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Real Estate Law Questions & Answers
Q: My brother has the deed to my parents home in his name. Is my parents will on how to split the home with kids even valid
Joseph Jaap's answer
If your parents already deeded the home to your brother, and that deed is valid, then he already owns it, and it is no longer under the will of either parent. But if your parents were not of sound mind when they signed the deed, or when they signed their wills, or if the brother exerted undue influence or coerced them into signing the deed or their wills, then that deed or the wills could be invalid. Talk to your father and ask him for copies of the documents. Use the Find a Lawyer tab to...
If your parents already deeded the home to your brother, and that deed is valid, then he already owns it, and it is no longer under the will of either parent. But if your parents were not of sound mind when they signed the deed, or when they signed their wills, or if the brother exerted undue influence or coerced them into signing the deed or their wills, then that deed or the wills could be invalid. Talk to your father and ask him for copies of the documents. Use the Find a Lawyer tab to...
Q: My husband ( separated)had one of our delapitating homes demolished. Both our names on deed. I never signed anything.
Richard Sternberg's answer
It might be wise to seek a consult with an attorney experienced in real estate in your local area around Yorktown and get better control over your property. In some circumstances, owners of property can become individually liable for nuisances and waste as well as other liabilities emanating from their property, and the fact that you aren't personally involved in the hazard is likely to be irrelevant. Perhaps you can reach an interim accommodation with your estranged spouse about sharing...
It might be wise to seek a consult with an attorney experienced in real estate in your local area around Yorktown and get better control over your property. In some circumstances, owners of property can become individually liable for nuisances and waste as well as other liabilities emanating from their property, and the fact that you aren't personally involved in the hazard is likely to be irrelevant. Perhaps you can reach an interim accommodation with your estranged spouse about sharing...
Q: The lease effective on May 26 2018, I never move in yet, can I sue landlord to get money back from a small claim court ?
1 Answer
| Asked
in
Real Estate Law, Landlord - Tenant and Small Claims
for
Ohio
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Joseph Jaap's answer
If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord breached the lease and refused to allow you to move in. You could sue in small claims court if you have some legal basis for termination. Use the Find a Lawyer tab to consult a local attorney who can...
If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord breached the lease and refused to allow you to move in. You could sue in small claims court if you have some legal basis for termination. Use the Find a Lawyer tab to consult a local attorney who can...
Q: Do I have a case
1 Answer
| Asked
in
Personal Injury, Real Estate Law, Landlord - Tenant and Patents
for
New York
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Kevin Flynn's answer
This is not a patent question. You may want to remove that topic indicator.
I am sorry that you were injured.
Good Luck.
Kevin E Flynn
This is not a patent question. You may want to remove that topic indicator.
I am sorry that you were injured.
Good Luck.
Kevin E Flynn
Q: Hi, is a joint lease valid if only one individual has signed and the second individual has not signed yet ?
Joseph Jaap's answer
An attorney would have to review the full lease. If the landlord has not signed, then it would not yet be valid. You can try discussing changes with landlord to revise the lease or re-negotiate it. Use the Find a Lawyer tab to consult a local real estate attorney.
An attorney would have to review the full lease. If the landlord has not signed, then it would not yet be valid. You can try discussing changes with landlord to revise the lease or re-negotiate it. Use the Find a Lawyer tab to consult a local real estate attorney.
Q: When selling land, is an application to sell, done before, you list property with a realtor or once you have a contract?
Terry Lynn Garrett's answer
This is apparently a dependent administration. The probate attorney should help you file an Application to Sell Real Property attaching a Verified Statement of the Condition of the Estate and the sales contract. The court will hold a hearing. The closing (or disbursement of funds) is dependent on the court's confirmation of sale.
This is apparently a dependent administration. The probate attorney should help you file an Application to Sell Real Property attaching a Verified Statement of the Condition of the Estate and the sales contract. The court will hold a hearing. The closing (or disbursement of funds) is dependent on the court's confirmation of sale.
Q: Dad died 4 years ago with no will and a mortgage in Tn. Can I just keep making the payments or do I have to refinance?
Leonard Robert Grefseng's answer
If he died without a will, you are going to need a lawyer to make sure all the other heirs sign and convey their shares over to you. If they won't do so, then I would not keep paying the loan if I were you. The bank/lender probably won't care about the death as long as the payments are made on time. However again, simply making the payments won't make you the owner- the other heirs will need to sign, and since one of them may be a minor, you will likely need to get court approval for that...
If he died without a will, you are going to need a lawyer to make sure all the other heirs sign and convey their shares over to you. If they won't do so, then I would not keep paying the loan if I were you. The bank/lender probably won't care about the death as long as the payments are made on time. However again, simply making the payments won't make you the owner- the other heirs will need to sign, and since one of them may be a minor, you will likely need to get court approval for that...
Q: After being asked by the landlord to clear the basement, my crew inadvertently threw away $2k of a tenants belongings.
Joseph Jaap's answer
Landlord would have to sue you in small claims court, and the court would decide if you were negligent, or if landlord was unclear in what was to be done.
Landlord would have to sue you in small claims court, and the court would decide if you were negligent, or if landlord was unclear in what was to be done.
Q: I owe 4 months condo fee and add late fees send me letter that is going to collection agency what action should I take
1 Answer
| Asked
in
Collections, Consumer Law and Real Estate Law
for
Massachusetts
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Christopher Tolley's answer
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees and costs of collection are similar to real estate taxes, condominium associations I have dealt with are not inclined to discount or waive common area fees or late fees.
However, here are some other...
