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Questions Answered by Vincent Gallo
3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Kentucky on
Q: My mother sold an acre of her life estate that my sister will get. The check was in my sister's name. But my mom got it.

The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: My ex husband is financing me a house I won't be on the deed but I pay mortgage how can I protect myself

I'm not able to get approved for a house loan so my ex husband family will put it in their name. I'm responsible for all repairs and mortgage and down payment. But they don't want me on the deed how can I protect my self in case they try to kick me out. He said once the house is paid... Read more »

Vincent Gallo
Vincent Gallo
answered on May 4, 2023

You are entirely unprotected with that arrangement.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: I have JTWROS with my ex on our house. She left and got her own place. How do I sever the JTWROS?

She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.

Vincent Gallo
Vincent Gallo
answered on Apr 24, 2023

Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.

2 Answers | Asked in Real Estate Law for Florida on
Q: Signed contract for new house yesterday with $10,000 Ernest money. I’m 80 years old. Need to cancel.

How can I cancel and get my money back back.

Vincent Gallo
Vincent Gallo
answered on Apr 9, 2023

One needs to thoroughly examine the contract to see if it contains and contingencies that you cannot satisfy.

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2 Answers | Asked in Real Estate Law for Alabama on
Q: if your home is listed with a real estate can you also try to sell " For sale by owner."
Vincent Gallo
Vincent Gallo
answered on Apr 7, 2023

That will what your executed listing agreement that you have with your broker provides for and allows.

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3 Answers | Asked in Real Estate Law for Texas on
Q: In my divorce decree I was given the house and all of its debt. House is now paid off, how do I get Ex off the Deed?

Do I need his signature on anything?

Vincent Gallo
Vincent Gallo
answered on Apr 3, 2023

Responding from a New York perspective, once the Divorce Decree was finalized, a Deed should have been prepared, executed by both of you, acknowledged and recorded, conveying title to the real estate to you alone.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate property be sold to a family member without a valid sales contract in Missouri?
Vincent Gallo
Vincent Gallo
answered on Mar 20, 2023

One should be able to go straight to closing, however, all of the same pre-closing due diligence should be first conducted despite there being no contract: title search, survey, inspections, appraisal, etc.

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Vincent Gallo
Vincent Gallo
answered on Mar 13, 2023

You will only know after you offer the original Will for probate.

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3 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Contract for home sale signed, buyer backed out never showed up for closing. Is there no Legal recourse for backing out
Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

One would need to thoroughly examine the terms of the contract of sale in order to establish your rights as well as your obligations as it relates to the transaction.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If investor in house purchase signs a contract then doesn't show up to closing after sellers already moved out

Contract signed Feb 10 closing was supposed to be March 10. Investor never showed gave no valid reason and doesn't look like he going to follow through. We already moved out incurring great expenses hiring movers and renting a house.

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

You shouldn’t have moved without absolute certainty that there was first a firm closing date and that everyone would have been fully prepared to close on that date.

2 Answers | Asked in Real Estate Law for Texas on
Q: Can I be legally forced to sell my home after an ending relationship? Both names on loan, and not legally married. TY!

I just want to know if I can be forced to sell my home, just because other party wants to leave and wants money? Also, we are not legally married, and we do not meet the elements of a common law marriage.

Any advise would help. Thank you!

Vincent Gallo
Vincent Gallo
answered on Feb 22, 2023

As you are both on the deed, either of you can force a sale of the real estate by means of a judicial proceeding.

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2 Answers | Asked in Real Estate Law for Virginia on
Q: I am selling my moms house to my cousin. There is no mortgage and price agreed. Do I need a real estate lawyer?

Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... Read more »

Vincent Gallo
Vincent Gallo
answered on Oct 25, 2020

Ask yourself, are you confident that you know how to fully complete the deal yourself wrh no mistakes?

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2 Answers | Asked in Real Estate Law for Florida on
Q: what happens when a piece of real estate was left to 6 adult siblings and only four have signed a document to sell it.

The house is rented and four want to sell it. Can the sale happen with a majority or does everyone have to be on board?

Vincent Gallo
Vincent Gallo
answered on Oct 18, 2020

You need all six (6) owners to properly and completely sell the real estate, absent a court order, exacted through a partition action.

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: A property listing in my area is for sale. I spoke with the Owner and he says he doesnt have a deed. Can he sell it?

It will be a cash sale just seems risky without a title company or even a deed

Vincent Gallo
Vincent Gallo
answered on Oct 17, 2020

A deed is the document that shows ownership of real estate.

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Q: Daughter has POA for mom, brother has letter of administration for same property. How do we sell home in NYC?

If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.

Vincent Gallo
Vincent Gallo
answered on Oct 17, 2020

A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Ohio on
Q: can my husband sell our house for what we owe spitefully, rather than getting a realtor and best price?

We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a... Read more »

Vincent Gallo
Vincent Gallo
answered on Oct 2, 2020

He can not sell the house by himself if your name is on the deed as a co-owner.

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1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

2 Answers | Asked in Real Estate Law for California on
Q: Adding A Name To Home Title

Adding A Name To Home Title

Hello everybody, this is my first post and I hope you are all doing well. My husband and I bought a home a few months ago in Monterey, CA. it was under a LLC. The day when the escrow papers were signed, including the title, I was traveling for business so I... Read more »

Vincent Gallo
Vincent Gallo
answered on Jul 29, 2020

You can legally do it yourself and save the cost of the Attorney fee if you are confident that you know how to do it yourself.

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1 Answer | Asked in Real Estate Law on
Q: Hi, I bought a house in 2015, this house is built in 2003. My neighbour Claiming 2ft space on my driveway . Can he ?

Hi, I bought a house in 2015, this house is built in 2003. My neighbour Claiming 2ft space on my driveway . We never changed the boundary , but now after 5 years he is claiming 2ft on my driveway. Can I go to the court ?

Vincent Gallo
Vincent Gallo
answered on Jul 26, 2020

Square it up with your survey, and independently, file a claim under your title insurance policy if you believe you have grounds.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Do I have to escrow taxes and insurance when buying a home and using a mortgage company? can i just pay my own?

Home is $185,000, appraised at $200,000. I am putting 5% down on a conventional loan.

Vincent Gallo
Vincent Gallo
answered on Jul 23, 2020

That would typically be up to the lender to decide.

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