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My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?
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answered on May 2, 2023
Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.
I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing
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answered on Sep 26, 2022
You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.
The property is in my name only. Can't I leave the records alone if I plan to sell and then just have the court order proof when it's time to sell?
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answered on Aug 18, 2022
You are not able to convey a deed to yourself. The new deed needs a derivation of title clause to the former name, then the acknowledgement contains your sworn statement you are the same person as both the old and new names. You could also put style of the name change case or divorce and docket... View More 
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answered on Aug 5, 2022
With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.
I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... View More
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answered on Jul 19, 2022
More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.
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answered on Jul 11, 2022
You could but it would only be enforceable in Court. Hire a MN attorney for an Eviction action.
Refuses to sign seller agreement, do I have rights
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answered on Aug 18, 2021
You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.
The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... View More
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answered on Jun 4, 2021
It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... View More
I have made mortgage payments, property tax payments, and added value to his home
answered on May 23, 2021
It is possible that you could have a claim, but it would not be in the family courts.
If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.
I am interested in buying a condo in Peurta Villarta.
answered on Feb 1, 2021
You likely need an attorney in Mexico who handles real estate transactions. Alternatively, a real estate agent in Mexico should be able to assist you.
Our buyers had their boiler go out a month after they moved in and now want us to pay for it. We owned it for 7 years and never had any issues. It was all working properly during inspection and for a month after they moved in. They are threatening legal action against us if we don’t pay them... View More
answered on Nov 25, 2020
You should consult directly with an attorney. An attorney may even be able to help you get them to leave you alone.
There were several owners to the property I purchased. One of the owners had her deceased husbands name on that part of ownership. It is recorded that this was not changed until 5 months after it is recorded I purchased the property. Is my title and deed valid if this one owner wasn't actually... View More
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answered on Oct 9, 2020
You have not clearly stated the chain of title. But without knowing more, it will be critical that your widow grantor conveyed her interest to you by warranty deed. That is because if she in fact gained title to the property after she conveyed to you, it immediately inured to your grantee... View More
Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... View More
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answered on Jul 8, 2020
Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... View More
The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... View More
answered on Apr 27, 2020
First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against... View More
She is refusing to give half, is she able to do that?
answered on Mar 4, 2020
By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... View More
The county had another company haul in gravel and pile it up on my personal lots and I knew nothing about it and now they want to lay claim to it
answered on Oct 27, 2019
A Minnesota attorney could advise in the best manner, but your question remains open for three weeks. As a general rule in virtually any jurisdiction, the homeowner does not get a windfall from the mistake of the county or its contractor in such a situation. Most anywhere, the gravel would be... View More
The seller won't be at closing and pre-signed all paperwork but the title needs to be transferred to a trust without ever being put into the name of the buyer. It needs to go directly into a Trust. Can this be possible if the seller pre-signed?
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answered on Aug 24, 2019
If the seller has already signed the deed to the buyer, then no, not without having the seller sign a deed directly to the trust instead, and if you are going to do that, then there are other papers that will need to be signed and some redone as well. There needs to be an assignment of escrow from... View More
The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... View More
answered on Jun 25, 2019
In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... View More
My niece is a first time home buyer and has had dealing with two disreputable realtors who manipulated her into signing lengthy contracts. The first released her from the contract via email, and the second refused to submit a bid on a desirable home until she signed a contract. She made it clear... View More
answered on Apr 30, 2019
This does not sound like your problem; this sounds like your niece's problem. And since your niece's problem raises important contractual and legal questions that can injure your niece, I highly recommend that you tell your niece to consult with a real estate lawyer before she does... View More
answered on Apr 19, 2019
Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.
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