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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
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
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
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
My father was a resident of Washington but spent the last 11 years in a convalescent home in Virginia, during which time his home in Washington was sold. He also owns land in Alaska. Given these circumstances, where should I file for probate?
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answered on Sep 6, 2024
What is the reason to file probate? If not needed, and the heirs take the real property, then do not. When filed, creditors will make claims. WA sounds like a possible jurisdiction, but convenience to you as an administrator is important here. Consult with a probate lawyer of your choice and... View More
I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.
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answered on Sep 5, 2024
If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More
I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More
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answered on Sep 4, 2024
No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More
He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More
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answered on Sep 4, 2024
You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More
We bought a double wide mobile home together and put it on my wife mother's property and now she wants me to leave and the mobile home is payed for can she force me to take the money she is offering
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answered on Sep 1, 2024
You made an improvement to someone else's real property. That is called a gift. Your lawyer can argue for an equitable distribution. It sounds like you are not on the deed. You might argue to move and sell the MH, but it probably will not be worth it. You might ask for alimony if... View More
The person who bought it just sold it for 1.3 million dollars. I have been searching irregularities in foreclosures and found that if the sale price is significantly lower that the value, it could possibly be challenged. I am in Tennessee.
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answered on Aug 30, 2024
That would be an uphill climb to claim it shocked the Court's conscience. You might look for an attorney to file it, but it is doubtful. The foreclosure sale is what you would attack, not the later sale. So time is running against you. Foreclosures must be enjoined before the sale... View More
I purchased a home 1990. Granted my mother life rights 1992.
The specific wording on the North Carolina Warranty Deed is:
“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”
There are no liens on the property and no disputes.
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answered on Aug 21, 2024
You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More
They signed the deed of assignment giving me their 2/3 share in the property in question and I signed a deed giving over my interest in 3 other properties which are now sold.They have now said during the sale of the property in question they want all the 50k equity after the sale because they... View More
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answered on Aug 21, 2024
It sounds like you are being ripped off due to not having an enforceable contract. You may have to sue for breach of contract, but statute of frauds may bar your suit. Hire a lawyer to work out the remaining deeds and compensation distributed.
Mom had no will so 50 percent of sale will be split between my brother and myself.
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answered on Aug 21, 2024
Hire a competent TX lawyer to draft that Deed. Transfer Value can be computed on actual land value conveyed. But Deed should have a complete derivation of title and specify what exactly is conveyed. IRS Regulations can give values for remainders. etc.
I have a 2 year old niece, who I want to name as an heir. I do not want her parents, my brother and sister-in-law, to have access to the money. I want her to inherit it when she becomes an adult. How do I accomplish this?
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answered on Aug 20, 2024
Your heirs are determined at your death, not while you are alive. For money a trust will be in order with a good Trustee running it until the Trust is executed and distributed to the grown Niece. If land is involved, hire a competent KY attorney to draft a future interest deed with the Niece... View More
The life estate was in my name and brothers name . However upon looking at the Will it states “ I hereby give ,devise and bequeath all property of every kind ,character and description owned by me at the time of my death and wheresover situated unto my son , “my name “
My question is... View More
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answered on Aug 19, 2024
If you were already deeded the life estate (and the remainder went to someone else) in a recorded deed, then the later probated will has no effect on real property the decedent did not own at death. Hire a MS attorney to search the title and determine ownership.
Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More
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answered on Aug 19, 2024
Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.
Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.
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answered on Aug 19, 2024
Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More
It's a motion to renew,extend and/or revive a judgment (against me)for an additional ten yrs. I have no idea what the judgment is for. My husband and I did a bankruptcy way back when, I can't even remember when it was. And as far as I know no one fought it. It says I have thirty days to... View More
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answered on Aug 19, 2024
Get out your bankruptcy petition and see if the creditor was listed as a scheduled debt. If not, it was not discharged. You need to look at the Judgment which is probably a lien against you of record at the Register of Deeds. If the Judgment is legitimate, then there is no defense to the `10... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 16, 2024
No claim to estate assets as either a spouse, will beneficiary nor heir. However Decedent's relatives need to hire a GA attorney to start a Probate if there are any decent assets. Quickly... If GF was on a Banking Account, then it will be cleaned out and not an Estate Asset.
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answered on Aug 15, 2024
The termination of a life estate usually involves the life tenant dying or conveying his interest to someone else. Otherwise it would have to be a Court Ordered reformation of the deed, a foreclosure, levy of execution or a tax sale.
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