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0 Answers | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Has Kansas House bill 2402 been passed?
1 Answer | Asked in Probate and Real Estate Law for California on
Q: Inheriting real property from probate

If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?

We would want the deed to list all owners as "joint tenants".

Would we have to add to the deed that the married... View More

James L. Arrasmith
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answered on May 23, 2024

Under California law, community property generally refers to assets acquired during marriage, but inherited property is considered separate property unless commingled with community assets. If you inherit property and want to ensure it remains separate, it's important to clearly state this... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord refuse hardship one time last payment from social services. I rent a room in her home.

She is also trying to gouge me on floor repair for her own mini fridge motor failing in middle of night.

James L. Arrasmith
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answered on May 23, 2024

Under California law, a landlord is generally required to accept rent payments from social services, especially if it's to prevent eviction. The refusal to accept a one-time hardship payment can be seen as a violation of tenant rights. If you have documentation proving that the payment was... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Is there any law for a seller to get out of a real estate contract before closing?

I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More

Anthony M. Avery
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answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: a home preservation promised to have my foreclosure dismissed. Instead I now have 3 days to evict can I get an extension

I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street

James Clifton
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James Clifton
answered on May 23, 2024

It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More

0 Answers | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: i need a trust and ejectment ASAP 39 year son getting agressive wants to pay bils.....take over

son has not worked in 20 years,,never owned a car...trying to take ove estate

in therapy..can not be trusted

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I replace smelly 10 year old carpet in a house I’m renting without the landlord’s approval?

I removed the bedroom carpet already and plan to replace all if the carpet with a newer gray color.

Delaram Keshvarian
Delaram Keshvarian
answered on May 22, 2024

Thank you for your question!

When carpet is so damaged and smelly that can raise the issues with habitability, the treatment can request a replacement from landlord. (Written communication with reasons for your request is strongly recommended). This damage should be because of wear and tear...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: Can my grandmother leave me (Grandchild) her home when she passes away while having serviving children?

She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 23, 2024

So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More

0 Answers | Asked in Real Estate Law, Child Support, Civil Litigation and Domestic Violence for Florida on
Q: URGENT 61on disability got eviction5/18(retaliatory)hve docs pd need help dispute case24-004073-CO

do I get 30days 4 mtm no lease not late w rent? retaliatory

1 Answer | Asked in Real Estate Law for Texas on
Q: Can we break lease if medically the humidity is making it hard for me to breathe?

I have lung condition and property has humidity 57-62% humidity. AC repair has been here 3X, recommended dehumidifier.

John Cucci Jr.
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answered on May 22, 2024

This is a tough question to answer without me looking at your lease. If you had the medical condition you would base your exit upon, it may not be OK to break the lease.

If the Landlord has provided you with a good safe apartment, and your health issue was not addressed in your lease, s/he...
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0 Answers | Asked in Real Estate Law, Civil Litigation, Construction Law and Land Use & Zoning for Colorado on
Q: Can I sue my neighbor if the contractor she chose refuses to do the job we both paid for?

My neighbor refused to use a contractor I trusted and told her other neighbor and myself she would not use anyone she didn't choose. We all paid the same contractor in full and now he refuses to install the fence. He claims there are hold ups from the HOA and city but I've contacted both... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: In Texas, how do I obtain a Deed once the taxes have been paid? With Right of Redemption, property has to be returned?

If Taxes are Paid in Texas prior to a Tax Foreclosure, how is the Deed obtained?

1 Answer | Asked in Real Estate Law for Georgia on
Q: I made an offer on a house thru the realtor who has shown us the house. He now wants us to sign a document stating that

he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!

James Clifton
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James Clifton
answered on May 23, 2024

You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.

Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
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2 Answers | Asked in Real Estate Law for California on
Q: Who receives the down payment when friends sell a jointly owned home?

Two friends buy a house in California (JTWROS). Friend A puts down $50,000. Friend B does not contribute financially. When the time comes to sell the house do they split the $50,000 down payment in half or does friend A receive it all back?

What if Friend A told Friend B he was gifting him... View More

James L. Arrasmith
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answered on May 22, 2024

In California, when two friends purchase a home as joint tenants with right of survivorship (JTWROS), the distribution of the down payment upon sale depends on the specific agreements and circumstances between the friends.

Scenario 1: No mention of gifting the down payment

If Friend...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: A lien filed on home. Title insurance pays it off. Once that is done, how long should it take to clear the home title?
Anthony M. Avery
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answered on May 22, 2024

Assuming the Title Insurance actually paid off the correct lienor, it should be released of record by now. Call the Judge of Probate and ask. But you probably need to search the title as there may be other problems. You can call the lienor and complain also.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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