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My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... View More 
answered on Feb 22, 2022
That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer... View More
When we bought our condo, we were told it came with a parking spot. We're trying to sell our condo and are being told that our parking spot is "common area" for the building and we can't sell our condo with the parking spot. We wouldn't have bought the condo without a... View More
answered on Feb 17, 2022
That's a tough situation. Verbal comments would be difficult to prove, and it would depend on exactly what the seller posted when advertising it - whether it could be considered fraud. And purchase contracts typically say that information provided is not verified accurate. The condo... View More
I live in Ohio. He has agreed to let me keep the house, however we don't know what steps we need to take. We are 50/50 ownership currently with about 7 years left on the mortgage.
answered on Feb 14, 2022
You can't take his name off the mortgage or the deed by your action alone. He can take transfer his rights in the property to you by signing a quit claim deed to you. The mortgage company won't take his name off the loan. You'll have to get a new loan. So, after he transfers the... View More
We live in a small development in Ohio on a "private street". The city has been plowing the street for snow for 25 years and has now informed our HOA that they will no longer provide that service as we are a "private" street. Do we have any legal recourse?
answered on Feb 7, 2022
If it is a private street, then the city has no legal responsibility to perform any services on it. You'll be lucky if the city doesn't send your HOA a bill for past services, now that it has discovered its mistake. The HOA can use the Find a Lawyer tab to retain a local attorney to... View More
What can I do.
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answered on Feb 3, 2022
Call the police. He is trespassing and conducting an illegal eviction.
I live at a 2 bedroom apartment on the first floor next to the building entrance and the stairs. The main bedroom is next to the apartment entrance and we don’t sleep in it because we simply can’t! Noisy neighbors running on the stairs and slamming doors. In addition to the upstairs neighbor... View More
answered on Jan 24, 2022
You can ask the landlord, but landlord doesn't have to agree. You could try paying rent into escrow. Check your local court web site for the rent escrow process.
In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... View More
answered on Jan 5, 2022
You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.
I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... View More
answered on Dec 25, 2021
Ohio requires a satisfaction of mortgage to be filed 90dsys after payment
Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.
answered on Dec 18, 2021
If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.
Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... View More
answered on Dec 18, 2021
You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.
Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?
answered on Dec 14, 2021
Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... View More
I never lived at the apartment and we moved then he wouldn’t let me in or give me a key.
answered on Nov 16, 2021
You can file for divorce and ask for spousal support to help you pay for a place to live and ask for him to pay your legal expenses. Use the Find a Lawyer tab to retain a local divorce attorney who can advise you of your options.
My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?
answered on Nov 1, 2021
Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.
answered on Oct 29, 2021
If your grandfather completed a full transfer (i.e. the property is now deeded to you without any contingencies) then it is unlikely he can just :take it back". I suggest speaking with a lawyer to have them review the documents involved with the "signing over".
answered on Nov 1, 2021
Use the Find a Lawyer tab to retain a local real estate attorney who can search the title to the house in the county real estate records, determine the document he used to sign it over to you, and advise you if it can be taken back.
The AC unit is included in the rental, but not mentioned specifically in the lease. I notified my property manger on Sept. 28th that the window AC unit had mold behind the vents. I asked for it to be replaced and after a little back and forth they said they had to order a new unit and it would be... View More
answered on Oct 28, 2021
You'll have to work it out with the property manager. AC won't be needed for months. With all the supply chain disruption, AC equipment might be hard to find until spring.
We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info
answered on Oct 22, 2021
You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... View More
My parents are in their 70s and my father isn't in the best health.
answered on Oct 12, 2021
You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.
Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If... View More
My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... View More
answered on Oct 8, 2021
SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... View More
So I quit claim deed was given to me 7 years ago and I've been going through a divorce for almost that amount of time and it was just finalized a week ago Thursday and I went to file and paid the convenience fees and the recording fees but something wasn't on the deed a number I... View More
answered on Oct 4, 2021
You need to sit down with an attorney in your area so he or she can take a detailed look at your situation. This issue is going to be to involved for an answer on this forum.
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