House sold "as is" with clause initialed by buyer and sellers. Disclosure of basement leaks/repairs made on standard real estate form for sellers. Now, there is a new leak. Buyer wants more money. Says neighbor told her leaks were common occurrence which isn't correct.
I co-own, along with my wife and son, a 1.8 ac lot in Dawson County, Lot 1 of 6 lots that originally comprised 12.2 ac, subdivided by a development company that was subsequently dissolved in 2015. We purchased the lot in April 2020, with the intention that my son would locate his residence there.... Read more »
Live in Atlanta, Fulton County, 30324. Have a condo for 15 years, 15 left to go. The servicer on my mortgage has just changed and I've discovered that the ZIP code on my mortgage documents is wrong - it's listed as 30304 when it should be 30324. What should I do to have it corrected and... Read more »
Unless there is an actual problem, I recommend that you do nothing. There are multiple ways to corroborate the documents to your property. For example property description, the rest of the address, your name, the seller's name, previous documents in the clerk's file with the correct zip code.
We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?
Yes as both the Executor and her her attorney are probably entitled to administrative and fiduciary fees. You might object when the Court is moved to order payment of professional fees. Talk to your own lawyer about the Estate.
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to...Read more »
Hire a competent attorney to search the title. You have not given the exact estate created, but all conditions, reverters, etc. cannot violate the Rule Against Perpetuities. You may have to file a Quiet Title/Declaratory Judgment action to clear the title for sale.
A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... Read more »
You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.
mentioned in the will would be handled legally by me. He lost 2 of his tax records in a flood and died before I realized that those properties weren't included on the will. Now my attorney is telling me I have to contact his siblings and their children inorder to GIFT the properties to whom... Read more »
It sounds as though you are working with an attorney. That person has all the details of your case, so it would probably be a good idea to take the person’s advice. If you don’t feel that you are getting good guidance with that attorney then you may want to see about working with a new one....Read more »
The attorney-in-fact is a fiduciary for his principal. Anything he does must be for the benefit of her. Conveying the property to himself is presumptively fraudulent. Family Members may wish to put her into a Conservatorship, or get a competent attorney to do some Estate Planning now by Deed.
^ kids are still a living but no one agrees to probate a will so she has been living there and paying taxes and taking care of the place since her mother died. She has always lived at the property and took care of her mother since the 70's
Not sure of your question. Wills mean nothing unless Probated. It is impossible for one tenant in common to adversely possess against the other tenants in common. But paying taxes exclusively gives her a right to reimbursement. You may wish to file a Partition Action.
State of ga. Landlord not notified until day of court Dispute over quit claim deed h
recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.
There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold
I was buying a mobile home and land from a private owner. I filed chapter 13 bankruptcy but I relinquished the home and land To the owner. This was in 2014. The land and home are both still in my name. Do I have any rights to this property?
What do you mean by "relinquished the home and land to the owner"? Did you convey by deed or allow a foreclosure to occur? The Trustee may or may not have abandoned the property in the 13, which needs to be checked. You will have to determine what happened in the BR, especially if...Read more »
Lease states you’re responsible for any damage they do and specifically list blinds(indoor item). My landlord will not allow my dog inside and forces me to keep her out side in extreme heat and she can only be inside if it’s below freezing. Is there not a law against leaving dogs outside when... Read more »
Generally, no, most states don’t have laws about keeping dogs inside Unless the temperatures are extreme because dogs are property in most states. And because you signed a lease, you’re kind of stuck with the terms. Can you give your dog to a friend or family member during the day so he/she can...Read more »
You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.
Hire a competent Missouri attorney to: search the Title; determine Heirship; prepare and record an Affidavit of Heirship; and then draft a Quit Claim Deed for most of the Heirs to convey their interests over to whatever Heirs want the property. The Affidavit should be one of your...Read more »
You file against the legal corporate name, listing their principal office address. You serve it through the Registered Agent. But keep in mind that when you sue, the Defendant will probably evict you. And hopefully you have some idea of where to execute a prospective Judgment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.