Fire destroyed house in November insurance sent a check to mom who was advised by estate attorney to give it to him to hold onto until a replacement home is found Mom died in March insurance proceeds were placed in estate trust and son was told he only is entitled to the vacant lot why isn’t... Read more »
I am not sure of your exact factual situation, but who was the insured under the policy? If the mother, then those proceeds are probably assets of her Estate. Just because the corpus was substantially destroyed does not mean the son gets insurance proceeds if he was not the named insured. And he...Read more »
My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »
She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.
We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... Read more »
Unless the Will is filed for Probate, it has no effect. If you are the only heir, then a recorded Affidavit of Heirship would give you a source of title. But if not, then either Probate the Will or share ownership with the other Heirs. If the Note is not paid, Foreclosure will occur against the...Read more »
You should hire an attorney in the State in which the Will is filed for Probate. There may be more than one State the Probate Administration could occur, but proper venue is usually in the County and State where the Decedent resided.
From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.
The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.
I assume you mean either a contract or a deed has been sent to the buyers. If so, then there is no contract if you did not sign the contract, which can include emails of acceptance. Land is usually conveyed by deed so if you did not sign a deed, then no conveyance has occurred. Usually the...Read more »
I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.
It is probably not the normal Note term. However if the lender puts a demand acceleration provision in the Note, then the borrower either agrees by signing the Note or refuses the same. It would be enforceable.
House as well as her mothers her son went to the court with the death certificate and had the house put in his name only and had my friend evicted what can she do does she have any right to that home with the will she has
Your friend needs a competent attorney now. The litigation will be difficult and expensive, and time is of the essence. The Will will need to be Probated, and after a title search, the Executor may need to file an Ejectment Action to get the home back to the Devisee. Few attorneys can handle...Read more »
The Decedent's heirs at law own the property. Any heir as a tenant in common has standing to file an eviction action to recover possession of the property. An Affidavit of Heirship being recorded would help establish standing in Court.
I recommend hiring an attorney to make a claim under a specific risk term, such as being free of encumbrances. The insurance company will probably complain that you have not cooperated promptly now, and may deny the claim.
The Judgment is for possession. The Plaintiff will get a Writ of Possession executed by the Sheriff if the Defendant remains in possession. A good appeal will involve the posting of a Bond against the owner's further loss.
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