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I am the eldest daughter and was the caregiver to my mother who passed away on April 19, 2025. My mother was married to a man who is not my father, and I am unsure if she had a will. There has been no mention of a will by family members or her husband, and she didn't have a lawyer, safe, or... View More 
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answered on Jun 11, 2025
If you cannot find an original Will then you can still file an intestate administration of her Estate. You need to try to find out what assets she owned at death. Some assets may go to the surviving spouse, but you are an heir and next of kin. Hire a NJ attorney to file this with you as the... View More
I am transferring the ownership of a jointly owned home to a trust via a warranty deed. The home was previously owned jointly with my deceased spouse, and their interest was transferred to me as outlined in the will. Do I need to include my deceased spouse as a current owner on the deed for this... View More
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answered on Jun 11, 2025
Was his Will probated? If it was then you are the owner if Husband owned anything to convey. More than likely you take as the surviving spouse, not through the Will Devise. Whatever the case, apparently you are the owner and should convey the property to the Trustee of the Trust. Absolutely... View More
I purchased my home before getting married, and the deed lists me as the owner with my 'friend, Joe Smith' as the beneficiary upon my death. We married in November 2021. I want to update the deed to reflect his status as my husband. How can I update this to prevent any potential future... View More
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answered on Jun 11, 2025
You will need to consult with a MO attorney to draft that deed. You might convey to both of you as husband and wife. But if what you state is true, either him or his heirs still take at your death, period. That is probably not what you want. So consult with a MO attorney, and I suggest both... View More
I am considering purchasing a property with a clear title, which previously had underground storage tanks removed between 1991 and 1993. I possess an IEPA Field Report documenting the cleanup during that time. However, there is no notice on the title or from the IEPA indicating that no further... View More
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answered on Jun 11, 2025
Before you sign a contract to purchase or pay the grantor, hire an IL attorney to search the title and check for any environmental problems. You may need an environmental consultant, and you must check with both State and US EPAs. Buying a dirty site will destroy you. Also do not have the... View More
I prepared a quitclaim deed online using LegalNature, and it's been notarized and recorded. My grandmother and I intended to establish joint tenancy with rights of survivorship. This phrase is included in a section labeled "Vesting information / property interest: Joint tenancy with... View More
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answered on Jun 6, 2025
One cannot offer a decent opinion of this internet deed without looking at it. There are several requirements for a deed to be recorded and be enforceable in TN. Hire an attorney to draft the deed. Once someone contests title or just ignores it, it is difficult to defend it or ask to reform... View More
I live at a private railroad crossing in Tennessee, and the train frequently blocks our only way in and out for hours at a time. This affects not only me but also other residents in the area, creating a potential hazard since emergency vehicles cannot reach us, and there is no alternative route.... View More
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answered on Jun 6, 2025
I know of no possible remedy. Railroad either has an easement or owns the land where the road crosses the track. Either way is superior to any access you might claim since it is not blocking access all the time but only when the RR uses that track. Did you not search your title before you... View More
I am on the deed to my daughter's house in Maryland, but I am not on the loan. The house is in the process of foreclosure, with a letter of intent to foreclose received on 05/25. There are no other individuals on the deed. I am concerned about whether this foreclosure could impact my credit.... View More
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answered on Jun 5, 2025
It is possible that the lender might report a parcel you own has been foreclosed upon, which is going to be true. However if you did not sign a note or a deed of trust, then you did not borrow money from the lender and owe them nothing. If your credit report says anything about a delinquency on... View More
I recently purchased a property in Sheridan County, WY, where an existing fence line was built further onto our side than the property title shows. The previous owner and neighbor signed an encroachment agreement stating that if the fence needed maintenance or repair, it would be moved to the... View More
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answered on Jun 3, 2025
The adjacent landowners have probably acquiesced to the present fence as the boundary. Hire a WY attorney to search both titles, looking for the common boundary in each title's legal descriptions, and any boundary line agreements. It is usually cheaper to defend a boundary dispute than to... View More
I own a property in Kentucky with an active lien held by a bank on the entire property. I would like to know if I can sell a portion of my land to a private buyer, despite the lien. Furthermore, I am interested in understanding if any sale would need to be approved by the lien holder, or if the... View More
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answered on Jun 2, 2025
