didn't do either. Sold the mobile home and property and I got nothing, and it was instructed in the will, what can be done?
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answered on Jan 11, 2024
Was the Will Probated? If not, it means nothing, and there is no executor. If there was a probate, then you file a motion to set aside the sale in the probate case for grounds. The fiduciary has breached his duties and might be removed. If so, then he is potentially liable for his property... View More 
My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More
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answered on Jan 11, 2024
If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More
Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.
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answered on Jan 10, 2024
Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition... View More
I want to give renter 90 day notice and break the lease. Can I legally do that?
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answered on Jan 9, 2024
That will almost certainly a breach of the lease contract. Have you read the termination terms of your lease? Depending on the County where you rent, there may be a small amount of leverage with a security deposit if one was given. You might leave and take the chance of being sued. However... View More
He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container
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answered on Jan 8, 2024
LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.
Tennessee, Overton county 2019-CV-49
M2021-00766-COA-R3-CV Upheald Date of Decision 09/30/2022
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answered on Jan 4, 2024
Post Judgment Interest if ordered starts from the date of Judgment. And it was not tolled by the appeal. Call the Court Clerks to see how it will be computed. But collecting a Judgment is another matter. Hire a TN attorney to get paid.
I presented landscaping pictures of before and after the poultry damaged the property via Email, including a video of chicken digging in. The Assistant DA refused to see the damages. Poultry repeated scratched for food for 3 months in our Landscaping and flower beds.
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answered on Jan 4, 2024
If DA refuses to seek restitution, that is his discretion, not yours. If defendant convicted, then it is res judicata on the issue of property tort damage. But you will need to put on proof of money damages.
And you can file your own civil suit in General Sessions. However... View More
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answered on Jan 3, 2024
You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.
I am from CA and am investing in rental property in North Carolina. We have a living trust established few years back and to which our existing home was added. I was told to add any future property (in CA or out of state) to the trust. As I purchase this new property, is it better to assign the... View More
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answered on Jan 3, 2024
It is doubtful that the lender will take a deed of trust and note with only the trustee's name and signature. They will want the trustee to sign individually. And this is at closing. If transferred to the trust later, it might violate a due on sales clause, but will definitely still... View More
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answered on Jan 3, 2024
If there is no other firearm disability, then yes, you can own guns. But check that OP out at the Court, preferably with an attorney. Read it verbatim to ensure it expires on its own terms. A mistake would be serious. If the expired OP shows up on your back ground check, do not get excited... View More
My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More
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answered on Dec 27, 2023
As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More
Is the person who issued the deed over 30 years ago come in and take possession of the real property? Can you sell the property to another providing the original deed to them to have the property recorded in their name?
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answered on Dec 26, 2023
Unrecorded Deeds are only effective between the grantor and the grantee, not the world that has no notice. Also payment of taxes may give someone ownership, while non payment of taxes might bar ownership. Hire a competent LA attorney to search the title and advise if you have a claim of... View More
I purchased some acreage in the Summer of 2023. I knew there was a right of way for a natural gas pipeline through the property, but to date, I've never seen a copy of that agreement. I don't know what my rights and responsibilities are regarding that pipeline - or if I should even be... View More
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answered on Dec 26, 2023
Search your title and look for encumbrances such as the easement for the pipeline. It probably does not include lease payments and is perpetual. If the law firm represented you, which is doubtful, then make them disclose the title to you. However most likely you did not hire an attorney and... View More
said GRANTEES, their heirs, successors, and assigns, forever". Does that mean the heirs (spouse and children) of the deceased automatically inherit the 25% interest of the GRANTEE? Or does the 1 ALIVE GRANTEE automatically inherit now 100% of property? I really dont want to deal with the... View More
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answered on Dec 26, 2023
Without words of survivorship the grantees and their heirs will take as tenants in common of undivided interests. Someone has to pay the taxes and mortgage or the property is lost. You may wish to hire an attorney to determine heirship and get a Deed from all other TICs over to you so that you... View More
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answered on Dec 22, 2023
Any heir is a tenant in common and has authority to sell their interest. There may be a Probate Action also which gives the fiduciary standing sometimes. The title is not your concern as you only have possession unless a Detainer is filed.
she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that
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answered on Dec 20, 2023
Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays... View More
Police stated that i could not report the car stolen but the lot had to. The lot is not getting back with me and I need this person out of the car. How should I handle this matter?
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answered on Dec 15, 2023
Apparently you put your car at the lot? If so, it may have been a bailment, and that is your problem. But if someone else has your car now, then it probably is theft of your property. Report it as stolen. If you know where the car is, and who has it, then you can file an Action To Recover... View More
Need my money back. Owner allegedly burnt house for insurance fraud
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answered on Dec 15, 2023
Hire a competent TX attorney now. File suit for breach of contract, fraud, conversion property tort, etc., and most importantly, declare a constructive trust on the insurance proceeds. You will need a Notice Lis Pendens possibly. If there are criminal charges, attempt to get restitution... View More
I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to... View More
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answered on Dec 14, 2023
Apparently you have taken a risk without much investigation. It would probably be a lawsuit in Canada, but you will have to read your contract. There may not be a breach as of yet from your statments. In any event, you need to look closely at your defendant target. He may be judgment proof.... View More
I was told that the paperwork was being turned in this evening and that in TN it is Class E felony and the SRO had no choice but to charge me. But suggested I get an atty and he was ok and suggest I try to plea down or get it dismissed. What am I looking at time in jail or probation?
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answered on Dec 8, 2023
It is serious. Hire an attorney to get it diverted, dismissed and expunged. There may be some misdemeanors or an attempt (which lowers it one class) which might be acceptable to the DA and the Judge. Still you do not want a felony , so keep quiet and hire an attorney. Attempt to resolve it... View More
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