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My grandparents deeded land to their children (10) of them when they passed. Now one of the siblings (uncle) wants to give his "part" of the land to his son.
My uncle insists that because the land is in the name of all 10 siblings that my father has to notarize paperwork for my... View More 
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answered on Sep 11, 2020
If the Parents deeded the land to the Children then each probably took a 1/10th undivided interest as a tenant in common. But if they did not convey by deed, then intestate succession controls and the heirs at law took 1/10th interests as TIC, which may or may not be only the Children. Hire a... View More
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answered on Sep 4, 2020
Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... View More
It hasn't been took care of and I am afraid codes will fine me for not mowing property. Abandoned home in the neighborhood.
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answered on Sep 3, 2020
You have not stated what estate you and the Deceased owned (tenants in common, life estate/remainder, etc.). The Deceased's Heirs own his share, if any. Did he have issue? If so, they are tenants with you. What about your Parents? You probably need a competent attorney to record an... View More
answered on Aug 27, 2020
Yes, your son is not required to take ownership of the timeshare. I recommend speaking with a local attorney on how to do this.
There is a court document where my Mom is a petitioner and is listed as my Dad's widow. The remaining heir property was divided equally amongst all of my Dad's siblings and their spouses. My Mom wants to give me her share, but I have other siblings. Is she legally able to sign... View More
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answered on Aug 18, 2020
She probably owns either 1/2 or 1/3. You need an attorney to perform a title search and draft that Deed. And you will need the all heirs-at- law to convey their interests to you. An Affidavit of Heirship should probably be recorded which serves as the source of title for the Deed.
We have contract to purchase on property
Tenant refuses to vacate; Lease has been terminated as of July 31. Tenant was given notice of termination of lease June 15. Lease is a Month to Month
We have started eviction process. Have court date for Sept 4. We are supposed to close... View More
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answered on Aug 14, 2020
The title co. is wrong. That tenant has possession, until you get the Court to take that possession away. Either put off the closing or find another buyer. It appears that you agreed to sell the property a little too soon.
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answered on Aug 12, 2020
Certainly. The titled owner may have been conveyed the property subject to the mortgage. He would not be personally obligated on the note, but the land stands as security for the loan.
My husband died in June and taxes came out in August.
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answered on Aug 6, 2020
If you are the remainderman, then you are the sole titled owner. It would then be your responsibility to pay taxes, but the property stands for the county taxes and is not the owner's personal obligation. It is in rem, so if taxes are not paid the County sells the property and does not sue you.
answered on Aug 5, 2020
It’s tough to answer this question without more information. What is your role in the transaction? Are you the seller? Are you the buyer? Is the contract expiring for reasons out of your control?
Look to your contract to see what the terms are and when people are entitled to certain payments.
1. Shared property with 2 other siblings (now 1 remaing)
2. His portion of the house was given to ex as part of divorce. Need to verify if that was legally transferred.
3. Deceased sibling has medicaid attempting to reclaim
4. FiL has potential IRS Lien on property... View More
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answered on Aug 3, 2020
Probate would be giving the house to creditors. Hire a competent attorney to conduct a title search, then draft and record an Affidavit of Heirship. The Heirs take as Tenants In Common subject to the liens and debts. But there are SOL's for execution of such liens, which can expire,... View More
She had not finished paying off the property. Wife is not listed on the lease and there is no will. We do not want the property and are not seeking anything other than to return the property to the owner. Does my wife have any obligations as the next-of-kin and only child?
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answered on Jul 23, 2020
The Lease With Option To Purchase should be void. Do not file Probate unless there is a very good reason, as the landlord will file a Claim Against the Estate. To be careful, hire an attorney to conduct a title search to make sure about the Lease. Sometimes those Contracts are recorded, and... View More
The discount was included in two different quotes but nothing was signed because I was waiting for a specific lot to become available.
answered on Jul 18, 2020
If you feel as if they are playing you before you sign the contract then this may be a perfectly good reason to not sign the contract.
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answered on Jul 12, 2020
A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.
However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.
My tenant in common owner died with no family and no heirs. Im assuming the state took back her half of the property. What do I do if I want to sell the house but the title isn’t clear because of this?
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answered on Jul 6, 2020
I recommend you start looking for the Decedent's Heirs At Law. Somewhere, somehow, there will be some. If necessary hire a private detective. Then have a competent attorney draft an Affidavit of Heirship and a Quit Claim Deed. Pay that far off Heir a small amount to execute both... View More
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
answered on Jun 29, 2020
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... View More
To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?
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answered on Jun 23, 2020
If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either... View More
A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... View More
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answered on Jun 16, 2020
Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor... View More
My wife and I, along with another person, are owners of a rental house. The other person worked for me at the time of purchase (about 15 - 20 years ago) as a maintenance man. Shortly after the purchase, he left my employment and never contributed to the upkeep of the property. I was wanting to sell... View More
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answered on Jun 15, 2020
You may be able to file an Action For a Sale For Partition. The Court might appoint a Guardian Ad Litem to represent the unknown heirs. But you really need to hunt down the Decedent's Heirs yourself and get them to convey their interests to you by Quit Claim Deed. A good attorney and... View More
I used to own the home that belonged to my great grandfather and then my grand parents where i grew up. A piece of the structure was used to make siding from a piece a wood that was the property of the US Coast Gaurd where my great grandfather was employed in the life saving service. The sign was... View More
answered on Jun 15, 2020
Unfortunately, when the home was sold, the buyer purchased the home and the land, and it therefore legally belongs to the buyer.
Can I sue my brother for what I pay towards upkeep of the property? Meaning I pay his half as well as mine. Can I get a lien against him? Can I take the property once the amount he owes reaches half the taxable value? He has always had a major drug problem, he is a sex offender and has done a few... View More
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answered on Jun 10, 2020
Most likely an Action for a Sale for Partition is the best if not only course of action.
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