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1 Answer | Asked in Foreclosure, Real Estate Law, Identity Theft and Wrongful Death for Maine on
Q: Trying to find out about a trust
Anthony M. Avery
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answered on Nov 19, 2024

What is your question?

0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New Mexico on
Q: I'm a FL resident, an only child of my 101-year-old mom. I need to add myself to a deed for a small parcel in New Mexico

She's currently in a hospice with advanced Dementia and was just diagnosed with recurring breast cancer. I reached out to her elder care attorney who isn't interested in helping. I also have Durable Power of Attorney. Any suggestions?

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

James Clifton
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James Clifton
answered on Nov 19, 2024

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

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1 Answer | Asked in Real Estate Law for California on
Q: I have tenant who have agreed to terminate the lease early. Can I withhold security deposit completely without cause?

There is no specific penalty, but thee is a clause in the lease which states that in the case of early termination, then the security deposit may be withhold to recover lost rent, commissions, painting fees, and any other charges needed to prepare premises for re-rental. If there's not much... View More

James L. Arrasmith
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answered on Nov 18, 2024

As a California landlord, you must follow the state's security deposit laws, which apply even in cases of early lease termination. You cannot withhold the security deposit without a valid reason, as this would violate California Civil Code Section 1950.5.

Your lease clause allows you...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Terminating a lease

If the landlord wants to terminate the lease, how many days notice and does it have to be in writing and laws when the person is a senior citizen

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

The answer to your question should be included within the rental contract that you both should've signed. As a rule, most rental contracts have a 30-day advance notice clause for termination of the lease.

If the landlord/landlady attempts to evict, and the leasee is an senior citizen,...
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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

0 Answers | Asked in Estate Planning and Real Estate Law for Delaware on
Q: My stepfather passed away. My Mother was not on the deed but became the administrator and opened an estate.

Unfortunately, my Mother became sick and passed away. Before she passed, she had a living trust opened, but she did not transfer the property into it. She left a will behind naming me the beneficiary for her life insurance policy and her home. I was his only child. He had no biological. The will is... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for Kansas on
Q: My deed to my home was in a safety dep.box my sister got the key and took it ,so I need a replacement?
Anthony M. Avery
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answered on Nov 18, 2024

Hopefully it was already recorded. If so, then just get a copy of the recorded deed at the Courthouse. An original deed rarely has any significance.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: I was arrested for unauthorized entry into a inhabited dwelling. Renter went to jail asked me to get clothes for him

Baby daddy asked me to gather personal stuff and bring to him the home owner posted an eviction notice for five days on day 2 of the 5 I went and was arrested because I didn't contact the home owner. I had permission by the renter. In the process my vehicle was also towed.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

More information is needed here however I strongly recommend you consult with a lawyer to discuss representing you on the criminal charges---as it sounds like you have defenses to the charges, which is a felony, and as such you should fight, and additionally, whether or not you have a civil action... View More

0 Answers | Asked in Real Estate Law and Libel & Slander for Florida on
Q: Trying to see if I have a legal standing to send a cease and desist letter

I have a friend/worker that is a independent stylist that works in my company. I have asked her many many times to please stop talking about me and my personal life inside the business and outside the business. She has told multiple clients in the salon about me and my wifes marital issues. I also... View More

0 Answers | Asked in Real Estate Law for South Carolina on
Q: Can a lawyer(buyer) change locks on house before giving seller their agreed money & charger $500 a day for your stuff

Locked out of house, belongings still there, and remaining agreed upon funds have not been given to seller. No final closing papers signed.

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: As 1/5 beneficiary of a Trust, does each person's distribution qualify for 1031 exchange if conducted as described?

2 parcels of land are assets of the Trust with 5 beneficiaries. Two of those are purchasing the 2 parcels. The other 3 are selling their interest shares to the 2 buyers. The non-buyers' distribution of Trust interest in both farms will be in a single closing of distribution and §1031... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 18, 2024

Generally speaking, inheritances are not taxable. Thus, a 1031 exchange would not apply to your inheritance under the trust.

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: Mother passed in 2022 I just found the quick claim deed she had drawn up giving me the house but she never filed it

With the court system and she didn't have a will and I'm the sole heir as I am the only surviving child of hers

James Blount Griffin
James Blount Griffin
answered on Nov 18, 2024

Is the deed signed, dated, and properly notarized (signed and stamped by notary public)?

If so, would anyone object to the deed's validity and claim that your mother did not actually deliver the deed to you as the new owner? Deeds need to be "signed, sealed, and delivered."

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: 33-324 ARTLA..What does this mean in easier terms?
Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.

1 Answer | Asked in Bankruptcy and Real Estate Law for Kansas on
Q: Do I have a case for Real Estate Agent fraud?

I hired an RE agent to sell the property, but no offers came before the FC date. I filed Chapter 13 BK to delay FC, planning to dismiss the case once an offer was accepted and sell the home to retain equity.

A week after filing, I received a low offer. To encourage the sale, my RE agent... View More

James L. Arrasmith
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answered on Nov 19, 2024

This situation suggests potential fraud, as your real estate agent appears to have misled you about returning the excess commission after bankruptcy dismissal. Their actions raise red flags - first offering a reduced commission, then suggesting an inflated one with promises of refunding the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I have paid off liens of my house and taxes for 15 years, solely. There are are 3 heirs. Do I have any rights?

My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: What are the steps I would need to take to convert a commercial space to a residential one?

I'm a first time home buyer, so I'm looking at options.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
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answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
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