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0 Answers | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Can a neighbor plant trees on existing boundary lines without consent?

New build residence next to existing older residence

0 Answers | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: If someone enters my house with a key, takes an damages stuff an ran up an electric bill but I have no tangible proof

I asked for key to be returned in Oct via police, but was given wrong key. And I didn't want to have landlord change locks so I didn't mention it to them. But I was gone about 3.5 weeks to return an pack my stuff an it was missing as well as damaged stuff. Law enforcement said it... View More

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: I pay mortgage in my deceased parents home for years. Can my sister kick me out if she says she's the executor? No will

She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA

.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Without a will, California intestacy laws determine how the property is distributed among heirs. Since you've been paying the mortgage and living in the home, you have established certain rights as an occupant and potential heir.

Your sister's role as executor would need to be...
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1 Answer | Asked in Intellectual Property, Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James L. Arrasmith
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answered on Dec 21, 2024

If the land office decides to sell your property for unpaid taxes, they typically need to follow legal procedures, which usually include having a valid deed or lien on the property. Selling without proper documentation can be challenged and is generally not allowed. It’s important to review your... View More

0 Answers | Asked in Real Estate Law for Colorado on
Q: can an HOA resident be denied install of solar array on a 5 ac lot due to neighbors disapproval

Colorado Revised Statute 38-30-168 specifically states "hoa cannot deny install of solar panels in the first section of the statute then in 2nd section it states para 1 does not apply to para 2 and lists reasons why the hoa can deny install for such things as "aesthetics, view, etc"... View More

0 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Utah on
Q: Post office refusing to deliver to my address because it's vacant, even though it is not vacant.

I have a legal question about an issue I'm dealing with with.

My local post office is refusing to deliver packages to my address, and when they get a package they just return it to sender.

Is there any legal action I can take?

2 Answers | Asked in Real Estate Law and Foreclosure for California on
Q: My 2 nd mortgage foreclosed on me , I’m current with my first mortgage ,The second I owed $74 kMy 1st I owe $366,000

Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California

James Clifton
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James Clifton
answered on Dec 20, 2024

If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More

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0 Answers | Asked in Real Estate Law and Gov & Administrative Law for Illinois on
Q: The city is giving me there runaround regarding a repair to a post. I've fixed but they refuse to provide info on status

I've repaired using the parts requested they lied in court stating they inspected and did not. They refuse to provide written documentation as to what the problem is. I had to battle them for FoIA docs.

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: If my step dad died and I have been living In and paying taxes on his home and property, how do I get ownership?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 21, 2024

I’m sorry to hear of your loss. But the answer is unclear without more details.

Was step father the sole owner of the property?

Was there a will or trust or ‘ladybird deed’?

Are there other heirs?

Paying the mortgage and/or taxes doesn’t impact things much...
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0 Answers | Asked in Real Estate Law and Collections for Georgia on
Q: Are you available for a chat? I’m looking to litigate my mother’s HOA fees.

She died Jan 2024 and the HoA refused to send me a bill (although I’m administrator) until Nov …then the bill came with outrageous fees. I want them to explain with proof of services. Before after photos - all proof they gave her proper notice. They’ve also been charging her for violations... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: How can I get a full copy of all parameters of GA Code § 44-6-84 - Life estates in a printable format?

Real estate attorney established a full life estate with a single statement in a sales contract for my home. It has been a nightmare for 5 years, and it must be resolved.

Anthony M. Avery
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answered on Dec 20, 2024

Not sure what a full LE is. Nor why you would worry about it being in a contract. What counts is what estate is conveyed in the DEED. Have you read the Deed? You need to hire a GA attorney to at least explain the Deed to you, and possibly search the title. Then he might advise to any... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: I’m currently month to month, the company closed before my lease expired. Now I’m with a new company with no lease.

Am I still legally bound by original lease terms with new company I have no lease with. Am I obligated to pay another months rent if I move on the 3rd of the month? I gave notice & I’m moving out. Rent is due on the 1st, grace period to the 5th. How can I have a fair chance at getting deposit... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: My home buyers reneged on ADT security. Who pays the electrician to remove?
David Soble
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David Soble
answered on Dec 20, 2024

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for California on
Q: My landlord wants to renegotiate my our rental agreement. If I don't agree I want to keep the same. What are my rights?

Can she evict me for that ? I rent rooms in landlords home. She wants to rent rooms separately and charge utilities.If she insists on changing rental terms and I refuse can I just give my 60 day notice move out but still under original agreement?

James L. Arrasmith
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answered on Dec 20, 2024

In California, since you rent rooms in the landlord's home, you're considered a lodger rather than a traditional tenant, which means some different rules apply. You still have important rights, but there's more flexibility in terms of changes to rental agreements.

For ongoing...
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0 Answers | Asked in Real Estate Law, Communications Law and Landlord - Tenant for Nevada on
Q: What are my legal options if I've discovered multiple hidden cameras in my home, provided evidence (Wireshark captures?

What are my legal options if I've discovered multiple hidden cameras in my home, provided evidence (Wireshark captures and video documentation) showing they're active without my consent, but the police declined to take a report? I am a legal tenant with a lease, but the homeowner's... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: NJ Siblings need to set up an LLC for a vacation house in PA and need to know proper protocol and procedures.

Three NJ resident siblings want to set up a LLC for their recenltly inherited vacation home in Paupack PA in order to spell out financial responsibilities, succession rules, and regulations for using the property. With the approval of the others, one sibling had a NJ lawyer produce a LLC for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 19, 2024

While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What would be the process to correct a deed after a person has passed?

My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 19, 2024

Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
PREMIUM
James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

0 Answers | Asked in Real Estate Law for Idaho on
Q: I live in the Hailey area and needing some fair and affordable legal advice. Would like to build a relationship w/

I need to redo my Will as well as get legal advice on the below subject. In 2013 I purchase a property here in Hailey soley. I improved it enormously since I am a DIYer. I am not rich by any means but fair and transparent. I retired in 2018 and purchased a second project house. I need about 65k to... View More

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