Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.
Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.
Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But...Read more »
There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the... Read more »
It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case,...Read more »
Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then
Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not...Read more »
I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... Read more »
Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is...Read more »
I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »
That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous...Read more »
I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »
Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by...Read more »
We have been taking care of old family property for 10+ years( taxes/upkeep) There are 4 brothers on the deed 3 are deceased. The one left wants us to put it in our name. What will need to be done to make that happen?
My use of the 200 foot road involved all types of farm operations and required easy/safe access to the property. My deeded ROW opens directly to a major highway that is dangerous to all vehicles. My use of the 200 foot road has not been challenged in all these years. My neighbor wants to sell... Read more »
You may need to hire an attorney to file a Declaratory Judgment Action to establish an Easement by Prescription. The new owner may cut you off. You will need to put together a list of Witnesses, and title searches of both properties will help.
The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »
How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.
Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.
You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.
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