David Soble's answer The question becomes "HOW" was your step mother's son left the home? What type of interest did he have on the deed? If your father's name is not listed on the property, what liability are your referring to, that he should have any concern about? Contact a real estate attorney who can review your documents. See also: www.provenresource.com
David Soble's answer There are no forms to quiet title to real estate. A quiet title action is performed by real estate attorneys. To quiet title is to litigate. If you have the time and experience to litigate a matter, and you are a licensed attorney, then you should feel right at home with the courts. Otherwise, check out this slide presentation:
Five Reasons You May Not Even Need An Attorney -www.provenresource.com/slides Good luck! Remember, nothing of value is free.
David Soble's answer You should not be held responsible for the additional monies that your wife took from the mortgage company after the divorce decree was entered. It is most likely that you will be held responsible for the debt prior to the new advances.
David Soble's answer You are missing some facts in between here. How long ago did your father leave the home to you in his will? What happened to the home from the date of death until now that there is a third party now owning the home? Your question begets more questions.
David Soble's answer How unfortunate. If the intent was to give the money a gift, then generally speaking it will be considered a gift. Absent any documentation to the contrary - any promises or contracts as they relate to real estate must be in writing (Statute of Frauds).
David Soble's answer The land contract provisions control however, generally speaking, Michigan law as well as federal law has certain restrictions concerning land contracts and pre-payment. Have a competent real estate attorney review your contract.
David Soble's answer To give a legal opinion would require that a real estate attorney review the survey and review your purchase transaction documentation. That is how you would start this inquiry. FYI - while I like 'Google" I don't believe that Google Earth is a reliable source. Only a competent real estate attorney and a licensed field surveyor can assist you.
David Soble's answer Unusual question because it is between family members, but generally speaking, without any existence of a written lease, he could evict you under the theory that you are a month to month tenant.
David Soble's answer Sometimes in the property listing agreement it will say the commission or fee is "x amount, but never less than $500." Without seeing your documents, this is my impression of why the fee is what it is. If you need more information, go to www.provenresource.com
David Soble's answer When dealing with a private property auction company be prepared to engage with a more complicated sales contract. They are very often "boiler-plate" and favorable to the seller. From the facts as presented, the contract provisions will prevail. Usually, there is very little room for refunds. A competent real estate attorney should review your document further. It is also better to have an attorney draft or review the sales auction contract before hand, and not after the fact. See...
David Soble's answer Unless the deed states your Mother's name, (He doesn't state who his wife is in your facts) then it seems that she or someone in your family will have to go to probate court and ask to be assigned as a personal representative. This is more common than you think. Please visit www.Provenrsource.com for more information.
David Soble's answer Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
David Soble's answer You don't need to have the tenant there to do a walk through of the property, however, you do need to complete the check out list and provide them with a copy of your checklist with an itemized list of damages and costs for repairs within 30 days after the termination of occupancy.
Michigan law also requires that the tenant has an obligation to notify their landlord in writing within 4 days after their move out date of a forwarding address where they can be reached and receive mail;...
David Soble's answer You will need to review your real estate agency agreement to see if there is a "protection period." Usually 180 days, if there is a protection period, then you will need to honor the same or may be held accountable for the previous agent's commission. You can see an entire article on this topic by going to https://www.provenresource.com/firing-your-realtor. Good luck!
David Soble's answer Your question is not clear as to where your father lived or where the real estate is located. Each state has it's own laws. If this matter pertains to an Alabama probate / real estate matter, then you will need to advice and counsel of a licensed probate attorney in Alabama. If the property or your father resided in Michigan, then we can be of assistance.
David Soble's answer Having a conservator appointment by the court is probably the best approach since this is an issue of legal capacity and you as a joint owner, have a position of influence over her. However it should be known that someone who is diagnosed with dementia may still have a sufficient understanding of the document that they are signing and the document's effect. Each person's situation is different and so an evaluation by a medical professional as to what that specific person is capable of...
David Soble's answer Unless you have a signed contract that specifies a specific county of jurisdiction, you would file in the state district court closest to where you live and where the property is located.
David Soble's answer Yes, but the process should not be terribly difficult if there is a named personal representative in her will. If no will exists then expect to take a bit longer. See www.provenresource.com/probate
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