The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?
To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... Read more »
She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... Read more »
If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.
How do we get authority to sell and do we need to go through probate if there is not a will in place?
A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... Read more »
My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... Read more »
Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.
I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... Read more »
In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing... Read more »
Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... Read more »
If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.
If your sibling insists that you pay for half of the... Read more »
I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.
Yes. As a matter of fact I have a bridge in New York City I would like to sell you.
On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.
I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... Read more »
Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »
You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.
I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.
The parents have property in another country. It is the only property in their name and they donated it to 1 child excluded the others. Is this valid in Hawaii laws?
If the real property is in another country, the real property is probably governed by the laws of that country. Owners of property can generally give or sell real property to anyone they want. If it is a case of a child using "undue influence" to "force" parents to give... Read more »
Only rarely.
How can I claim it?
Although we now associate the word patent with the world of inventions as those with a patent given by a government can exclude others from making, using, selling, or offering to sell something covered by the patent rights -- the term patent was used more broadly in earlier times.
Letters... Read more »
And, if you can give me the law, how can I get access to read it?
This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?
asbestos "popcorn" on the ceiling. What is the seller's obligation under hawaii law?
Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the... Read more »
what are seller's liability now that I recently discovered asbestos in the "popcorn" ceiling material?
Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.
Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... Read more »
The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... Read more »
And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.
If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.
Does the executor of the will need to sign forms so the remaining spouse can get a reverse mortgage? Does this make the original will of the spouse that died first null? Does this mean that the heirs of the spouse that died first will not inherit after the property sale?
It they owned the property as joint tenants with right of survivorship, the property passed to the surviving spouse by operation of law. So no,, the executor has no say in the matter. The will is not void, but the property doesn't pass by the will. And yes, the heirs named in the will get... Read more »
For the suit to be effective against you, you must be a party to the mortgage loan agreement in some capacity. Alternatively, the suit may apply to you as the executor of your father's estate, if you hold that position. I would need some more details in order to answer your question better.
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