I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More
answered on Mar 15, 2024
You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More
If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More
answered on Mar 15, 2024
No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More
My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More
answered on Mar 14, 2024
The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More
She was charged with violating said order by calling me from jail. What is the punishment for this.
answered on Mar 12, 2024
Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
answered on Mar 11, 2024
Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More
My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.
answered on Mar 8, 2024
If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.
My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More
answered on Mar 8, 2024
Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More
I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More
answered on Mar 7, 2024
You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More
I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More
answered on Mar 6, 2024
The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More
My friend we to the neighbor's house to retrieve some clothes that belong to her cousin they started arguing any yelling so I went down there when I walked in she coming to me and swung a bat and I threw my arm up and blocked it and then I defended myself but then I went home and then called... View More
answered on Mar 6, 2024
That will probably be a Class C Felony charge for Aggravated Assault. You need to hire an attorney to represent you and possibly lower the Bond if possible. In any event, be ready to make Bond prior to your arrest. Then you need to get ready for a Preliminary Hearing. Do not talk about... View More
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave
answered on Mar 5, 2024
If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More
DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE
SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.
answered on Mar 5, 2024
The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The
Estates created in the granting clause is a little... View More
I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More
answered on Mar 4, 2024
If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More
A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for Previous dui and has been released but has a hold from a different county for vop 40-35-311 charge. 900 dollars of 1250 have been paid in fines to that county what is possible... View More
answered on Mar 4, 2024
The County Sentence with the VOP is what you need to be concerned with. He might have to serve time there for the remaining Sentence or he might get more time to pay in full. He can ask to have jail time counted, but it is not mandatory for the other charging County to give jail credit.
My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More
answered on Mar 4, 2024
Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More
What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?
answered on Mar 1, 2024
You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More
For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More
answered on Feb 29, 2024
You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More
the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell
answered on Feb 28, 2024
Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges... View More
answered on Feb 27, 2024
You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More
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