Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... Read more »
Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... Read more »
The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... Read more »
First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against... Read more »
She is refusing to give half, is she able to do that?
By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... Read more »
The county had another company haul in gravel and pile it up on my personal lots and I knew nothing about it and now they want to lay claim to it
A Minnesota attorney could advise in the best manner, but your question remains open for three weeks. As a general rule in virtually any jurisdiction, the homeowner does not get a windfall from the mistake of the county or its contractor in such a situation. Most anywhere, the gravel would be... Read more »
The seller won't be at closing and pre-signed all paperwork but the title needs to be transferred to a trust without ever being put into the name of the buyer. It needs to go directly into a Trust. Can this be possible if the seller pre-signed?
If the seller has already signed the deed to the buyer, then no, not without having the seller sign a deed directly to the trust instead, and if you are going to do that, then there are other papers that will need to be signed and some redone as well. There needs to be an assignment of escrow from... Read more »
The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »
In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »
My niece is a first time home buyer and has had dealing with two disreputable realtors who manipulated her into signing lengthy contracts. The first released her from the contract via email, and the second refused to submit a bid on a desirable home until she signed a contract. She made it clear... Read more »
This does not sound like your problem; this sounds like your niece's problem. And since your niece's problem raises important contractual and legal questions that can injure your niece, I highly recommend that you tell your niece to consult with a real estate lawyer before she does... Read more »
Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.
My boyfriend (husband now) gave his apartment complex a 60 day written notice when he decided to move in with me after not living in the apartment for a couple months. it's been 3+ years and now I see on his credit report that he has been given over to a collection agency for delinquent... Read more »
You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and... Read more »
Talk to a lawyer about a partition action.
Have verbally agreed to a price to purchase raw land with lake frontage. To my knowledge there has never been any improvements or structures on the property and the land has been owned by the current owners for at least 50 years.
You can keep your fingers crossed and hope that nothing is irregular or you can have a title search conducted and find out for yourself.
Wife continued living in home still jointly owned; ex-husband remarried and owns a home in another state. Ex-husband is terminally ill and wants first wife to own joint home outright. He is concerned that current wife would inherit his share of Minnesota home, under Pennsylvania marital property... Read more »
A quit-claim deed or a warranty-deed would be the way to do it
Or will I be penalized in some way?
The terms of your contract should be able to provide you with the answer to that question.
Would this be a capital gains issue for my parents? I am thinking it is a $40k gain; still have 5 years on CFD.
Your parents still have legal title to the property. You should check the specific language of the contract to see what you can and cannot do, and what happens in any given scenario.
this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment
Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... Read more »
Both my ex-wife and I are on papers sent by law firm. So both need to sign. However, since divorce we both have different last names than what is on paper work sent by law firm representing time share. Is this an issue? If we do quit claim are we still required to pay $1800.
I imagine that you already have this wrapped up, but just in case I would usually recommend signing if you don't want to be owners anymore. You should not have to pay the $1800 unless it is stipulated in the cancellation agreement.
Now that the buyers have seen the covenants they want to cancel - will they get their earnest money back?
Those are documents that: a) a purchaser would typically take subject to; and b) are readily available in the public records; and c) would be swiftly disclosed as part of the title search. So I would be quite surprised if a purchaser would have grounds to cancel the contact based upon same.
The verbal agreement is it will be put in mine and my husbands name after some other debt was paid. Which it has. I'm now getting a divorce. Am I entitled to any equity?
You should have a lawyer help you with the divorce. At first blush, I would say that it is unlikely you will have a stake in the house. If your mother-in-law transferred the husband to your soon to be ex and you paid for part of that bargain, you may be able to make the argument but I would not... Read more »
I purchased a timeshare in Las Vegas with my wife, before we were married. She has since passed away. I no longer want the timeshare, but was told I cannot sell it or give it away because I need to find all of her potential heirs and have them release their claims on the property first. Is this... Read more »
The answer to this will likely have some state law issues that I could not answer. However, there are ways that an attorney could help you cancel this timeshare. I wrote an article for my state's bar publication last year that will have important information for you and your attorney. You can... Read more »
Friend died, son was awarded house by probate. I have been paying on it for the last 15 or so years, ready to pay it off, how do I get the son and my name on the deed? They were told and received documents on her death and the award to the son by probate.
You don't because the house is not yours. You will need the son to execute a deed (and voluntarily to boot) or maybe you satisfy requirements of adverse possession.
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.
