My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »
Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing the...Read more »
A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »
This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate...Read more »
I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »
I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its...Read more »
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't really know if... Read more »
A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was...Read more »
Yes, you can file suit in the small claims court so long as your claim is $3500.00 or less. It is impossible to give you an answer as to your chances of winning with the information you provided. You will need to prove that your seller misrepresented the facts to you. With your mechanic's...Read more »
You will need to consult with an attorney licensed to practice in Arkansas concerning Arkansas real property matters. Real property law varies from state to state and an Arkansas real estate attorney should be hired to assist you.
Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and...Read more »
Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in... Read more »
In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the...Read more »
Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be...Read more »
You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a...Read more »
I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?
You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your...Read more »
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once...Read more »
A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about...Read more »
You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the...Read more »
The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »
A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how...Read more »
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
I recommend scheduling a consultation with a probate attorney for the review of your Mom's Will. Your probate attorney can answer your questions about the Will and can also give you recommendations for the most efficient way to handle your Mom's estate and protect her assets.
Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against...Read more »
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