Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?
answered on Sep 3, 2019
Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.
If you have additional questions, feel free to contact... View More 
Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids.... View More
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answered on Aug 14, 2019
You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... View More
The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... View More
answered on Jul 26, 2019
Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... View More
I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.
answered on Jun 20, 2019
If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.
The amount of time you remain in the property is entirely set by the court. There is no '30 days to get out.'
answered on Jun 20, 2019
A landlord can move for eviction as soon as you are in violation of the lease agreement. This can be for many reasons but the most common reason for a landlord to file for an eviction is due to late rent. In Indiana a landlord has to post a notice to quit premises or pay giving the renter 10 days... View More
My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.
answered on Jun 19, 2019
This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in... View More
I have been a tenant for 2 years in this house. I was not planning to buy a house soon, so I agreed to renew my lease when the agency asked for signing a renewal in Nov 2018. Meanwhile, an opportunity arose to buy a house and I promptly gave notice to the agency that I was planning to leave by July... View More
answered on May 8, 2019
If the new lease you signed in November does not start until July 25, signing the release agreement NOW will give the landlord almost 3 months to find a new tenant. The case law requires all landlords to make a reasonable effort to locate a new tenant in order to "mitigate" their... View More
This is a domestic violence situation. My landlord wants to evict me because of the situation.
answered on May 7, 2019
Wait until he goes out for something he needs and then change the locks.
When the new owners take possession? I’m not late never have been .
answered on Apr 30, 2019
If your landlord has sold the house, you will have to sign a new lease with the new owners since your original lease agreement is with the previous owner. If the new owners do not wish to keep you in the house they will not sign a new lease agreement with you and you will be forced to leave if you... View More
Buyer asked me move right away how much time does he have to give me
answered on Apr 9, 2019
Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet... View More
I completed a purchase agreement with a private seller to purchase an empty lot of land in Indianapolis. All of the title work is complete and checks out, but the seller cancelled the day of the closing. They have since been avoiding our calls and stalling for the last few months.
The... View More
answered on Mar 26, 2019
Unless there is liquidated damages written in the contract, the only recourse you have is to recover any earnest money that you put down when you made the offer.
We have a niece that has lived in our home for11months and doesn't pay to live there ask to leave and will not
answered on Feb 24, 2019
This really depends on the state. Each state has different requirements.
I am behind on payments and the seller wants to enforce foreclosure laws of their state. They were included in our contract.
answered on Feb 24, 2019
You are bound by the laws where the property is located.
Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... View More
answered on Feb 7, 2019
Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... View More
and you can see light through the roof do we have any options my husband is on ssd
answered on Jan 14, 2019
It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your... View More
My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... View More
answered on Jan 10, 2019
Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.
We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... View More
answered on Jan 8, 2019
Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property... View More
answered on Jan 8, 2019
I assume that in asking this that the 8th sibling does not wish to sell.
There are a number of routes you could take to sell the property or get the sibling on board.
You could petition a court to partition the property.
You and your other siblings could buy out the 8th... View More
Never received any court papers or eviction notice. Been tenant for 3 years. Original landlords had passed and home went to their son. He said we would just keep it month to month per the lease.
answered on Jan 8, 2019
You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask... View More
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