Do not, under any circumstance, sign a contract with a non-attorney for surplus funds recovery in Georgia. Many of these "mortgagor's agents" are unscrupulous and prey upon vulnerable people who have just been foreclosed. These "agents" then turn around and hire an attorney... View More

Your exact percentage depends on how the deed was worded. If it was a joint tenancy with right of survivorship, you own the entire property. If it was tenancy in common, you own your portion plus a portion of your parents part if they died without wills. Schedule a free consultation to have your... View More

The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from... View More

It depends on how the deed with your mother and sister on it was written. If they were on the deed as joint tenants with right of survivorship, you do not have any interest in the property as it would have passed entirely to your sister at the time of your mother's death. If they were on the... View More

Partition lawsuits take a long time to resolve if the parties can't reach an agreement. It is hard to estimate the cost without knowing more details. If it is contested, the costs can get quite high. Mediation is typically an hourly expense and ranges from $1,000-$5,000 depending on how long... View More

Whether it can be called due depends on the written terms of the line of credit. Typically, if it is a deed of trust, it will have terms that allow it to be called due or accelerated and foreclosed. There are many alternatives to foreclosure including a loan modification, bankruptcy, sale of the... View More

The most you can recover individually is $250,000 regardless of how much the other injured parties have used. If you are having trouble getting your expenses reimbursed by the insurance company, you need to engage an attorney to advocate on your behalf. There may be other avenues of recovery to... View More

Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More

If the adjuster does not contact you, you will need to reach out on behalf of your daughter. Since minors cannot legally settle claims on their own, you, or an attorney working with you, would be the one to communicate with insurance adjusters, handle negotiations, and sign any settlement... View More

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More

If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More

If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

If the child is granted a portion of the estate in the will, he is entitled to whatever the will states. If the child is not granted anything in the will, he is not entitled to a portion of the estate. The will controls the distribution. If a person is married after they create the will and does... View More

The two heirs of the single woman inherit her 50% of the property. The three heirs of the single man inherit his 50% of the property. Probate will be required for the man and woman for their heirs to take their portions of the property. The previous attorney was probably referring to the tax basis... View More

One co-owner cannot exclude the other co-owners. If they do, the other co-owners are entitled to a reasonable amount of rent from the co-owner who is excluding them. If they are unwilling to pay rent, your will have to file a lawsuit. You can force the sale of the property through a partition... View More

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

If the husband had no will, the husband's inheritance will pass to his heirs according to the laws of intestacy. The wife would be entitled to a portion of the estate as would any children of the husband. The wife will need to file probate on behalf of the husband to receive his inheritance.... View More

Under the state's strict liability law for dog bites, where the dog owner is liable if their dog bites someone in a public place or lawfully on private property, like during house sitting, you have a very high likelihood of success in your claim. The dog's history of biting strengthens... View More

You will need to file probate in Florida. How complicated the process will be depends on if probate has already been filed in Indiana. If it has, ancillary administration can be filed in Florida. If probate has not been filed in Indiana, an original probate must be filed in Florida. If the lot is... View More