Kim Ebert's answer Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Regina Irene Edwards' answer You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
P. Justin Thrailkill's answer You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...
Thomas A. Grossman's answer I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
Regina Irene Edwards' answer You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.
Robert W. Hughes Jr.'s answer You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.
P. Justin Thrailkill's answer You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.
Gary Kollin's answer Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."
I am also providing you the link. This is not a definition according to Georgia statutory and case law.
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon...
John W. Chambers Jr's answer I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response does not constitute legal advice and does not establish an attorney client relationship between us.
Ben F Meek III's answer I understand your situation to be this: Your husband and his late mother are the Grantees in the Deed to the property you both live in. If your husband and his mother are shown on the Deed as owning the property as "Joint Tenants with Right of Survivorship" or closely similar language, all your husband may need to do is complete and record an Affidavit of Termination of Joint Tenancy or whatever the state calls their version of such a document. In it, the surviving Joint Tenant swears under...
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