In Delaware, the statute of limitations for filing a civil lawsuit regarding real estate fraud is typically three years from the date the fraud was discovered or should have been discovered. This means you have three years to initiate legal action from the time you become aware of the false...View More
There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a...View More
Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More
Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,...View More
I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.
Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.
If you are the grantee on a Deed then you own some interest or the Fee Simple Absolute Estate in the real property. The Mortgage/Deed of Trust is a recorded security instrument against the land, securing the repayment of the Note. If you own it, then it is SUBJECT TO THE Mortgage. But unless...View More
It is impossible for anyone to find out if a Realtor is withholding offers, much less find out how long and the reason why. Think this all the way through: It could very well be that the seller has made it clear they will not accept any "low-ball" offers; and so the Realtor may be holding...View More
State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have... View More
If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to...View More
If you are in the business of buying homes and selling them, then you should be willing to have a full discussion with an attorney in Ohio about what you are asking. There should not be a time limit on this, in my opinion.
We built a house on my in-laws land. All 4 of our names are on the land deed, but we own the house - their names aren't on it. If we want to sell and they won't sign off on the land, what are our options?
The seller and I already agreed to price. There is no other place on this land for another driveway. Can a neighboring property owner not allow me access to this house? Property I am buying has had the use of this driveway as long as anyone in town (Bridgeville) has known. Neighboring house has... View More
When you buy a house in Delaware, you are required to have an attorney. Your attorney will do a title search and obtain a survey. Your questions can best be answered after the title search and survey are completed. Your attorney will be able to answer your question at that time. Good luck.
We have common property, basicly a huge grassy lot with a big boulder and a tree. For years the kids have been climbing on both but I received a phone call from the "board" telling me my children can't climb on the tree because its common property and if they got hurt they would be... View More
You use the abbreviation HOA, but it sounds like you are dealing with a maintenance corporation rather than a homeowner's association. An attorney will have to review the deed restrictions for your community, but I can tell you that maintenance corporations carry liability insurance in case...View More
Based on the limited information you have given, it appears that your account is suggesting that you set up a trust and transfer ownership of the house to the trust, with the account serving as trustee. However, the best advice would be to ask the accountant for more information.
When a surviving spouse has a life estate in a house, there are other heirs who own what's referred to as a remainder interest. This means that these heirs become the sole owners once the spouse with the life estate dies. For this reason, a bank or mortgage company will not allow a spouse with...View More
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