The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »
I am sorry for the loss of your father.
This question was posted in Nevada but it seems the land is in North Carolina. So Nevada law will probably not be as helpful. You may want to repost to North Carolina attorneys.
In Nevada you file in court to establish your rights to the... Read more »
Title
Unless there is an agreement amongst the three owners, there is no deal as all will not convey title. If there is a Partition Action, the Court will probably pay off the debt and expenses first, and then divide the proceeds three ways. The third party is probably a tenant in common on the... Read more »
Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »
Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »
His assets are a house worth near $300,000 and a car that are solely in his name. However, his sister is in possession of and claims he bought for her. Is my husband entitled to half of these assets? Will this have to be settled in probate court? Is there any instance she would be awarded... Read more »
You need to hire a Nevada probate attorney to help you probate your father’s estate according to his will. It sounds like that process hasn’t even begun. If it has begun, then you need to hire a probate attorney to protect your rights.
My mother passed away in 2007. My grandfather recently passed away and my brother and I were told by our aunt and uncle that we were removed from his will because our mother died however his home went into probate. She has been trying so hard to get my brother and I to sign waivers and we are not... Read more »
This question cannot be answered without more information. Do yourself a huge favor and schedule a consultation with a probate attorney in the vicinity of where the probate is taking place. Do not delay. There are important deadlines that you do not want to miss.
My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, that they would put the land in mine and my sibling's name. There was no written contract or clause in their divorce about this land. Now he is stating that he only agreed to give my brother... Read more »
Unless there is some contract, she cannot force him to convey out. Examine the divorce decree carefully. In all likelihood the Mother's only recourse is to file an action for Partition. But even that does not put anything in your name as basically you have no legal standing.
It was auctioned off because they owed back space rent can I press fraud charges on them in Nevada
For fraud or any other suit against the seller it will depend on your contract or agreement.
If you do not have a written contract or agreement then you can still file a case but it becomes a he said/ she argument that can be hard to prove.
To file a suit against someone you need to... Read more »
My mom quitclaimed her fully paid house to me a year ago and has just passed away yesterday. I have a brother who my mom has no communication with trying to step in on the property. Does he have a chance?
Hire a competent attorney to perform a title search. He should be able to tell you what estate you have, and whether your Mother's creditors or heirs might be able to reach her real property. Hopefully your Quit Claim Deed says what you think. If so, he will not be able to eject you.
My wife an I r retired living off SS and my pension,timeshare is paid in full but we can’t afford maintenance
Thx
It depends on the contract, but they almost never will even if it is an option for them. Rather, they'll foreclose and take the timeshare back into their inventory should you fall behind on maintenance fees. I recommend reaching out to the timeshare company and offering to deed or return the... Read more »
if a new property was purchassed
Generally property that is not specifically devised or bequeathed in a Will is passed to the designated beneficiaries of the residuary clause of the Will. A testator's acquiring and conveying land or personal properties during his life does not void the previously made Will.
Brother (co-owner) has lived there 7 years rent free, with no desire to sell. what are my options?
Responding from New York perspective, you would bring what is referred to as in action in partition. This would force the sale if you and The co-owner cannot come to terms.
Not if you know how to properly do it yourself.
My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... Read more »
Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... Read more »
Home owners insurance company stated that it is not an emergency to have no running hot water for five days and a two year old in the house. That because it's a plumbing issue even though in they're policy it states otherwise.
I'm sorry for your ordeal with a baby in the house. You could review the policy with a Nevada attorney, but if it is similar to most homeowner policies, the circumstances you describe might not be covered. Every policy is different and without seeing your policy, it's difficult to guess... Read more »
I live in a Common Interest Community; and have been accused of putting materials [such a paint, drywall, construction materials, etc...] down the drain. There was damage to their bathroom with this stuff coming up out of their drain. The plumbing is shared between mine and the neighboring unit. I... Read more »
I'm sorry for your difficult situation. You could ask to see the report and conclusions of the plumber whose determination is used to establish liability. If those findings are against you, you could consider the option of contacting a plumber of your own for a second opinion. If some sort of... Read more »
I purchased my home 2 years ago. I filed chapter 7 5 years ago. One of the judgements I filed on has put a lien on my home I purchased years after my bankruptcy and now it’s holding up the sale of my house. How do I get rid of it?
Provide the judgment creditor proof that the debt was discharged in bankruptcy.
I know that the the company has a standard contract that they will not change. I also know that the builder has a very good consumer affairs rating. The state where I currently live requires an attorney for real estate deals, but Nevada does not. I do not know if it will change anything to have an... Read more »
If you feel confident in putting your entire trust and faith in the person on the other side of the deal, that then becomes a personal decision on your part. Also, is the builder being represented by an attorney?
And now is selling all his stuff. There is no will, im an only child and he was never married so I should be in charge of his property, belongings, etc. yet the cops won't help me cuz of "squatters rights". I live in ID so it makes it difficult. I can't afford an attorney what am I supposed to do?
Hire a probate attorney near where your dad lived. The estate pays the legal fees.
I am renting and had no idea I was moving into an hoa area
Yes, HOAs can restrict that--and a lot of other things too.
Be sure to be at the auction and prepared to bid, the lowest of which will include all the costs of staging the auction, which is why they will not just take the lesser amount you owed before it went under.
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