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answered on Mar 14, 2020
She needs to talk to a lawyer who can help her figure out if she inherited the house either because of Oregon's intestacy laws if the husband didn't have a Will or because the Husband did have a Will. If there were no step children by the husband and he didn't have a Will, the... View More
The sister has not been able to be reached in years
answered on Mar 1, 2020
You are not going to be able to buy the property until the sister's interest is resolved.
answered on Mar 1, 2020
Yes a house can be held in a supplemental needs trust but you should discuss all of your options with an experienced special needs attorney. That might not always be the best idea.
answered on Feb 26, 2020
Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.
answered on Feb 25, 2020
The owner of the real property can do that by signing and recording a deed, but he or she would be well advised to consult with an attorney before doing so. Lifetime gifts of large value items like a home are fraught with peril. First, the gift might trigger a gift tax. Second, the recipient... View More
When moving in the manager kept at least one of our cats off of the lease to avoid deposit charges as a way to entice signing; then he was replaced before our lease was up or we had any ability to get verbal contracts put into writing including the existence of all animals and permission to paint... View More
answered on Feb 10, 2020
You know the answer, you are just trying to find a way around it. No one should EVER sign any document which they know contains false information and you are certainly justified to be concerned about it. Even if a landlord does nothing about it now, you will be giving them a weapon to use against... View More
The buyer, without our knowledge, approval or consent placed an ad to rent our house. The ad was an almost exact copy of the listing description. They included two pictures of our property in the ad. They even had people scheduled to tour the house 2 weeks before the closing date!!! The only... View More
answered on Feb 3, 2020
They would be entitled to rent the house once the sale closes. But it sounds like they acted prematurely. I wouldn't jump to conclusions without knowing the facts. Have your real estate agent contact their real estate agent and get this sorted out, ie no rental advertisements until the sale... View More
if he dies and his estate settles the mortgage of the loan, and I take less of the inheritance to pay back the loan, does my sister get to claim half of the equity of the house we live in? we have paid interset and monthly in this house she has not paid a dime. Also, he is thinking of just selling... View More
answered on Feb 3, 2020
You need to go see a lawyer. You can have all sorts of problems when you are buying a house but the house is held in someone else's name as is the mortgage. It sounds like you need a contract for the sale of the house from your dad to you to memorialize what is really going on, ie your dad... View More
Tenant has lived in house 2 years 1 month.
Has had two 12 month leases that ended at this residence last one ended in December 2019
Tenant now has a month-to-month tenancy
I want to sell the home and need to know if I can give the tenant 30 days notice for the first year... View More
answered on Feb 2, 2020
This is a landlord tenant law question. Try re-posting under Landlord Tenant as the category.
We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... View More
answered on Jan 31, 2020
It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... View More
answered on Jan 23, 2020
Maybe. You need to read what the lease says in terms of what happens if you need to break the lease. Also pay attention as there may be a provision that allows your landlord to get Attorney's fees. Generally speaking an injured party has a duty to mitigate their damages so for a lease that... View More
The owner is deceased and his probate is a limited judgment the PR can't sell or transfer the titles without court approval. There are co-owners on one title that can't sell their interest due to this limited judgment on one probate co-owner. The probate refuses to dismiss the co-owners... View More
answered on Jan 18, 2020
Sounds like you should hire someone to help you with that.
answered on Jan 17, 2020
This is really a tax question. I would seek advice from a Tax Attorney. Assuming the tax lien is recorded in the real estate records you can pull a copy of the lien from the recorders office and see what it says.
Am I expected to just walk away from my house and 5 acres with barn and shop to split with my sister? She wont talk and just wants to hurry and sell the property so she and her husband can move to another state...I even offered to pay off the minor debts left from my dad..and when I chose to live... View More
answered on Jan 17, 2020
It is not possible to give individualized advice without reviewing all of your individual facts and circumstances. However if your dad died without a will it is entirely possible that the house Is supposed to be distributed to you and your sister in equal shares. Most likely your best option to... View More
My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... View More
answered on Jan 15, 2020
Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not... View More
Can they still increase if I renew? Usually, I get at least a 60 day notice with what they call an "offer" to renew...and always at an increase. If they increase by 7 to 10 percent, I might want to move, but without notice that doesn't give much time. Does the new Oregon law require... View More
answered on Jan 6, 2020
First, although you do not say, I am assuming you are referring to residential landlord-tenant in Oregon. If so, then one needs to carefully read your existing lease to determine what it says about termination and/or any form of renewal. That said, you are correct that you likely are entitled to... View More
My little sister was the personal representative of my late parents estate. She did an alright job I guess, but one thing she forgot to do was to transfer the title to my name for my parents house and land that it sits on. Probate has since closed and I am not able to afford the tranfer and would... View More
answered on Dec 27, 2019
Actually if the final Judgment in the Probate adequately described the house and awarded it to you then you have all the legal documentation you need to sell the house. By adequate, the final judgment would need to reference the legal description of the property. This is something an Attorney can... View More
The permit was for electrical work and there have been some issues with our power company and a temporary meter as well as some questionable work in the house. Do we have recourse for solving these issues as the open permit was not disclosed in the sale? What if the house was sold as-is?... View More
answered on Dec 23, 2019
An open work permit may just mean that all the work was done but there hasn't been a final inspection. I suggest you call the city and find out exactly what is left to be done. Generally speaking minor issues are not grounds to sue anyone.
Can he take the money and run. Should I hire a lawyer too?
answered on Nov 18, 2019
Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal... View More
When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing... View More
answered on Nov 10, 2019
Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the... View More
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