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2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
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answered on Jun 10, 2024

If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband currently has warrants out of Hamilton county for theft over a thousand and salt however he was in Illinois

I also have messages from messenger on Facebook of her saying that she falsified the charges. She didn't want to go down there and attempt to take them off because she didn't want to get charges of falsifying of a police report. She's also a felon so I don't understand how she... View More

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answered on Jun 10, 2024

Husband needs to hire a good attorney now. He will need to lower the bond if possible, and definitely prepare for a Preliminary Hearing. Victim might not show up, but Courts usually give the DA 2 0r 3 times to get his witness to testify. Do not talk to the victim/witness again.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

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answered on Jun 10, 2024

Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am the victim but did not press charges the state did . Do I still have to answer the interrogatories questions?
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answered on Jun 7, 2024

Something is not right. Either you took out an OP, a civil action, or the State charged Defendant with Domestic Assault., a crime. Written Interrogatories are in civil actions, not criminal prosecutions. It sounds like you filed an Order of Protection and now you have to put on proof.... View More

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: If I own a home but don't own the property can the property owners make me get rid of a dog?

My wife and I recently bought a home on her grandparents property. Shortly after moving in we purchased two puppies, but now my wife's grandparents are telling us to get rid of the puppies because her grandfather is afraid of big dogs. Are they allowed to do this?

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answered on Jun 6, 2024

If you do not own the land, then you do not own the property. You are a tenant of some type, and that building/mobile home is personal property. Owners can file a Detainer Warrant (for virtually any reason) and run you off, such that you probably abandon the home. You have to keep the... View More

3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

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answered on Jun 5, 2024

That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More

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1 Answer | Asked in Estate Planning on
Q: How do I find a will of deceased is it registered somewhere can someone repress it
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answered on Jun 3, 2024

If the Will was Probated, then it is in some file of a Court with Probate Jurisdiction. Start with the County where Decedent died and look for the Probate Court. On occasion a copy of a Will is filed as a muniment of title in the property records.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a voter registration fraud charge be dismissed if the state error in the charge?

TCA

2-19-109

2--19-107

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answered on Jun 3, 2024

If you are at General Sessions, then you make a Motion To Dismiss as all elements not shown. If Indicted, then you may have to try it and make a Rule 29 Motion at the end of the State's Case. Hire a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i request that the State DA re- review a felony charge because i believe there's an error in the charge.

TCA

2-19- 109

2-19-107

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answered on Jun 3, 2024

It is up to to the DA to decide what criminal statute he prosecutes under. Do not help him put you in jail. It is up to your lawyer to make a Motion For Judgment Of Acquittal or maybe (a big maybe), a Bill of Particulars.

1 Answer | Asked in Estate Planning and Probate for North Dakota on
Q: Hi! My mom passed away in 2022 and she left everything to me in will. It has been probated and filed in the court. All o

Some how my sister’s name appears on the property. My mom didn’t know about it

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answered on May 31, 2024

If a decedent does not own a property at his death, then it does not go to his heirs or devisees. Search the title and see if Mother owned the property. If Mom owned it, then eject the occupant. Your lawyer should have told you what the assets were when you did the inventory.

2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?

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answered on May 31, 2024

Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More

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1 Answer | Asked in Estate Planning for South Carolina on
Q: Self-recreation/revision of a current Living Trust - rules that apply

I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More

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answered on May 31, 2024

You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Correction of deed-- what to do when the previous owner-seller is not available to sign ?

My vacant lot is in escrow and in order to close filing the correction is needed ( a legal description not complete ).

The previous owner is not able to be reached. How to proceed?

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answered on May 31, 2024

You will need to hire an attorney to cure the title defect. A title search will be required first and then the attorney can analyze how to cure the title defect. You should have known about the title problem a long time ago. Some defects cannot be cured except by lengthy time periods under... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person get a 1-8 split after violating on state probation and catching new charges?

My boyfriend is on 4 years and has 26 months done on it plus has caught a drug charge vandelism, assault, and retaliation. He has set in jail for a year now.

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answered on May 30, 2024

I do not know what a 1-8 split is. But boyfriend needs an attorney now. The retaliation charge alone will merit a large bond if one is set. Any charge, not just a conviction, is a violation of probation. So he will probably at least complete the 4 year Sentence incarcerated, and may get... View More

2 Answers | Asked in Estate Planning for Virginia on
Q: How can I get remainder of trust from trustee who never gave annual Acctg but did give tax returns?

5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.

1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.

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answered on May 31, 2024

Beneficiaries must hire a VA attorney to sue the Trustees for Breach of Fiduciary Duty, Conversion, Accounting and Breaching the applicable Statutes. Venue will probably be where one of the Trustees resides, unless the Trust has a jurisdiction term. SOL will probably shield the oldest years of... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

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answered on May 30, 2024

The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

2 Answers | Asked in Real Estate Law for West Virginia on
Q: I received a call and am not sure if it's a scam or something I need to deal with.

I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18... View More

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answered on May 28, 2024

You do not have to make yourself available to receive the summons and complaint. But you cannot attack the process server either. And intentionally avoiding service gives the plaintiff grounds to serve you by publication. If you get served, then hire an attorney. If not, forget about it.

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