The property I live on was purchased by my mother from my grandmother a few years later my grandmother wanted everything out of her name and she transferred ownership to my brother who resides in Ohio hasn't lived in Alabama for many many years back in another section of property he has 10... Read more »
Once you signed the Lease, you acknowledged you were not the owner. Once the Lease expires, and no monthly rental is paid but you pay taxes for several, several years, you might have a defense to his seeking possession. He would be force to file an Ejectment action, and then you defend with...Read more »
You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that...Read more »
I am so sorry for your loss. You most likely need to go see a probate attorney who can help you with your husband's estate. It is especially important to complete the probate process where real property is involved in order to avoid issues with title later down the road. I would be happy to...Read more »
Equitable Conversion takes place such that it is an enforceable Contract against the seller's successors in interest. It does complicate the title as the grantors' source of title must be determined and placed in the Deed's derivation of title clause. A Probate may complicate...Read more »
The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.
I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.
I have already paid to have the foundation repaired; some of the joists weren't even supporting the house. I paid to have the roof repaired because the shingles on the back room were put on backwards. There are holes in the wall that were covered by tape which were painted over (latex over... Read more »
As you stated you purchased the home in "as is" condition, so it is doubtful you would have recourse against the seller. Without having everything in front of me, the only option I could imagine against the seller would be if the seller mislead you as to the condition of the home. Alabama...Read more »
The term is "Quitclaim". And it sounds like you're about to make a mess of your title. I strongly encourage you to seek a paid consultation with an experienced real estate attorney who can help you accomplish your goals.
The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »
I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?
Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be...Read more »
My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »
There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that...Read more »
There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.
Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.
Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.
My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »
You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines...Read more »
Unless the Heirs can come to an agreement to sell or deed it among themselves, that sounds like a classic Partition Action. You will need a competent attorney to search the title, determine heirship, and then file (and serve) a Petition for a Sale for Partition on all interested parties. The...Read more »
were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... Read more »
Sometimes yes, as on occasion the Creditor goes after the real property of the Decedent Judgment Debtor that went to the Heirs at death. Hopefully there there will be a convenient SOL curing title in the Heirs. You will need a very competent Alabama attorney to check the Probate, Intestacy and...Read more »
My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... Read more »
To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time...Read more »
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