but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More 
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
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answered on Apr 19, 2024
Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.
Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More
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answered on Apr 18, 2024
You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More
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answered on Apr 17, 2024
Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More
the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?
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answered on Apr 17, 2024
Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
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answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More
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answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
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answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
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
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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
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answered on Apr 15, 2024
Defendant can claim the Statute of Frauds unless there is a writing, even a cashed check. General Sessions suit will cost about a third of your prospective judgment. If you get a judgment by default including costs, you will still have to work to collect it.
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answered on Apr 12, 2024
If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.
Proceeds be divided.
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answered on Apr 10, 2024
Unless Mother had a surviving spouse, her next of kin are her surviving children equally unless there is deceased child with issue who then take the deceased parent's share. If there is a surviving spouse, then some States give him either a third or half before the remainder to the... View More
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answered on Apr 9, 2024
No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You... View More
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
Car did not belong to driver either
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answered on Apr 5, 2024
It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.
The investigator has been denied access to the car multiple times by the local sheriff's department.
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answered on Apr 2, 2024
If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
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answered on Apr 1, 2024
BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.
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answered on Mar 29, 2024
Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More
My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More
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answered on Mar 28, 2024
Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.
back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More
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answered on Mar 28, 2024
Hire an attorney to file those tax returns. Did he not mail the returns after you signed them? There will be failure to file, failure to pay and late filing interest penalties. Hopefully the relative did not receive levy notices already. Check your title for tax liens.
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