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answered on Nov 17, 2020
You will have a taxable gain based on the sales proceeds less your basis in the property. If the property was subject to depreciation, then you would have "recapture" income. This recapture income would be taxed as ordinary income and not as capital gain income. Any amount of gain in... View More 
Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... View More
answered on Nov 15, 2020
If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.
Inspection done and was noticed after 30 days the water leakage by buyer...
Buyer did not ask Seller about water leakage before closing and seller did not know
answered on Oct 20, 2020
Was there a realtor involved in this transaction? if so there are disclosure forms completed for the sale listing. As Seller did you complete such a form? Buyers typically make offers contingent upon home inspection results- was there a home inspection?
I never co-signed for any loans!
answered on Oct 8, 2020
The real estate is subject to the mortgage and it should either be refinanced by the heirs or be sold to pay off the mortgage.
answered on Oct 5, 2020
The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:
- Make less than $99,000 (or $198,000 if they file a joint tax return)
- Be unable to make full rent “due to substantial loss of... View More
The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.
answered on Sep 24, 2020
You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.
My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.
JB filed a... View More
answered on Sep 23, 2020
Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .
We are both unmarried TIC owners of rental property and one of us signed an OFFER to purchase bf seeing i got much better offer. Buyer claims he'll file civil suit. Is the signature of only one owner on the offer enforceable?
answered on Sep 17, 2020
You really need to use a realtor. Cannot answer this due to unaware of the particular facts as to what representations were made to the potential purchasers.
Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc
answered on Sep 15, 2020
This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.
bathing for months, wearing dirty clothing bad body odor. I served a 30 day notice to quit in July. I have told him I wanted him out in January 2020. He has made little effort to relocate. In August he looked at an apartment, that that I had given him the phone number for, After looking at the... View More
answered on Sep 14, 2020
It looks like the moratorium will be ending on Oct 17, so you will be able to move forward soon but you should have a landlord tenant attorney advise you. This is a general forum and directs consumers toward obtaining appropriate legal assistance where merited.
answered on Sep 9, 2020
You need to review the moratorium order before taking any action.
break the lease without the consent of the 3rd roommate?
answered on Sep 4, 2020
If you signed the lease, you move out before the lease ends, and you stop paying rent, under most leases you are liable for the rent for the remainder of the lease term. This is so regardless of whether the other lessees do the same thing or not. The two lessees will have broken the lease and will... View More
adjacent to it. Originally we thought it was town property because it has no structure and is just woods. I recently found out it is privately owned. Are they responsible for damage and or necessary protective measures?
The property is unattended, and I haven't seen anyone near it for... View More
answered on Sep 1, 2020
Be careful. While it seems a general rule that you can cut branches and vines overhanging onto your property, but not the trees and plants owned by another person or entity! Do note that there is a substantial statutory penalty for cutting down someone else's trees here in Massachusetts so... View More
who now does the property belong? I am one of three offspring listed in my mother's estate.
answered on Aug 31, 2020
So, was she a joint tenant- does it say that on the Deed? If so, then the surviving tenant takes the decedent's share. However, if the deed does not describe her as a joint tenant she is presumed to be a tenant in common and so her estate has an undivided share with the other co-owners.
The Force Majeure paragraph: (Pandemic part)
Whenever a period of time is prescribed for the taking of an action by Landlord or Tenant (other than the payment of the Security Deposit or Rent), the period of time for the performance of such action shall be extended by the number of days... View More
answered on Aug 20, 2020
No. The definition you are relying upon expressly excludes "payment of the Security Deposit or Rent."
Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -
answered on Aug 18, 2020
Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services ,... View More
Ma
answered on Aug 3, 2020
Is husband incarcerated? He can still enter into a divorce Separation Agreement but the logistics are harder if he is. You have not stated enough information to determine whether the agreement is fair and reasonable and this is the Court's standard needed for a divorce to be approved of by the... View More
Our property?
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answered on Jul 21, 2020
Adverse Possession probably does not apply here, although the Boundary may have moved a little from the record boundary due to Acquiescence. But it appears that you at least have an Easement By Prescription. Title Searches on both tracts might disclose an Express Easement, but should at a... View More
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