Mr Soble is right, and ideally the divorce judgment REQUIRES her to refinance.

Understand the MORTGAGE company is under no obligation to do anything, and is within its rights to 'ding' your credit if payments are not made as agreed.

The problem here is that if your ex is... View More

There are no specific laws that discuss this so far as I'm aware, but take a look at your listing contract. Does it say anything about the retention/sharing of information? I bet you may have a contractual issue there IF (and this is the tricky part!) you can PROVE (not just suspect or... View More

I'm sorry to hear of your loss.

Being nominated in a will is not enough. You need to be appointed as Personal Representative by the Court and the 'forms' to do that depend on how much is in the estate and what needs to be done.

Trying to DIY this is asking for... View More

This depends on what you mean by 'on the mortgage' and 'refinance'.

ANYone can pay off a loan and take out a new one to 'refinance' the old loan. You don't need anyone else's permission to pay their debt, and can simply do it.

HOWEVER, to... View More

To add on Mr Geer's answer, "wills" don't actually inherit. They direct who inherits and are important documents, particularly if you don't want your estate to be distributed according to the defaults set under the law of your state of residence.

Getting legal... View More

If the case number is 'different' then you are looking at two different cases with similar names.

Are you SURE this is the same case? It seems rather unlikely in the abstract.

"John Smith" uncle of "Bill Smith" acting as a guardian is not uncommon.... View More

‘Convey’ and ‘sell’ are synonymous.

You ARE selling if the estate is conveying the property but the implications go WAY beyond that.

Trying to do this without legal representation is asking for problems down the road. Gave you considered tax issues? What about capital... View More

Have you submitted a written 'punch list' of items to be fixed/finished?

Or have you made the final payment accepting the property as is?

If the later, you may have a hard time.

It is hard to say what you should do next without also knowing what you have done so... View More

A cistern and a well are two VERY different things but a simple non-technical inspection can reveal the difference. I’m afraid you’re not going to like this answer, but as the old adage says, an ounce of prevention is worth a pound of cure.

Did you look at the house before buying it?... View More

You’ve asked this question before/elsewhere. You do NOT make the check payable to the father. But the father may need to create a trust or set up a conservatorship.

This is not a DIY situation. Please seek representation from a local probate attorney ASAP. There are many traps for the... View More

You probably don't write the check to the father!

You need to have an attorney review the estate to make sure you're proceeding properly.

You may need to create a trust, or the father may need to open a conservatorship or a restricted bank account depending on how things... View More

We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.

You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and... View More

Mr Geers' answer is correct, but let me 'tease' at one point in your question he didn't touch. "Can't afford an attorney". I would turn that around. She can't afford NOT to have an attorney.

ONLY by having experienced qualified licensed help can your... View More

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... View More

A quit claim and the appropriate transfer and tax affidavits will usually suffice but this is NOT a ‘DIY’ appropriate task. There is much at play and there will also be tax implications and the possibility of a gift tax return being required.

That snd depending on your situation... View More

The tax status of 'pensions' is defined by law, and with the exception of surviving spouses, you cannot defer the taxes for long. If a NATURAL PERSON is named as a beneficiary, there is a possibility of extending the tax 'window' but minimum distributions are required each year,... View More

Drafting a deed for the purposes of estate planning is far more complicated than 'filling out a deed'. If you want to insure your heirs are involved in long and expensive litigation over the title of the property, and don't care if you cut yourself out of your house, then by all... View More

If I understand the question correctly, you never had any interest in the previous home you want to place a lien against. If that is true, then without a judgment against them you cannot lien the home.

You CAN get a money judgment against them and then place a 'creditor's... View More

If the place is immediately 're-rented' likely no, you won't owe additional.

You may be liable for 'damages' but if there were no damages ....

HOWEVER, before relying on this it would be wise to have a local lawyer review your lease and all the facts to... View More

The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to... View More