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A contractor hired to do a renovation once paid in full and not complete vacated the property we have pictures, video, and testimony of how the work was left and what we are still trying to complete to finish the project. We since then found out 1 he isnt a licensed contractor and 2 he put a... View More 
answered on Dec 6, 2016
You may need to initiate a court proceeding to have the court determine that the lien was not justified. This case could also include claims related to the defective quality or workmanship and seek damages for this as well. In addition to the obvious concerns you mentioned, there are strict... View More
Husband and wife occupied home for decades. Husband died. Wife and son occupied for years. Wife recently deceased. Three children say they inherit. Assume will have to know who executor/trix is so that person can alienate. But, does the check get made out to "The Estate of Wife?"... View More
answered on Dec 4, 2016
You need a lawyer and title insurance company to advise you and quarterback the transaction. The way the check is made out is probably the least complicated of the potential issues.
Commercial Tenant moved out before lease ended. Landlord is suing tenant for breach of lease agreement. However.. 1 month after tenant moved out landlord submitted an application to the borough for a new zoning permit to put another type of business in the building along with an application to the... View More
answered on Dec 2, 2016
Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the... View More
My Dad had a will but everything is left to Mom. No probate is necessary for any other assets, as almost everything was owned jointly. How do we get a new deed in Mom's name only? York County recorder has no info about this on their website. Thanks!
answered on Nov 29, 2016
This could be handled by recording a new deed in the name of Mom only. In the deed we would explain why the deed is being re-recorded. This would be an inexpensive project.
answered on Nov 28, 2016
Unless his name is on the property or there is a will, no. He has no rights in the property or her estate.
There is a small piece of property that runs parallel with our property and they are connected. We have mowed the grass, which is basically all of the maintenance there is for at least 30 years. There is a drive way that we use for our house that is on some of both properties that we've used... View More
answered on Nov 28, 2016
You'll want to consult an attorney before engaging in any "adverse possession," which I'm not sure applies if they used the driveway. It isn't favored. Why not see if they will sell it?
I am listed on the family will with 4 other members. Two of them being the executors, can they sell the house without consulting me and sending me a check for half my share with no explantions?
answered on Nov 28, 2016
Read the will. Generally they can, but they have to explain their actions, what they sold it for has to be commercially reasonable. Suggest you contact an attorney and get a confidential consultation.
We are considering a rent to own / purchase option after 36 months - I would essentially pay rent equal to or slightly above his current mortgage payment, in turn he is willing to considered a part of those monthly payments as partial down-payment at the closing sale of the property. Are there any... View More
answered on Nov 28, 2016
No, though you want something that will protect you. It's best to consult an attorney who handles real estate transactions.
since the divorce. I have no idea where she is or if she is still alive. When we divorced she wanted no responsibility for the property. how do I change deed?
answered on Nov 22, 2016
You will need to track her down and get her to sign a deed, which a lawyer will have to prepare. There are ways to do this on-line with her social security number.
answered on Nov 21, 2016
With notice to the other. And that person would have a right to a key.
After buying my ex out of the house about a year and 1/2 ago, I remortgaged my house. I got married last year and wish to have my wife on the title. The mortgage broker sent me to the title company, but they told me that they cannot help after closing. What do you suggest?
answered on Nov 14, 2016
You would need to consult with a lawyer to prepare a deed from you to you and your present wife. Your existing mortgage should also be reviewed to assure that it does not contain a prohibition of this. If such transfers are prohibited, the lawyer would need to contact the bank to get its consent... View More
Money. Any legal reason he can pressure other brother (still residing in property) to sell or move out ? Approx 2 years since parent deceased.
answered on Nov 12, 2016
Any joint tenant always has the right to file an action for partition in order to force the remaining joint tenant or tenants to buy the person out for fair value or to list the property for sale. The fact that one of the brothers is living there is of no consequence, although that brother is... View More
answered on Nov 11, 2016
You can sell a property as a shell. It's not a lease. It's as is.
Would I be able to do this ? She said it would be considered income. I said not if money goes to her nursing home.
answered on Nov 11, 2016
Contact an elderlaw attorney. Is mom on MA I assume? then elderlaw attorney your best bet.
I have a buyer for the house how can I get around her and put her money in escrow until we can resolve this matter at a later time ( I contacted her it was only a 5year mortgage)
answered on Nov 7, 2016
Although the specific facts of the situation depend on what legal rights you may have, if this mortgage has already been paid in full, the lender is required to satisfy the mortgage within a certain period of time. If it is not yet paid in full, and you plan to pay the mortgage at closing, then... View More
Hi I live in PA and my husbands grandmother passed away 2.5 years ago. In her will it states that we are to be the first ones able to buy her house which we have lived in for the last 7 years. His mother who is designated in the will as executress of the will has not done anything legally with... View More
answered on Oct 26, 2016
You are correct in your concerns and your husband's mother is not correct.
The Will must be "probated," which means filing it with the Register of Wills. That will open the estate and your mother-in-law, if so designated in the Will, will be appointed Executrix. As... View More
answered on Oct 17, 2016
For being there? No. If you are in your house and they come into your house, you may stand your ground, but you may not shoot them unless they are going to shoot you--your force has to be commensurate to that threatened--and you can't shoot first ask questions later.
My husband was not on the deed.I subsequently divorced. My husband had to sign a quitclaim deed releasing his interest in the property to me. Are my Dad and I still Joint Tenants? What will happen in the even of my Dad's death? If I would remarry would it affect the ownership of the property?
answered on Oct 17, 2016
Marriage doesn't affect the ownership. What it can do, depending on your property settlement in your divorce, is give the spouse a share in that property--which is to say your one half interest in the property.
If your father dies you would be the owner. If you would remarry it... View More
I am looking to sell the house, but am unsure if I can if it is in the name of the estate. Do I need a realtor, or can I sell on my own?
answered on Oct 17, 2016
If your husband had no Will, you would be an "Administratrix," not "Executrix." However, that is not an important difference. As Administratrix, you have the right to execute a deed to sell the home. I think that you are likely mistaken that the house is in the name "of... View More
The lien/HELOC is roughly equal to the value of the house. My sister believes she is entitled to 1/3 (split between her, me and the wife) of the house, I thought under PA law it transfers to the wife of the deceased, especially with his wife's name being on the lien? There was no living will... View More
answered on Oct 16, 2016
First step is look at the title to the house. If the house was in his name only, the lienor has a claim against the estate for the amount which may make the issue pointless if, as you say, the lien is almost the value.
Generally, wife gets $30,000 of the estate. If there is money left over... View More
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