My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?
Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what...View More
You definitely have a lawsuit. If the property manager and property owner provide security systems and fail to maintain them, they are liable for damages caused to tenants who relied on those systems being in place. Schedule a free consultation immediately to make sure evidence is preserved and...View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which...View More
House with small mortgage and bank account in his name only. Investment account, pensions and two small debts. Does she need letter of administration or is this all considered marital property? Or just year of support form filed with court? Dekalb County, Georgia.
You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to...View More
There are a lot of options. If you haven't previously requested a loan modification, partial claim, or another type of loss mitigation. The loan holder will likely work with the homeowner to postpone the sale to allow the loss mitigation application to be processed. Other options include...View More
My father and his siblings each inherited 1/6 of the land from their dad. It was never divided because they could not agree. My father passed and now it goes to his three children. Can I file a summary of administration and change his 1/6 of his land to his 3 children. He has been deceased over 2... View More
This is going to get complicated quickly. You can file for summary administration as an heir of your grandfather. Each of the 5 remaining siblings will need to consent to the administration or be served with the court paperwork. If any of the siblings have died, their heirs will need to consent or...View More
I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More
When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious....View More
I have occasion hemorrhage over brain. Accident caused light headiness, feeling of brain swelling with tightness in my face plus lips tingled. Neurologist said the rattle of brain inside skull in rear end collision cause my pre-existing condition to regress backwards. Neurological symptoms lasted 6... View More
Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for...View More
Losing your house to foreclosure is only one option of many. You could also: 1) Negotiate a modification, 2) Refinance, 3) Sell the property and cash in equity, 4) Answer the foreclosure to set up a defense that buys you enough time to find alternate living arrangements, 5) Bankruptcy to clear up...View More
Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty...View More
If your agreement is the Georgia Association of Realtors Exclusive Seller Brokerage Engagement Agreement, you can unilaterally terminate the listing and rent to someone else without owing commission if Section 4D is not filled out. Be careful about relisting and selling the property during the...View More
I live in Georgia. My mom’s will splits her estate between me and my two sisters equally and includes the phrase “per stirpes”. I have no children (natural or adopted) and no grandchildren. If I die before my mom, who does my share of the estate go to?
If you die before your mother and you have no lineal descendants born or adopted, your share would go to your two sisters or their lineal descendants should they have any. Instead of being split three ways, your mother's estate would be split two ways between your two sisters or their lineal...View More
You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation...View More
Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure...View More
when my daughter moved to the USA few years ago to study i sent her money to buy an Condo so she has a place to live. For years i asked to be added to the title which she always found ways to avoid . Now after many arguments she is saying being "willing" to sign whatever document i bring... View More
There are a lot of things to take into consideration. First is the authority to sell. If she is the only person on title, she will need to assign you power of attorney to sell on her behalf. She could also transfer the property to you through a deed. Second, there may be additional taxes if either...View More
This tenant is violent and we have lost two tenants due to this tenant. The judge issued a writ to remove her on the same day of court because of her violent nature. However, the sheriff won't be available to evict her till Jan 4th 2024. We have two other tenants who feels unsafe. Can we have... View More
Unfortunately, you have to wait for the sheriff's office to complete an eviction. If you try to remove the tenants yourself, you will be liable to them for any damages incurred. Contact your county commissioners and state representatives to have them set legal deadlines for the sheriff's...View More
You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that...View More
You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and...View More
You can contact the tax commissioner and/or sheriff's office in the county where the property is located and ask for the contact information for the purchaser who won the auction. You can also look in the public records for the tax sale deed which will have purchaser information from the sale....View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.