Property owners and managers have a duty to maintain the premises in a reasonably safe condition for tenants, visitors, and other lawful guests. If the apartment complex failed to maintain a safe environment near the rent drop box, your wife may have a strong case for premises liability. If the... View More

If all parties agree - all beneficiaries and all trustees - the trust can be terminated. If any party objects, the party seeking to terminate the trust must bring a lawsuit to terminate the trust and have a valid reason for doing so. Otherwise, the trust will continue to exist until the date of... View More

CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More

If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More

The land and mobile home are titled assets. If the title to the mobile home and land were not transferred to the trust during the trust maker's lifetime then they do not transfer according to the terms of the trust and would instead be subject to probate, like the no administration necessary... View More

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More

You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be... View More

If the property is located in Florida, you can file a partition lawsuit. In the lawsuit, the court will decide how to equitable split the property. If that cannot be done, the court will order the sale of the property with the parties splitting the funds from the sale. This would be your best... View More

If you qualify for the mortgage by yourself, it is possible to refinance without your ex husband's signature even if he was on the previous mortgage. The divorce decree may also provide some guidance on how and when the refinance can take place. Your ex husband may need to sign a deed to you... View More

It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More

If you were the passenger, you can bring a claim against the at fault driver, whether it is the driver of the car you were in or the driver of the other car. The biggest issue that you currently face is the statute of limitations, which requires you to bring the claim within two years of the... View More

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

Compensation for damages arising from an automobile accident is always negotiable. The amount of damages you receive is a combination of medical expenses, physical damage to your body, damages to your vehicle, and pain and suffering. When you are not represented by an attorney, the at-fault... View More

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

The term "victim-related offense" on an incident report typically refers to the criminal offense that directly affected the victim in the case. It identifies the nature of the crime that resulted in harm or injury to the victim. This could include serious charges like aggravated assault,... View More

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