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answered on Nov 24, 2023
If the recorded Restrictions and/or Master Deed do not address such a vote, a Declaratory Judgment Action may be necessary in Chancery.
answered on Nov 16, 2023
A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More 
My previous lease reverted to month to month upon expiration. The owner is insisting on 60 day notice as is required under the terms of the previous lease.
We own a house. Unfortunately a tenant committed suicide there.Then it was on rent for 8 years.Now we want to sell the house .is it a offense, not telling the fact about suicide happened before to the buyer?
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answered on Nov 17, 2023
In Tennessee, the law does not typically require sellers to disclose deaths, including suicides, that occurred on a property. The state's real estate disclosure laws focus mainly on material defects affecting the property's physical condition or value.
Since a past suicide is... View More
The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.
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answered on Nov 15, 2023
That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.
The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.
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answered on Nov 13, 2023
Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More
Thy never come and ask in this 45 years now his wife and son started asking we don't want to give we are to pay thy want only property share so how to handle
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answered on Nov 18, 2023
In Tennessee, if the property belongs to your father and his brother, it's crucial to understand how the property is titled and whether there's a will or estate plan in place. If the property was owned jointly with rights of survivorship, it would automatically pass to the surviving owner... View More
Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More
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answered on Nov 8, 2023
If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.
Hoa docs are 15 years old.
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answered on Nov 13, 2023
You could file suit for a declaratory judgment, but the HOA will probably win.
(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More
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answered on Nov 9, 2023
Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More
I got a letter today from Medicare for signing to see if she owned on any bills since she was in nursing home since 2020 and a copy of death certificate. I have profound hearing loss was on a disability check until I got married in 2020. My dad and her signed property over to me in 2016. Only thing... View More
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answered on Nov 6, 2023
It is very uncommon for any living individual to be personally liable for the debts of a deceased person. However, the creditors of a decedent may make claims against the decedent’s estate.
It is extremely uncommon, also, for a decedent to owe money to Medicare. More likely, Medicare... View More
This is what we are being told. This property is less then 2 acres. There was previously a house on it which caught fire and is not salvageable. At one point we were told the grandmother left the property and all on it to a grandchild. The power of attorney is trying to selling it as an individual,... View More
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answered on Nov 1, 2023
That conveyance would not be enforceable. Hire an attorney to search the title and determine ownership. Seller needs their own attorney to get Court authorization for sale of property of a minor. POA means nothing.
Drive way is plated
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answered on Oct 31, 2023
You have a Boundary Dispute. You will need a good attorney to search both titles and file suit in Chancery. The surveyor of the plat will have to be your witness.
This realtor is on the HOA board and voted in favor of a $10000.00 fee to be imposed prior to any build.
The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More
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answered on Oct 26, 2023
Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More
Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More
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answered on Oct 22, 2023
I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.
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answered on Oct 18, 2023
Hire a competent attorney to search the title and examine the documents.
My wife's uncle told us that we could do whatever we want with a piece of property and put us a home on it. I do A LOT of work on the property. And then my wife was told that he was informed that he had already told someone else that they could have the property. Is there anything I can do... View More
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answered on Oct 6, 2023
You set yourself up for this to happen, and as always, it did. A good lawyer might file an equitable action in Chancery for a lien for the benefit conferred. If there was any kind of contract, then a mechanic's lien might be filed, but you must also be ready to sue for enforcement a few... View More
Buyer and seller reached a written agreement. Financing and all other contingencies had been removed. The day before closing, buyer said he had simply changed his mind and refused to close. Property went back on the market. Had selling agent earned his fee?
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answered on Oct 3, 2023
Typically, the terms of the listing agreement between the seller and the agent dictate when a commission is earned. Many listing agreements state that a commission is earned if the agent produces a ready, willing, and able buyer, even if the sale doesn't close due to no fault of the agent. If... View More
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
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