Your current state is Virginia
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 
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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
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
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
How do I go about getting my name added to the house
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... View More
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
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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
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,
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
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,
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
He is not on any court docs except one where he lied about giving service to defendent.
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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
He is not on any court docs except one where he lied about giving service to defendent.
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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
It's paid for and I pay the taxes.. Please advise, in detail. Thank you.
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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
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
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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
Co own a home and the other party has paid little to nothing towards the mortgage payment
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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
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?
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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
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
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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
How does he appeal the decision?
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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
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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
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?
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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
...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?
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
...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?
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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
They recognized the signature as the owners what can be done.
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
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
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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