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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

1 Answer | Asked in Probate for Minnesota on
Q: Is it complicated to add a contingent name to an existing traanfer on death deed?

All persons named on the existing todd will be together on an extended flight. Iwant to add a contingent person who will never be with us on such a trip.

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answered on Nov 4, 2024

Only the owners with title can convey. If that owner wants to draft a new deed which includes another grantee as a remainderman, he can if its contingent. If remaindermen already have a vested interest, then all presently titled parties would have to convey such an interest. Hire a competent MN... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Does this give me an out if I don’t like the layout of the land?

“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.

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answered on Oct 30, 2024

That sounds like you have alot of discretion on accepting the surveyed corners or not. However if you notify the seller of non-execution, then he can still sue you for specific performance. In Court you would test your lack of satisfaction. But such a suit is usually unlikely.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

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answered on Oct 23, 2024

Do not just give away valuable property. Hire a TN attorney to represent you, negotiate an agreeable purchase amount, and have your attorney draft the FL Quit Claim Deed. He can take receipt of the funds, then have you execute the Deed. Only then he can send it to BF, and give you the money... View More

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1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

1 Answer | Asked in Estate Planning on
Q: Mother dieS. Estate goes to husband. If spouse has died estate goes to 2 adult children in equal share. EXECUTOR Daughte

Father Dies. Estate goes to Mother. If spouse has died estate goes to 2 adult children. Executors Son and Dauther. Parents both received post settlements 10 yrs later. one 10,000 and the other 200,000. Who's will for executor and beneficiary amounts takes precedence. Mother died first and... View More

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answered on Oct 22, 2024

Most State's intestacy laws do not vest all property in surviving spouse. Property owned by Tenants By The Entirety or Joint Tenancy With Right of Survivorship would go to surviving spouse. Hire an attorney to advise on the relevant laws and who should have got what. There is no executor... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

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answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Probate for Texas on
Q: Have property in Oklahoma. The owner is now deceased and property goes to the deceased descendants. They have agreed

to put the property in a family trust. What needs to be done to accomplish this ?

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answered on Oct 17, 2024

Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More

2 Answers | Asked in Estate Planning, Real Estate Law and International Law for Missouri on
Q: I am moving abroad Indefinitely. What should I do to protect my land holdings?

I am moving in a few weeks.

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answered on Oct 17, 2024

I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More

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1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbor stopped sale of our home claiming it is on her property. We have a surveyor coming to survey property

Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?

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answered on Oct 2, 2024

Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?

I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.

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answered on Sep 25, 2024

Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: My grandfather and my neighbors grandfather built a fence between the two of them in the late 30's or early 40's.

A recent survey by a third party shows my fathers house (which my grandfather built) now sits on my neighbors property, approximately 50 feet south of the fence!! My father is deceased and I now own the house and property. This also makes my neighbors property lines not where once thought !!... View More

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answered on Sep 24, 2024

Adjoining landowners have probably acquiesced to the ascertainable (fence) boundary. You must hire a ND attorney, find witnesses to the fence being up for many years, and you might get a survey to both have an expert witness as well as figure out something to give the other owner. A Boundary... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: Can joint tenant w right of survivorship sell their share to 3rd party?

I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?

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answered on Sep 20, 2024

You can convey your interest, but it is not one-half. Assuming you have correctly stated your estate, you own an expectation of being the surviving tenant and taking the whole, subject to the secured debt. Otherwise your interest is extinguished. Hire a GA attorney to draft your deed if you... View More

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1 Answer | Asked in Real Estate Law for Alabama on
Q: I’ve paid taxes on land co-owned by siblings for ten years. What are my options?

No one else would help. I’ve paid the taxes for 8 to 10 years.

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answered on Sep 13, 2024

You can ask for reimbursement. If no money you can file suit for a Sale For Partition. There you can ask the judge to reimburse your share, but it is not for sure. The other option is to hire an AL attorney to search the title and draft a deed for all the other tenants in common to deed their... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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