When drafting a Petition for Final Distribution, it's essential to accurately represent the remaining assets of the estate and their disposition according to the terms of the will and the Inventory and Appraisement (I&A) filed with the court. Here's how you might handle listing the... View More

Friend B's options and potential defenses in this scenario would depend on various factors. Here are some potential options and defenses Friend B might consider:

Review the Original Agreement: Friend B should carefully review any agreements or contracts signed at the time of purchasing... View More

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More

Assuming it was a foreclosure auction, there is no warranty of title or occupancy at the time of sale. The new owner has the right to possession subject to the protecting tenants at foreclosure act which requires the new purchaser to honor the existing lease. The eviction process is a possible... View More

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More

There is no legal requirement that the personal representative have appraisals done on the property at the time of filing the inventory unless ordered by the judge. However, if there is any doubt as to the value asserted in the inventory, you will want to file an object to the inventory asserting... View More

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More

No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More

If you did not cancel the contract within the due diligence period, you forfeit your earnest money. If the $3,000 you reference was your earnest money, you will not be able to get that back. If there were pending inspections at the time of due diligence expiration, your agent should have requested... View More

As far as the eviction goes, if your 7-day right to appeal has expired, there is not much you can do about that. Regarding the property itself, you may have some claim to the sales proceeds. It will depend on whether your mother had a will and whether she named you as a beneficiary. If your mother... View More

It sounds like she has filed for a partition of the property. As a co-owner, she is entitled to half of the property. However, her interest in the property is subject to equitable offset for expenses you incurred individually during the joint ownership of the property. You should be able to offset... View More

Your brother would be able to sign the property over to you with a deed. However, it likely violates the due on sale clause in the mortgage that prevents the transfer, by gift or sale, of the property without first paying off the mortgage. The lender could then foreclose on the loan even if it was... View More

There are several questions that you have posed. The answer to each one is outlined below.

Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to... View More

If your father died with no will and no wife, all of his estate should pass in equal shares to his children. While your sisters may not be able to take it from you, they can force the sale of the property, in which case none of the siblings will own it. Schedule a free consultation to make sure... View More