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Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: Does the no-contest clause in my grandparent's trust protect me from an uncooperative beneficiary?

I am successor trustee for my late grandparents' estate, and there are 3 beneficiaries standing to gain an equal third share; myself, my father, and my aunt. I am putting my grandparents' house up for sale as per their living trust and will, but I haven't had my realtor list it on... View More

James L. Arrasmith
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answered on Sep 25, 2023

Under California law, a no-contest clause is enforceable against a direct contest brought without probable cause. If your father seeks to invalidate any provisions of the trust without probable cause, he could be at risk of forfeiting his share due to the no-contest clause. However, the specific... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 25, 2023

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving...
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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: How long should a home be on the market before accepting what would be considered the highest offer?

My family has a home that I am selling as trustee for the estate. We are preparing it to go on the open market, as suggested by my estate attorney in order to get the highest price.

However, I have already gotten a considerably generous cash offer that is 10% above asking price and... View More

James L. Arrasmith
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answered on Sep 24, 2023

In California, there's no set duration a home must be on the market to determine if an offer is the highest possible; it's based on market conditions and the trustee's fiduciary duty to act in the best interest of all beneficiaries. Accepting an offer 10% above asking price with... View More

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

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2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 23, 2023

The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can a husband show up in court and pretend to be plaintiff when he isnt party to the case and plaintiff is his wife?

He is not on any court docs except one where he lied about giving service to defendent.

T. Augustus Claus
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answered on Sep 22, 2023

In California, showing up in court and pretending to be a party to the case when one is not could be considered fraud or contempt of court. Misrepresenting oneself in legal proceedings is a serious offense and could result in criminal charges, civil penalties, or other legal consequences. If... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can a husband show up in court and pretend to be plaintiff when he isnt party to the case and plaintiff is his wife?

He is not on any court docs except one where he lied about giving service to defendent.

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, a husband who is not a party to the case and is not listed on any court documents typically cannot represent himself as the plaintiff in a case where his wife is the actual plaintiff. This could potentially raise issues related to misrepresentation or unauthorized practice of... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: A friend said that you don't own the land your house is on in NYC, even if its paid for, is this true?

It's paid for and I pay the taxes.. Please advise, in detail. Thank you.

T. Augustus Claus
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answered on Sep 22, 2023

In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: How do I file for adverse possession in the state of Mississippi. My wife and I have had possession of a house that my

Father in-law owns for 25 years. In 2015 I went to Georgia but I kept up the bills and maintenance of the house. He passed away in 2018 without a will. We came back in January of this year 2023. Can we claim it through adverse possession without involving her siblings because we are the ones who... View More

Anthony M. Avery
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answered on Sep 22, 2023

Continuous adverse possession has not occurred since you left the property for 5 years. Hopefully you have paid taxes on it for several years. Transferring title by adverse possession is usually a defense to ejectment, not a suit for you to file as plaintiff. Right now you do not have color of... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: how can I put a lien on my home for mortgage payment owed from co owner?

Co own a home and the other party has paid little to nothing towards the mortgage payment

Anthony M. Avery
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answered on Sep 22, 2023

If you sue for contribution, and get a judgment, you might try to collect some other way. A judgment lien against the home is a second lien against your own property although not against you personally. Executing a lien against the home might get the mortgagee upset and you would only be... View More

1 Answer | Asked in Real Estate Law for California on
Q: If I am on title of house but mortgage is under a deceased relative, how can I refinance the house?

The relative past away over 5 years ago and I could not assume the mortgage at that time and was given bad advice to just keep paying on mortgage. But the house needs work and I would like to refinance the mortgage in my name to pay for repairs. How would I go about doing this legally?

James L. Arrasmith
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answered on Sep 21, 2023

In California, if you are on the title of the house but the mortgage is under a deceased relative's name, the first step to refinance would be to approach a lender and apply for a new mortgage in your name. The lender will evaluate your creditworthiness and, if approved, the new mortgage will... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I've had possession of a house that my father in-law owns for 25 years in 2015 I went to Georgia but I kept up the bills

And maintenance.He passed away in 2018 without a will and did not have to pay taxes can we my wife and I "his daughter" claim the property

T. Augustus Claus
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answered on Sep 21, 2023

In Arkansas, you might be able to claim ownership through "adverse possession" if you've been in continuous, open possession of the property for a certain period. Additionally, since your father-in-law passed away without a will, his estate would typically go to his closest... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: We have a property that was sold owner contract. They are letting the property go to disrepair. Legal recourse?

The roof is leaking and the electric has gone out in parts of the place. We unfortunately didn’t include keeping the place in good condition in the contract. Can we force to make repairs?

T. Augustus Claus
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answered on Sep 21, 2023

If the contract for the property sale did not explicitly state that the buyers are required to maintain the property in good condition, your options for legal recourse may be limited. Alaska property law generally leans on the written agreements between parties. However, some general principles of... View More

2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 21, 2023

Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More

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2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Anthony M. Avery
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answered on Sep 21, 2023

You have a boundary dispute. If the adjoining owner puts in the line, and you do nothing, you acquiesce to the new ascertainable boundary. Hire a KS attorney to search both titles, and get a boundary line survey. You may have to sue for a boundary dispute, so put your witnesses together now.... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: If land was transferred to a person before the death of the owner but the notary didn’t witness the persons sign.

They recognized the signature as the owners what can be done.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2023

What exactly do you want? If you want to nullify the transfer then one way of doing this is to prove that the document transferring the property was not properly done/completed. If you want to challenge this, then you should first have a specific consult with an attorney to determine what needs... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Florida on
Q: Can I sue a property developer over lost income and property devaluation?

The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2023

You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More

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