Almost for sure the lender has a due on sales clause in the security instrument. So if you sell collateral to someone without the lender's approval, default and foreclosure occurs. You will need lender's approval for a partial release of their lien. If this is just a judgment lien,... View More
My father passed away from a heart attack while suffering from cancer, and his life insurance company is requesting additional medical records. They haven't specified why they need them, and we haven't provided any because we don't know how to obtain or submit them. We're also... View More
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answered on May 23, 2025
Who is the designated beneficiary? Only that person has standing to make a claim on the policy. Insurance carrier is probably looking for a false statement of medical condition made by your Father. It may be impossible to get the medical records unless there is a probate administration, which... View More
I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More
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answered on May 21, 2025
You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More
My sister and I were given my mother’s two homes as tenants in common with the right of survivorship. We verbally agreed to sell the homes together, but I recently discovered she sold her share without my consent and now I have a new co-owner. The records have not been updated yet. I need to... View More
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answered on May 20, 2025
In Tennessee we have either tenants in common or joint tenants with rights of survivorship. That alleged estate comes up alot and causes many title problems. Usually Courts will find the joint tenancy is destroyed, but sometimes find only a survivorship interest is conveyed to the third party.... View More
As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More
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answered on May 19, 2025
If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More
I am the executor of my late father's estate, which includes several firearms he intended for me to inherit. My father did not have a formal will, but he provided me with personal writings expressing his wish to pass these guns to me. I am an only child, and my mother is supportive of me... View More
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answered on May 17, 2025
You are not an executor if no will is probated. Apparently you are the administrator and the heirs own those firearms as personal property of the Estate. Your lawyer needs to tell you who the heirs/next of kin is. Then get the other owners to agree in an Court Order for the firearms to be... View More
I am facing a probation violation on a shoplifting charge in the same county where my custody battle is happening. I want both matters resolved as soon as possible. Given these circumstances, do I need to hire separate attorneys for each case, or can a single attorney handle both?
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answered on May 24, 2025
Those are two very different legal issues. The probation violation will probably be one hearing, and you either go to jail or not. The custody case will usually be lengthy, unless you come to a quick agreement with the other party. They are very different issues, so it would be better to... View More
My mom passed away in 2016 in Honolulu, Hawaii, without leaving a will. I need a letter to prove I am her daughter for matters related to her financial property, specifically her employment benefits or assets. No legal proceedings have been initiated for her estate, and I am unsure if there are... View More
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answered on May 14, 2025
You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally... View More
I am in a verbal agreement, established through a conversation between real estate agents, to purchase a home currently proceeding through probate in Arapahoe County, Colorado. There are no written documents supporting this agreement, and no other parties are involved in the purchase. I have... View More
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answered on May 13, 2025
Whatever agreement you have is unenforceable as it violates the statute of frauds. The real estate agents have no authority unless they have a listing agreement with the probate fiduciary and there is a Court Order to sell the property before the Probate is closed. Hire a CO attorney to secure... View More
I have had a permanent easement for my garage encroachment since 2001. I am considering installing fences to lock animals on my property, but the lot owner has expressed concerns about whether this is allowed and has asked me to review the situation with a surveyor. Could you advise on how the... View More
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answered on May 13, 2025
The adjoining landowner will probably claim fence is an unreasonable burden on the easement across his land, or an encroachment structure on his property. You do not own the property where the easement lies, just an interest in his property. Consult with a CT attorney about your express... View More
I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More
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answered on May 13, 2025
Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.
I received a check with "inheritance gift" in the memo from the executor, who is the other beneficiary of my late parent's estate. The will states that all assets are to be divided equally. However, I have concerns about trust issues and haven't discussed the inheritance further... View More
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answered on May 12, 2025
Executors have discretion to refuse all kinds of payments. You will need to hire an attorney to examine the Probate File, Estate Assets, and the Trust if one exists. Since the Executor has sent you a check, he will claim to have made a distribution, whether you cash the check or not. It... View More
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