Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

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answered on May 12, 2021

Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.

Regardless of how you accomplish the transfer, this will... View More

You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.

If your mother died in Ohio, then Ohio law controls and this board would not be able to answer your question unless someone on here is licensed in both states.

When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2021

I recommend a competent attorney to prosecute a Sale For Partition Action as soon as possible. Such a Case is usually complex and there is no room for error.

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... View More

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all... View More

In California, one co-owner of a property can force another co-owner to sell by bringing a civil lawsuit for "partition." If the dead clearly shows that you both are co-owners of the property together and there is no dispute about that, then her right to partition is nearly absolute.... View More

I see that you are posting from NV, but in NC, is this correct? If not, you may be getting incorrect advice.

What you should do depends on whether or not you have signed a contract with the builder. If you have a contract in place, then I suggest you demand performance under the contract.... View More

You need to talk to the administrator, it is their responsibility to transfer ownership of the vehicles to the heirs. If you do not want to go through the hassle you can leave them there and let the new owner deal with the problem.

You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any... View More

depends on what they are trying to evict you for, the only evictions that cannot happen right now are for non-payment of rent or fees. If they are evicting you based on the theory that your lease term expired then yes you can be evicted.

I notice that you are in Chicago; if the property is in NC, then this forum is the correct place, but if not, you will likely need to post it in the state where the property is located.

If the property is in NC, any lawyer can do this, but real estate attorneys have more experience in the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... View More

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

Generally yes, I would have to review the lease to see it in context but I frequently write that into leases I draft.