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so this house we are at theirs george and mark and mark has said many times that he wants to sell the house but he has gone to a mental health court so george thinks that because of that he cant legally sell the house because hes not mentally capable of making his own decisions but legally he hasnt... View More 
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answered on Aug 26, 2020
You might start the process by filing an action for Partition, assuming you are one of the owners. The Court may or may not appoint a Guardian for the disabled owner.
She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.
My father told us girls that we would get his property when he passed away.
She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... View More
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answered on Aug 4, 2020
As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.
Didn't know about this loan until we tried to refi....thanks
answered on Aug 1, 2020
No. You can reopen and add the second as long as it was incurred prepetition.
answered on Jul 27, 2020
Yes, a tenant owes rent for everyday they are in possession of the premises.
My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.
answered on Jul 9, 2020
No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... View More
If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... View More
answered on Jul 5, 2020
This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... View More
utilities will go to a "ratio Utility Billing System" so the notice shows no charge amount for the water/sewage/garbage. Is this legal? I don't know what my cost would be
answered on Jun 8, 2020
It is legal for a landlord to bill back their tenants for utilities that the landlord pays in a lump sum, such as water, sewer, and trash in many/most apartment complexes. BUT there are a slew of regulations that the landlord must comply with in doing so, including providing the information in a... View More
We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens
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answered on May 25, 2020
Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In... View More
The lease would go from 5/31/2020 to 6/1/2021. I am nervous to sign because of all the economic uncertainty.
answered on May 13, 2020
You are never required to sign any document, let alone a year long lease. However, if you elect not to, you may subject to whatever termination procedures are listed in your current lease. Different leases handle the topic differently - some just expire on the termination date, you are expected... View More
My rent was raised 4 months ago
answered on May 12, 2020
If you are on a month-to-month tenancy, then yes, new owner can raise rent with at least 90 days prior written notice as long as they don't raise it more than a total of 9.9% over what it was 12 months ago.
Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... View More
answered on May 12, 2020
Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... View More
I have lived in the same rental home for going on 6 years now in the state of Oregon.
Recently I was notified that the property owner “landlord” is selling the home in which I rent.
My landlord has had relators and photographers come into the home while taking no precautions... View More
answered on May 6, 2020
A landlord has to provide at least 24 hrs notice of intent to enter, be it to show to prospective buyers or any other non true emergency reason. The tenant is free to simply say no. If the landlord enters anyway, the tenant may be entitled to recover a month's rent in damages and/or a court... View More
Our lease expires July 1st, and he just sent us an email 3 days ago saying that he's not going to be renewing our lease and he expects us to be out by the date of expiration. We have been living here for 3 years, he does not live on the premises and as far as I know, this is the only property... View More
answered on Apr 23, 2020
IF you have been there for more than a year, then the landlord MUST provide you at least 90 days advanced written notice that they do not intend to renew your lease and then only for a statutorily permitted reason. It sounds as if you have not gotten at least 90 days advanced notice; any... View More
Is this legal. Do we really have to move out through a text message eviction?
answered on Apr 20, 2020
First, no, any sort of valid termination of tenancy notice has to be in writing (as in on paper), contain all the mandatory information and be lawfully served. Depending upon the exact details, you may be owed at least 90 days advanced written notice.
On top of this, it currently is not... View More
I’m asking primarily because of covid-19 and we have been sick (untested).
answered on Apr 17, 2020
Sure they can as long as they give you at least 24 hrs advanced notice before entering. You, however, are also free to say "no, please do not enter" and they have to respect that. Any tenant can always refuse entry to a landlord (or anyone else except police with a warrant) by simply... View More
What are my options? We have two months left on the lease. We have had to put multiple orders in for the same thing and we are told by the owner that he did not know and the rental company is telling us that the owner didnt want to fix it. The major complaint is the back deck is rotting away and... View More
answered on Apr 16, 2020
First, be sure you have documented everything - the habitability violations and your requests for maintenance and yes, document EVERY request you have made (and put future maintenance requests in writing). Try calling your city building code inspectors to see whether they will come inspect and... View More
The next of kin whom recieves the property upon my death is demanding payment from me for my kids living here
answered on Apr 4, 2020
First of all I have never heard of a living estate. Maybe you mean a revocable living trust? If that's what you mean putting you property into your own revocable living trust doesn't make your property unavailable to your creditors, least of all your obligation to pay child support.... View More
My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... View More
answered on Apr 2, 2020
That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... View More
Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... View More
answered on Mar 31, 2020
This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... View More
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