My mom was her power of attorney before she passed, she didn't have a written will but had verbally said the house would be mine when she passed. Can we write a deed on our own?
The Heirs At Law own the property as Tenants In Common. All Heirs must be Grantors on the proposed Deed. You may need an attorney to determine heirship.
Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.
You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.
not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you
From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.
The following is one example where real estate is in jeopardy of confiscation:
A foreign national who has been deported can have real estate confiscated if the property has been used for illicit purposes involving controlled substances and the person has been charged and convicted for... Read more »
No as it is the grantors who are conveying their estates. But the Deed must be delivered to the grantee, who also must accept it. These contractual requirements are often assumed until a legal problem arises. Sometimes grantees sign the valuation statements.
I purchased a piece of land from a widow who was the sole inheritor of the property. I prepared the deed myself and did not list her marital status on the deed. I am now trying to sell it through a title company and they said that, according to Arkansas law, her marital status must be listed on the... Read more »
Sell it to someone else with another Deed or change the Deed you already drafted. You probably need an attorney and list it with an agent.
My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »
You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »
The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.
Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.
Im buying a property with tenants that still have several months left in the previous owners lease agreement. Can I void that agreement with my own, or do I have to honor all the parameters of the previous owners lease?
As the new owner, you will be required to honor the existing lease agreements. Review the existing lease agreements. They may contain language which will enable you to terminate them early. If they don't, then you will likely be required to honor them until the end of the lease term.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »
Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »
I’m assuming that there is no way to back out of selling but I’m unclear as to whether their are legal ramifications of not buying a home. We did not put up earnest money and there’s not a specific reason except I don’t feel like it’s the right house for our family right now. I’m very... Read more »
An Arkansas attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law NATIONWIDE, one could face monetary damages in backing out without valid justification. Such damages could be addressed in the contract of sale. You should consider consulting... Read more »
It will be a cash sale just seems risky without a title company or even a deed
A deed is the document that shows ownership of real estate.
Does a prenup help with that if she won’t sign? We are in Arkansas
If the property is titled in your Father's name, he can convey to you by Deed. The marital status may or may not cloud your title, but he can still execute and deliver a Deed. Get a competent attorney to search the title and draft an enforceable Deed. What you may be worried about is... Read more »
If there is enough equity in the home to justify a sale, then you will have to file an Action for a Partition Sale. Hire a competent attorney.
Hire a competent attorney for a consultation on what you need to do as an adverse possessor. You will be taking a large risk, but you might take ownership of valuable property. Taxes will also be important. And adverse possession usually only involves what you actually possess, unless you... Read more »
There was no Will.
More than likely the heirs at law own the property. That would be the Surviving Spouse and the Children as Tenants In Common. You could file an Affidavit of Heirship to record to the World what your alls source of title is. It would be better to hire a competent attorney to advise you.
She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will
First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »
Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are
Your grandmother’s will shall determines who inherits the real estate.
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