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees and costs of collection are similar to real estate taxes, condominium associations I have dealt with are not inclined to discount or waive common area fees or late fees.
However, here are some other...
Q: What rights does a new spouse have to a house left to her in her husband's will if his ex-spouse name is still on deed
Leonard Robert Grefseng's answer
You should first check the divorce papers- if the two were divorced, it would be extremely odd if the property was not awarded to one of the two. They may have forgot or didn't know to change the deed, but hopefully the divorce awarded the property to your spouse, and that divorce decree can be recorded in the deeds office and doing so will operate like a deed to change ownership to your spouse.
You should first check the divorce papers- if the two were divorced, it would be extremely odd if the property was not awarded to one of the two. They may have forgot or didn't know to change the deed, but hopefully the divorce awarded the property to your spouse, and that divorce decree can be recorded in the deeds office and doing so will operate like a deed to change ownership to your spouse.
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Employment Law and Real Estate Law
for
Oregon
on
Answered on Apr 22, 2018
Answered on Apr 22, 2018
Joanne Reisman's answer
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and it sounds like it could be a bit pricey to pay for professional time to go through this log history.
You best option might be to consult with a landlord tenant lawyer and see if the eviction notice...
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and it sounds like it could be a bit pricey to pay for professional time to go through this log history.
You best option might be to consult with a landlord tenant lawyer and see if the eviction notice...
Q: How can we sell our deceased grandmother's property if there is a judgement against it? There was no will.
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Tax Law
for
Texas
on
Answered on Apr 22, 2018
Answered on Apr 22, 2018
Terry Lynn Garrett's answer
Because you do not know the heirs, you cannot file Affidavits of Heirship in the deed records. Instead you or the judgment creditor must hire a local probate attorney to file an Application for Determination of Heirship and Letters of Independent Administration for each estate.
Because you do not know the heirs, you cannot file Affidavits of Heirship in the deed records. Instead you or the judgment creditor must hire a local probate attorney to file an Application for Determination of Heirship and Letters of Independent Administration for each estate.
Q: Rent to own homewner is claiming he did not receive money order for monthly payment.
1 Answer
| Asked
in
Contracts, Real Estate Law, Landlord - Tenant and Small Claims
for
Colorado
on
Answered on Apr 21, 2018
Answered on Apr 21, 2018
James Alan Greer's answer
Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your viewpoint), but send it along with a cover correspondence outlining your entire legal position and that you are paying "under protest". Then later, if you can establish that owner endorsed/cashed your...
Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your viewpoint), but send it along with a cover correspondence outlining your entire legal position and that you are paying "under protest". Then later, if you can establish that owner endorsed/cashed your...
Q: What rights does the buyer have, in MD, regarding proof of (agreed) repairs?They don't want to provide until closing day
Richard Sternberg's answer
Get a lawyer to read the contract BEFORE your right to reject under the contract expires, and then call it off. If the Seller doesn’t react by cooperating so you can restore the contract, you missed a bullet.
Get a lawyer to read the contract BEFORE your right to reject under the contract expires, and then call it off. If the Seller doesn’t react by cooperating so you can restore the contract, you missed a bullet.
Q: how to stop my husband from transferring or selling his part of a land contract he co own with friend
David Soble's answer
Until several years ago, you could withhold waiving your 'dower rights" and he would have had a difficult time making a transfer without you. However, the law has changed and unless you have a court order either in a divorce action or under another theory of ownership, it is very unlikely that you will be able do anything. You should have a real estate attorney review the land contract as there are other facts that may change this answer.
Until several years ago, you could withhold waiving your 'dower rights" and he would have had a difficult time making a transfer without you. However, the law has changed and unless you have a court order either in a divorce action or under another theory of ownership, it is very unlikely that you will be able do anything. You should have a real estate attorney review the land contract as there are other facts that may change this answer.
Q: I transfer a Mi house to my daughter & son. They sold it after 4 years and 10 months. will they pay capital gain?
David Soble's answer
Generally, the exemption for capital gains from a home sale works as follows: you must have owned and lived in your home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years.
This has been the tax rules until the 2018 Tax Act. You should contact a CPA to delve further into your situation.
Generally, the exemption for capital gains from a home sale works as follows: you must have owned and lived in your home as your principal residence an aggregate of at least two of the five years before the sale (this is called the ownership and use test). You can claim the exclusion once every two years.
This has been the tax rules until the 2018 Tax Act. You should contact a CPA to delve further into your situation.
Q: Real Estate valuation:My parents, deceased, are 1/3 owners of a vacation house with two of my brothers. How is it valued
Andy Wayne Williamson's answer
The person selling his or her interest would get a value equal to 1/3 of the agreed or appraised value in exchange for giving a deed for his 1/3 share.
If an owner wants or agrees to sell his 1/3 share for less than appraised value that person is free to do so.
Hope this helps.
The person selling his or her interest would get a value equal to 1/3 of the agreed or appraised value in exchange for giving a deed for his 1/3 share.
If an owner wants or agrees to sell his 1/3 share for less than appraised value that person is free to do so.
Hope this helps.
Q: Why would DOJ close investigation to collect my child support when my ex husband died instead of pursuing his estate
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Child Support
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.
This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.
Q: Hello I have a question about real estate
Mark Scoblionko's answer
You would need to consult with a lawyer to see if it is possible to file a suit, possibly a declaratory judgment action, seeking to declare the lease null and void.
You would need to consult with a lawyer to see if it is possible to file a suit, possibly a declaratory judgment action, seeking to declare the lease null and void.
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