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What do we do if it's not in her name and only her deceased husbands name? There is one credit card that she is a joint user for. We have gotten death certificates so far but nothing else.
answered on Feb 10, 2022
The wife is not liable for credit card debt she did not contract to pay by being on the card or using the card. She may be liable if the charges were for something the law calls necessaries, like medical care, food, clothing, and other needs of her spouse, but that is liability for the necessary... View More
Stated that the Contents belonged to me. Now I’m being threatened with a law suit that the contents go to the estate. I’m in Virginia. Is co-tenant the same as co-owner in Virginia? Who owns the contents?
answered on Feb 2, 2022
It is more complex than that, but could easily have been resolved if specified in a proper Will. If the reason you were a co-tenant on the box was for the convenience of your mother, then the box belongs to the estate. Basically, the law interprets your role as one of a trustee of something called... View More
answered on Feb 2, 2022
In DC, you file a lis pendens. The law changed a number of years ago, and the lawsuit, itself, is not a lien. It is a great idea ti have counsel assist in this.
I am losing clients=$ because of this. There are 1.5 years left on the agreement. I am not sure I can afford to stay. Any chance I can recoup any of the lost revenue?
answered on Feb 2, 2022
In a commercial lease (and, to a lesser extent, in a residential lease) the answer starts with a lease review. Without reading the responsibilities of the landlord and the tenant memorialized in the lease, there is no possible accurate answer. Contrary to popular belief, commercial leases are not... View More
My brother and I inherited our aunt's house, and I want to buy him out. We are trying to determine a value for the buyout and the estate lawyer recommended an appraiser. His appraised value came in considerably higher than the last tax assessment (by about $200k) as well as the approximate... View More
answered on Jan 27, 2022
Appraisals are often inaccurate or, more accurately, a matter of opinion. Unless you have an agreement to the contrary, get a second appraisal and see if it lands in the same place. Agree in advance that if the two appraisals are within x% of each other, you'll average the two appraisals. If... View More
can an adverse possessor evict the a land owner....
MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).
answered on Jan 27, 2022
To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... View More
an apartment where my friend lived with her husband. Now that the husband is gone, the mother is insisting that the apartment belongs to her, and is not even considering sharing any of the money from the sale. There was a will but it was not properly signed. Does my friend have any right to this... View More
answered on Jan 27, 2022
First of all, who is on the mortgage loan or the deed of trust isn't relevant. The incomplete and unsigned will is probably irrelevant, though Virginia has some holographic will law that might apply. What generally matters is the deed. If the deed was joint tenants with right of survivorship... View More
Want to avoid real estate agents, trying to keep costs down
answered on Jan 26, 2022
There is no need for a real estate broker, though a real estate broker could help. Brokers market and sell property, so the commissions they earn are based on the risks and expenses of marketing a property. You don't need those services, and the cost of contracting and closing a sale can be... View More
MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... View More
answered on Jan 24, 2022
The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... View More
Bought a “self managed condo”. 2nd unit claims ownership of yard. Plat is certified by engineer but not recorded by city.
answered on Jan 7, 2022
The plat is merely a resource. Review the deeds or get a lawyer to help.
My father in law passed in 2013. His home and belongings stayed empty for 2 years before my husband, our young children and me bought out his siblings for the home. Before us moving in, the siblings and husband, split up their fathers belongings. My husband passed away in 2020 and the deed to our... View More
answered on Dec 18, 2021
As I understand the facts, your father-in-law passed in 2013, and the personalty in the estate was divided among the heirs and the estate closed. Around 2015, you and your husband bought the house and its contents, and they belonged to him or both of you. Your husband passed in 2020, and now his... View More
Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... View More
answered on Dec 14, 2021
Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... View More
and stop the probate. Or will the client have to complete the probate process which just started on 11/22/2021. 2)The Deed is in the father's only. But he was married, and she has recently passed 11/14/2021. 3) The father's daughter's would like to just sell the property. But... View More
answered on Nov 30, 2021
If the property is in Maryland, you should not be able to close unless the probate resolved the deed. Without a review of the deed and the sequence of weddings, purchases, and deaths, it is impossible to define what needs to be done, but many lawyers cover both probate and real estate, and it... View More
Government land (It Doesn't Have To Be Obvious Of Abandonment) If Government land Was Sold To Another Government Department It Was Obvious Of Abandonment It Was Obvious Of Abandonment Before And And After After It Was Sold/Transfer To The Other Government Department. Can That Land Be Adverse... View More
I am original owner of my home. Have been maintaining mowing, landscaping etc. for 23+ years. What are my options ?
answered on Nov 20, 2021
The answer will depend on whether your possession was open, adverse, continuous, and hostile for the right number of those 23 years. Mowing someone else’s lawn isn’t very hostile, but fencing it certainly might be. I suggest you get a consult with a real estate lawyer to review the facts.
I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... View More
answered on Nov 17, 2021
Citing Maryland Code defining an adverse possession is not an argument explaining how that Code section supports your position. The judge isn't your lawyer. You are. It sounds like your motion to reconsider is denied, so your next step is a timely appeal and seeking a stay of the eviction. If... View More
We have 20 months of receipts.
answered on Nov 16, 2021
I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... View More
adverse possession when the owner takes back land in the same manner as the adverse possessor.that regards squatting or or squatting (no claim of right).
answered on Nov 14, 2021
Adverse possession is a defense. It is not a claim. I have used it before by flipping claims and defenses using techniques like a petition to quiet title or a complaint for declaratory judgment, but it is generally a defense that gets asserted to block a summary dispossession. In other words, it... View More
I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... View More
answered on Nov 11, 2021
The cheaper answer is to return to the lawyer who handled your chapter 7 and hope he still has the file. so he can remind the lender of the cram down. If this was a DIY or the lawyer is inaccessible or unavailable, someone needs to look up the file at court, get the cram down order, and start... View More
I bought a house in April of this year. The owner’s disclosure paperwork did not include that there were some cracks on the living room floor or one of the walls. The home inspector did not see them because there was a rug and furniture covering the cracks and a big vase with flowers arrangements... View More
answered on Nov 9, 2021
You may have both a latent defect and a misrepresentation cause of action if the defect was latent and the seller knew and lied in the disclosure. The case may involve attorneys fees and treble damages.
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