Get free answers to your Real Estate Law legal questions from lawyers in your area.
I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More 
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answered on Nov 12, 2024
The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More
I have customer that has purchased Real Estate through an IRA. We have not had contact in several years, she is over the age of 73. What/how would we go about escheating this account?
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answered on Sep 30, 2024
When dealing with an unclaimed IRA holding real estate, you'll first need to verify if the account holder is truly unreachable and has not been responsive. Check the last known contact details and send formal notices. If no response is received, you may need to follow the unclaimed property... View More
Can we leave all the stuff in the house and let it go back to the bank?
answered on Jun 26, 2024
Hello,
Thank you for the inquiry. Generally under SDCL 29A-3-703, a personal representative (aka executor) of an estate in South Dakota has a fiduciary duty to preserve the assets and act in the best interest of the estate. It is difficult to know how this may apply to your specific... View More
I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?
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answered on Jan 10, 2024
In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More
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answered on Jan 25, 2023
You will need to hire a competent SD attorney to search the title and determine ownership first. Then decide if Probate is needed.
Landlords can't charge for ESA. In the contract it states if there's damages at the end of the year we pay for pee test(black light), carpet cleaning, and ventilation system cleaning. It's a really expensive bill. Our landlords are a wife and husband. They're shady and... View More
answered on Sep 9, 2021
A South Dakota attorney should advise, but your question remains open for four weeks. You could try reposting and adding Landlord-Tenant as a category. There's no guarantee that all questions are ultimately picked up, but you might have better chances of a reply in that category. You could... View More
We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you
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answered on Jan 11, 2021
You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the... View More
Then I want him to sell me the house to me for $1. Problems
Is there a tax problem based on the real value of the property?
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