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My grandparents own a piece of land in Arkansas that they want to gift to my brother. There is no existing mortgage or will/trust affecting the transfer. What steps do we need to take to change ownership to his name?
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answered on Feb 23, 2025
Grandparents hire an attorney to draft a Deed to the Brother. A Mo attorney could draft it if he is careful, or hire an AR attorney in the respective County. Then you execute it and record it. It could be a life estate, remainder Deed.
I want to know if I can probate a will 15 years after my father's death to claim my inheritance. The will was never probated, and there is a dispute between the children and the stepmother. I have a copy of the will, which states that my stepmother could live in the house until she married or... View More
My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More
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answered on Feb 20, 2025
If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.
Wills mean nothing without probate. Since you... View More
I am considering a lawsuit against a realty company and/or a real estate agent for breach of contract, negligence, or fraud related to a land purchase agreement. In October 2024, our company entered into a purchase agreement to buy two lots for $50,000 each, based on the real estate agent's... View More
Can we rescind the purchase agreement and seek a refund of the $100,000 payment due to a significant price discrepancy ($50,000 vs. $20,000 per lot), especially given that the purchase agreement did not include price adjustment terms? The sale was contingent on the lots being free from... View More
I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More
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answered on Jan 13, 2025
The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.
Note... View More
My father inherited real property that was 3 generations old,the deed was given to him,but I'm not sure he legally transfered the deed after my grandfather died.Then he put my step mom's name on it as his name grantor and to his wife grantee in county .Is that legal title?
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answered on Jan 1, 2025
No deed is involved when heirs take. Hire a competent AR attorney to search title and determine heirship, and give his opinion about who are the owners. Remember taxes have to be paid.
How can we get a title for it in his name?
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answered on Sep 26, 2024
Hire an AR attorney to search the title and determine heirship. Draft a Deed from the heirs over to the Brother and ask them to execute it in front of notaries.
By my parents how do i go about getting the deed in my name.. there is nothing owed on the property
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answered on Sep 20, 2024
Hire a competent AR attorney to search the title, then draft an Affidavit of Heirship and a Quit Claim Deed. Do not try to do this yourself.
How are loopholes discovered?
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answered on Oct 7, 2024
There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck
I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More
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answered on May 23, 2024
Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.
There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..
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answered on Apr 1, 2024
Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.
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answered on Feb 22, 2024
In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More
Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More
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answered on Feb 10, 2024
An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More
Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.
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answered on Jan 22, 2024
If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More
My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More
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answered on Jan 11, 2024
If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More
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answered on Dec 5, 2023
Wife can encumber her property interests without your consent or knowledge.
But the title company says it has to be divided 7
ways…can the title company go against the will?
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answered on Nov 30, 2023
I rarely give much credence to title co's, but they might be right on this. Hire an attorney to search the title and determine the precise ownership.
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answered on Nov 17, 2023
In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More
I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More
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answered on Oct 30, 2023
Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.
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