What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?
You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior...Read more »
Legal Descriptions give the angular calls and distances between corners of the property, or may be lot reference to a certain lot on a recorded subdivision plat, which then shows angles and boundary lengths for all lots. Some places use the rangeship/ township method of describing a certain parcel...Read more »
Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.
No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.
First, hire a registered contractor to look...Read more »
Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you...Read more »
One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?
First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember...Read more »
The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her...Read more »
If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.
A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?
This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way...Read more »
My electric bill is triple my neighbors. I have lived here for 5 years. My landlord has never mentioned that I pay for a shared utility. This has just come to light when I had an electrician come check to see why my electric bill was so high. Upon further examination a plumber became involved... Read more »
It is unclear what expense is shared, and what is due to the leak. If the pump is not yours, you may have a case of theft of utilities against the person who wired it on your service. This may require more investigation and perhaps professional legal representation. Once you have all of the...Read more »
I have 2 tenants on a week to week lease. They're 1 wk behind. They are asking that the late week that was paid 6 days late be carry forward as if they slipped a week until they can pay that skipped week in 2 weeks instead of adding the rent payment they give me each week to the previous week.... Read more »
The offer-er is the master of their offer and you are free to come to whatever arrangements you like. I might suggest you set a deadline for the late fee waiver to give them some incentive to catch up.
If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.
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