have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... Read more »
Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2...Read more »
If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?
The Will only controls assets the deceased person died owning.
With a beneficiary or payable on death designation, the title is transferred automatically to the beneficiary when the original owner dies (though practically the beneficiary may need to show the death certificate to confirm...Read more »
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the...Read more »
It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.
A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.
A deed does not change who has responsibility on a mortgage, but...Read more »
He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan
Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are...Read more »
We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?
The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced...Read more »
This question (or some variation of it) gets asked a lot.
The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the...Read more »
In Maryland a Will is a matter of public record after the person who made it dies. The personal representative has an obligation to open the estate and identify both the people named in the Will to inherit as well as people who would inherit if there was no Will. Depending on who was in the...Read more »
We have been paying taxes for years and just found out the property is no longer ours. We've been paying taxes every year for over 60 years since the death of our father. How can I get my money back from the state of Maryland.. They sent me statements and accepted my money for property taxes... Read more »
This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for...Read more »
An appraisal is required for most tangible personal property that the decedent dies owning. Under Maryland law a Personal Representative can only value certain kinds of personal property (e.g., automobiles with a blue book value). Unfortunately furniture is not in the list of items a Personal...Read more »
He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... Read more »
I am sorry to hear of the recent loss of your father.
The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life...Read more »
Hey I have question, about year ago we made an offer on a house it was listed 80k and we made offer of 90k and Realestate agent told us someone offered 95k and their offer was accepted it was sealed offers, and we could not buy it, I just came across with that house again it says sold for 80 on... Read more »
The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,...Read more »
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