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answered on Jun 15, 2020
Was the Will filed for Probate? If not, then the Will means nothing, and the real property goes to the Heirs At Law. If the Will was Probated, and it is not an Insolvent Estate still open, then the Probated
Will, usually under its Will Book and Page Number, is your source of title as a... View More 
The property manager orally promised to not let anyone enter the property unless the tenant was told. A repair man was supposed to repair the oven door because it would not shut completely, even with it on. The property manager told the tenant that the repair man would come on the weekend and the... View More
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answered on Jun 10, 2020
If you have a Lease Contract, then it probably allows this or generally makes repairs the Landlord's duty. You are lucky to have such a Landlord. I doubt you would have any damages even if the Contract prohibited this unannounced visit. Irregardless, there is no cause of action.
He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but... View More
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answered on May 15, 2020
If you can prove that your mom lacked the mental capacity to sign a deed when she signed it or that she had been subjected to undue influence, you might be able to convince a court to void the deed. You will need a fiduciary litigation attorney to help you.
answered on Mar 30, 2020
Arkansas does not have any statutes that relate to prepaid rent. That being said, if the reason for not being able to stay in the lease is related to military, you may have protection for refund through the Servicemembers Civil Relief Act. You could also be able to offset any prepaid rent if lease... View More
Person has been told to stay off property yet continues to trespass and attempts to alter my property
answered on Mar 15, 2020
It sounds like the dispute you're describing is with your neighbor who owns land that borders yours. If so, and the situation can't be resolved, you will have to file an action in circuit court requesting an order confirming the exact location of the property lines in dispute. These... View More
I have rented a house for 6 or 7 years, SECOND time property has been sold without being offered to me. Last landlords did not even tell me about it, got a 1 day notice on my door to pay this month or the new owner (the bank) will change my locks & dispose of all my property). I already sent a... View More
answered on Mar 31, 2020
This question was posted in Arkansas Real Estate but from Kansas City, MO, my answer is based on assumption this real estate is located in Arkansas.
There is no duty of the prior owner to offer the property for sale to the tenant so there is no violation as to that matter.
As to... View More
The same easement is recorded on our deed and the other two deeds. My father was unable to drive the last 10-12 years and was unable to go to the property. Other family members did not travel to property either. The two property owners where easement is assigned going to our property have the road... View More
answered on Mar 14, 2020
Your situation is not uncommon and the answer depends on many factors. Among the most important considerations are the type of easements held by each landowner, whether the roadway at issue is the only egress and ingress onto the property, the length of time the roadway has been in existence,... View More
Contract states "The Closing of the sale of the real property (the “Closing”) shall occur on or before January 15, 2020 or at such other date as may be mutually agreed upon by Buyer and Seller (the Closing Date)." The builder has informed us they will not be ready on the 15th and may... View More
answered on Jan 12, 2020
You may have potential recourse depending on other provisions in the contract and the cause of the delay. Some contracts include financial penalties for missing closing dates, so you should review other sections of the contract. Barring any specific language in the contract for penalties, the... View More
I have lived on the property for 4 and a half years. Once i had paid her the asking price in full (approximately 2 yrs ago) thats when she informed me of her desire to "keep that land in my family and give it to my grandson upon my death". But i paid her in full. Ive known her my entire... View More
answered on Nov 27, 2019
Her tendering the deed to you is instrumental in effectuation for the transfer, so as of yet you didn’t purchase the property.
I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?
That when the sheriff will be called and he will put a 3 day vacate notice? I can be out by then just not the original 3 days posted by apartment complex
answered on Sep 6, 2019
This notice is simply the first step a landlord must complete before they file a lawsuit in Court to have you evicted. The sheriff can not and will not do anything until they have a writ of execution from the Court, which is the document that commands the sheriff to forcibly remove you from the... View More
My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.
answered on Aug 28, 2019
You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.
You should speak to a lawyer about the debts owed and... View More
I want to buy a bank owned foreclosed property. The land is landlocked. Do I need an easement to use existing driveway? If so how do I get one? The home was owned by the owner of the surrounding property. I'm told she didn't have and will not give an easement.
answered on Aug 28, 2019
I'm confused because you're saying the property is landlocked, but there is an existing driveway. It could be possible to get an easement by necessity if your property truly does not have any means of ingress.
If there's an existing driveway, the easement may already... View More
I haven’t started the process yet for my expungement, but I am in the process of trying to find a lawyer to do so, it’s a Misdemeanor A Theft.
answered on Aug 27, 2019
Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order.... View More
Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the... View More
answered on Aug 24, 2019
Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the
contract(s) specifically say there is no termite... View More
answered on Jul 31, 2019
You can, but you're selling an "undivided interest," and I can't imagine why anyone would want to buy one. If you own a third of the property, you don't own 1/3 of the land, you have a 1/3 interest in all of the land. So, you'd have just as much right to possess the... View More
answered on Jul 23, 2019
A realtor is not required, but you will need to draft a deed of some sort to actually convey the property and its best to put your agreement in writing.
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