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1 Answer | Asked in Estate Planning, Real Estate Law and Legal Malpractice for California on
Q: Do any attorney's offer pro bono work if executor of estate committed fraud?

Brother is executor. He took $250,000-$300,000 plus his 1/3rd from mother's estate. she allotted her assets to three kids 1/3rd each. My brother took all assets minus $20,000 to my other brother and I. Can I pay an attorney at the end of settlement or pro bono?

James L. Arrasmith
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answered on Jan 23, 2025

Many legal aid organizations and law firms in California offer pro bono services for estate fraud cases, particularly when substantial funds have been misappropriated. Your situation, involving the executor taking significantly more than their designated share, would likely interest these... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How much should it cost to title an already-owned property in Louisiana to a trust? I got one quote for $2K. Seems high.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 23, 2025

More information is needed on this included but not limited to what exactly are you seeking to do, how many properties, whether or not a title search is requested and/or being provided. Additionally, the costs to do this include attorney/legal fees plus filing/recordation fees. $2K may be high as... View More

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0 Answers | Asked in Civil Litigation, Criminal Law and Real Estate Law for Missouri on
Q: How to file against a false Police report which cause an arrest, and false information on an Order of protection

This started back on Oct 12th. I was a tenant of a house that was being sold. I owned a hot tub that I told the new owners may or may not be staying, everything depended on capability of moving as the hot tub is 20 years old. What was stated in front of a witness was the cord and plug were not GFI... View More

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for New Jersey on
Q: Can my ex husband's future creditors put a lien on our former home that is in my name only?

If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?

Anthony M. Avery
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answered on Jan 23, 2025

If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Benjamin Z. Katz
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answered on Jan 23, 2025

If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: If My parents left me and my brother their estate (home) and my brother died leaving no will, do his children inherit it

My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 23, 2025

Yes, his children are likely his heirs, in the absence of a will, and inherit everything he owned. An informal, unwritten agreement would not be enforceable.

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0 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is there a legal document or I can have the handyman sign that would protect me from any future lawsuits or legal claims

hope you're doing well. I have a follow-up question regarding the live-in handyman arrangement I’m considering. Is there a legal document or agreement that I can have the handyman sign that would protect me from any future lawsuits or legal claims? Specifically, I’m looking for something... View More

0 Answers | Asked in Real Estate Law, Banking and Business Law for Georgia on
Q: I purchased services via ACH for $89/month. I cancelled in Jan 2024. They kept charging me. Can I recover the funds?

I noticed in September they kept charging me. I emailed them two or so more times and finally last charge was in December, but they have not returned funds and don't return my emails or calls. I filed a claim with my bank, who says it's too late for them to reverse per NACHA rules. Do I... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: I allowed my brother access to my property ( my house ) via a quick claim deed on the grounds that it would be temporary

and it would be returned back in my name . I've asked him several times that I want to end the quick claim deed and have my property returned back in my name . This he hasn't done . I recently paid property tax and noticed that my name is not on the statement . In fact he has claimed my... View More

Anthony M. Avery
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answered on Jan 22, 2025

I am afraid that you had no idea what you were doing. You might hire a MS attorney to try to sue for a Resulting Trust or Setting Aside a Fraudulent Deed, but it is doubtful. If you have a written agreement or witnesses to the agreement, it might help. All interested parties are... View More

0 Answers | Asked in Real Estate Law for South Carolina on
Q: I made an appeal for writ of ejectment the judge placed a bond I couldn't afford it left the property

I left the property will the case end it's an writ of ejectment appeal

2 Answers | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas on
Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More

Anthony M. Avery
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answered on Jan 22, 2025

Quit playing around and hire a TX attorney to file suit for possession.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Buyer for my home dropped out and won't release the earnest money

He had a loan proof and then on settlement day he said the loan was not approved. I have paid alot of money to move out and have the home ready for the new buyer and now its vacant and I'm in limbo waiting for the house to sell. I had to move in with my daughter while my belongings are all in... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 22, 2025

Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Neighbor built his fence. He was informed (and on video) that he was building on our property by a few inches.

When the cops came he tried arguing the two old ladies with dementia argeed he could build on their property instead of his own. In roughly 2 years it will be adverse possession(7 years by law here).

We struggled to come up with almost $1,000 in survey fees and have hundreds now for court... View More

0 Answers | Asked in Real Estate Law for Ohio on
Q: Is there any free help with filing a lien on a property

I’m in Dayton ohio

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My grandfather passed away in late 2023 and although he had a will, it doesn’t appear it was filled.

My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.

James Clifton
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James Clifton
answered on Jan 22, 2025

What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I have a tenant in CA (with no lease) and 3 months in he then brought in an unauthorized occupant and dog. Trespassing?

He’s been occupying the room for less than a year so I gave him a notice to vacate by March 1st 2025 and states he is not leaving. My question is can I use “trespassing” on the unauthorized tenant. Some backstory, I gave him a notice to vacate the property by January 2025, due to the dog and... View More

James L. Arrasmith
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answered on Jan 22, 2025

You're dealing with a complex situation that requires careful handling under California law. The unauthorized occupant is not technically trespassing since they were invited by your tenant, making them a subtenant - even without your permission.

For the unauthorized occupant,...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Banking for California on
Q: Figuring out who's appraisal will the courts use to calculate the value and equity buyout?

So i'm going to take a heloc to buyout the petitioner from her share of the equity. AT last conference the judge and attorney's got me to agree to a buyout by 3/18 with the next conference scheduled for 3/15. Both sides where to put an appraisers name into the hat and the courts would... View More

James L. Arrasmith
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answered on Jan 22, 2025

The court process and HELOC appraisal are two separate matters that might not automatically align. You'll likely still need to follow the court's original order about selecting appraisers unless you get explicit direction otherwise from the judge or both parties agree in writing to use... View More

1 Answer | Asked in Real Estate Law for California on
Q: I'm on the process of closing Escrow however, I do not wish to continue with purchase onthe house. My finances have chng
James L. Arrasmith
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answered on Jan 21, 2025

Your situation is completely understandable - financial circumstances can change unexpectedly during the escrow period, and it's crucial to make decisions that protect your financial wellbeing.

In California, you might be able to cancel the purchase agreement, but the specific terms...
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