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Questions Answered by Anthony M. Avery
1 Answer | Asked in Probate for Arkansas on
Q: probate

my father passed away in his will it states that my step mother can live in the family home until 1. she remarried 2. passed away or she could sell the home but would have to pay his 5 children what the home brought. She has lived in the home for 11 years till one week ago the home caught fire she... View More

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answered on Feb 3, 2025

Was the will filed for Probate? If not, it means nothing and heirs own. If Probated, then the Devisees would have to file suit for an injunction against sale and equitable enforcement of the Will Devise. Just a Lot is not worth alot so filing suit for Partition now might be the best route.... View More

1 Answer | Asked in Probate for Missouri on
Q: probate

my father passed away in his will that was never sent to probate he said my step mother could live in our family home that my father and mother purchased my father said my step mother could live in the home till she remarried or passed away or she could sell it but had to split the earnings between... View More

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answered on Feb 3, 2025

Very Sorry.... Without a probated will father passes away intestate. So his Heirs take which includes his spouse. Hire a MO attorney to search the title and determine specific ownership. Spouse could sue for partition, so the other heirs offering her a small price for her share might make... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Colorado on
Q: Hello. My husband and I have a 5 acre property zoned RR-5 on county land. We'd like to gift 1/2 the property to our son.

We would like to gift 2.5 acres (undeveloped) of our 5 acre lot (which has our home and a large shop on it) to our son and his wife. Right now we are zoned RR-5; we know we will have to go to the county (it is on county land) to try to rezone. We wonder how gifting 1/2 the property might impact our... View More

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answered on Feb 1, 2025

Most mortgages/deeds of trust have a due on sale clause, so you cannot deed it to anyone without the lender's consent. His tax basis is the same as yours if you deed it now while your living, but he gets a stepped up basis at your death as an heir. Hire a CO attorney to advise.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I just bought the lot next door. The neighbors power and City Water run across my new lot. Can I make them move them?

The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More

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answered on Jan 27, 2025

Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a judgment be changed w/o defendant notified for Probation violation that has not been to court?

My son was given a 30 day sentence, w/work release (he paid for) and probation on a Friday and to report to PO the following Monday. That Saturday he was arrested w/unrelated charges and the court date was set a month later. He went to that court date which was rescheduled for another month so... View More

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answered on Jan 24, 2025

His Sentence would probably have been 11 mo/ 29 days, with 30 days to serve on work release. But new charges violated the probation. Nothing unusual here, just that he is involved in many crimes and they are starting to prosecute him. More charges may follow. I doubt work release will ever be... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Criminal Law. So there is 12 ppl on a federal indictment and every one except one person is taking a plea but one person

Who has the most charges on the indictment, trafficking cocaine, meth and other illegal drugs plus money laundering is going in front of the jury is that the best thing to do?

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answered on Jan 23, 2025

Noone can know what is the best voluntary disposition without being his lawyer and investigating his Case. Defendant and his lawyer need to investigate the disclosed facts, examine witnesses and prepare for trial. The lawyer should also examine the possible federal Sentences involved. Then... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can you file a quitclaim deed and then follow up with an affidavit of heirship?

My father passed away last year without a will. My sister wants to keep the family home and have the deed transferred to her name. My father only has two children which is my sister and I. I don’t want any ties to the property. We filed a quitclaim deed to remove my name, but now I think we... View More

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answered on Jan 16, 2025

It is logical to record the Heirship Affidavit, then record Deeds thereafter citing the heirship resulting in present title in the Deeds' derivation of title clauses. But it is not fatal, and you can record the Affidavit later which shows how the grantor had a source of title to convey.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: How do roadway easements work in private property...

In the state of texas we have a undivided interest piece of property going to be divided into three different family member sections.. THere is an existing public road adjacent to Family Member A... There is an existing gravel road that goes through Familly Member A, B & C new property.. I am... View More

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answered on Jan 14, 2025

All tenants in common should hire a TX attorney. A survey may be needed, but in any event the joint and permanent use easement must be described, and should have monumented corners. Maintenance responsibility should be stated. All TIC's agree by notarized signatures on the Joint... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim?

Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More

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answered on Jan 12, 2025

The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.

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1 Answer | Asked in Probate for Mississippi on
Q: Father in law failed to execute estate, colorado closed it. What happens to money in savings account from deceased?

My father in law was the executor of his late Father's estate. He failed to finish out the probate, but there was a substantial amount of money left in a saving's account. How does he access this money to actually do what the will asked him to do?

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answered on Jan 10, 2025

Next of Kin of deceased Father need to either file for probate administration without a will, or try to use a recorded Affidavit of Heirship to try to convince Bank to let go of funds. Otherwise the Bank keeps the money and you will never be able to claim Unclaimed Property from State. If you... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Alabama on
Q: Is it possible for me to obtain ownership of land that has been enclosed within my fence for around 80 years?

My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the... View More

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answered on Jan 10, 2025

Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I am doing contract for deed. I turns out the seller has not paid the mortgage payments is there anything we can do?

A guy came to the door and dropped off papers not in any envelope or needing any signatures. Asking us to deliver to the sellers of the house stating it’s in foreclosure and being put up at auction

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answered on Jan 9, 2025

You might start looking for another place to live. It will take awhile for the lender to foreclose and then the new owner will sue you for possession. You could sue your landlord for breach of contract, that is him putting you in exclusive possession. But all your paid in rents are gone,... View More

1 Answer | Asked in Estate Planning for Montana on
Q: I'm trying to help my father in law. Question is in the more info because it's to long

I'm trying to help my father in law.

My father in law decided to help a homeless person by letting them stay on his property for a few months to get back on their feet. They asked if they could stay in a house on the property that had no water or sewer (which they knew about and... View More

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answered on Jan 7, 2025

Owner must hire a competent MT attorney file suit for Ejectment now. He might lose the property through adverse possession. He cannot do what he did with this occupant. He will have to prove title. If the SOL has not run he might sue for possession only, but 6 years is a long time. He... View More

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How can I obtain a indigent affidavit to waive my tickets that are old in other counties. Due to loss of income.

I'm on child support. My tickets are a few years old . I recently just got released from prison. I'm a felon. And I'm mentally ill.

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answered on Jan 7, 2025

Some Courts will allow you to get rid of some fines and costs as indigent. But you will have to ask each individual Judge or their clerk to apply as indigent. All Courts will require some payments if not all. Driving is not a right. Hire a TN attorney to help but most of it is you finding... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

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answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

1 Answer | Asked in Real Estate Law for Alabama on
Q: My great grandparents gave me the deeds to 2 acres+/-. Can I change the deeds to my name...they both have now passed.
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answered on Dec 16, 2024

Giving you possession of deeds does not give you title, possession or anything but papers. Recorded deed conveyances from an owner over to you as grantee is what gives you title. Most likely the Decedents' Heirs own the properties. Hire an attorney to search the titles and determine... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I regain ownership of the property through a quiet title lawsuit?

Hello,

I am a resident of a country other than the United States.

My real estate agent transferred my property in Michigan free of charge (quit claim deed) to his company without my consent and with a forged signature. He then sold it to a third party.

My real estate agent,... View More

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answered on Dec 9, 2024

You will need a competent MI attorney to search the title and sue all parties involved as they will be indispensable by law. You should have the advantage of filing where the real property lies (MI). Expect to have to appear in Court, Depositions, etc. If you win, you need the Judgment to... View More

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Is there a statue of limitations for collections from TN AG’s office. I never received a bill & 2018 is the last year

On Saturday, Nov 23, 2024 I received a letter from AG’s office in TN saying I owed them over 80k. The last year I had interaction with them is during an inquiry by the TN medical license board regarding false allegations of over prescribing opioids. I had practiced for 33 years when the hospital... View More

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answered on Dec 7, 2024

Not sure of what the $ 80K alleged debt is for, so I cannot give you a SOL, There is a 10 yr catch all SOL, but if criminal costs are involved, it may be part of a sentence. But you do have Exemption Rights, which you might need to assert by Notice Of Exempt Properties if CH 7 Bankruptcy is not... View More

1 Answer | Asked in Probate for North Carolina on
Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.

The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More

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answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

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