
My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »
answered on May 19, 2022
Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.
answered on May 19, 2022
Walmart's agents frequent witnesses in Sessions Court. Usually permanent trespass prohibitions are also ordered. You have been misinformed.
answered on May 18, 2022
You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »
answered on May 17, 2022
If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.
The mortgagor had leased its limited rights of lease to obtain loan. The possession later on passed to the mortgagee due to default of mortgagor. The owner had sold the property during the term of the mortgage. Now, on redeeming mortgage, will the possession go to the mortgagor (who has no... Read more »
answered on May 17, 2022
It sounds like the mortgage has already been foreclosed upon which merges the title into the purchaser at the sale. Sorry but I do not know what "redeeming a mortgage" is. The mortgagor may have had some type of redemption right, but they are usually waived in the mortgage.... Read more »
if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!
answered on May 17, 2022
You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
