The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More

Addressing a default on a home equity loan, particularly one with the complexities you've described, involves understanding several legal principles.

The lender can foreclose on the deed of trust within 10 years after maturity if the recorded deed of trust recites a maturity date, and... View More

If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:

Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More

Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the... View More

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further... View More

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police... View More

Based on the details you provided, you may have grounds for legal action against the caregiver and the agency responsible for her care (Home Watch Caregivers). The caregiver's negligence, such as leaving your mother alone on a sloped driveway and being distracted on the phone, could be key to... View More

You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.

Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the... View More

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

Anytime a foreclosure occurs, the HOA must file a trustee's deed showing that the property was foreclosed and transferred to a new purchaser. You can check the real estate records for this deed. If it has not been recorded in the public records, then the foreclosure was stopped.

You... View More

The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool... View More

The liability of a hospice corporation for the actions of independent consultants can hinge on various factors including the nature of the relationship between the hospice and the consultant, the scope of the consultant's work, and specific legal principles like vicarious liability.... View More

The eviction case will be stopped while the case is on appeal. However, your niece should be required to pay rent while the appeal is pending. Once the appeal is resolved, you can move forward with the eviction. If you are removed as executor, your ability to evict will also be removed, so your... View More

If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.

You will definitely need a lawyer for a partition action to force the sale... View More

As a beneficiary, you have the right to request an accounting of the estate. This includes all transactions made since your mother's passing, including any payments or withdrawals from her bank accounts. The executor is legally bound to provide this upon request, showing how estate assets have... View More

In order to adequately protect yourself, you will need to secure the repayment against the property through a promissory note and security deed. It is the only legal way to ensure you are paid as scheduled. This will not only give you the ability to foreclose on the property if not paid as... View More

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More

As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:

Document all... View More

If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More