Unless the Will is filed for Probate, it has no effect. If you are the only heir, then a recorded Affidavit of Heirship would give you a source of title. But if not, then either Probate the Will or share ownership with the other Heirs. If the Note is not paid, Foreclosure will occur against the...Read more »
From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.
I gave the tenant 60 days notice to move out of my property, with a move out date of May 31. The tenant countered with a move out date of May 20 and asked to prorate rent in May. Am I legally obligated to prorate the last months rent? The property is in Torrance, Los Angeles County, California.
If the rental agreement does not specifically address the situation, and the tenant has properly given the 30 days notice, then yes, the tenant may move on any day of the month, and only owes prorated rent for the last month.
In Virginia, the law that effects the garnishment of wages and/or bank account has a set period of 180 days before the matter goes to court. If the full amount of the judgment is not satisfied by the initial garnishment, the judgment creditor has the right to file a second garnishment to seek the...Read more »
What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.
Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.
My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »
We were supposed to close March 10, then he delayed to March 31, then again to April 6, 9th, 16, and now may 10. We signed the possession before closing and we paid him $2000 for that month of rent his contract never stated rent afterwards and we would have paid had he asked or it had been in a... Read more »
Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all...Read more »
The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.
I assume you mean either a contract or a deed has been sent to the buyers. If so, then there is no contract if you did not sign the contract, which can include emails of acceptance. Land is usually conveyed by deed so if you did not sign a deed, then no conveyance has occurred. Usually the...Read more »
She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »
I have owned the property for almost a year now and the previous owner still hasn't retrieved anything off the ground but wants to try now after this long and I don't want him to have it now without compensation of some kind maybe even storage fees?
It is if your want to own the property as tenants in common, that is each owning a 1/4 undivided interest. If you want to own the property as joint tenants, you would need additional language specifying exactly who are joint tenants with whom.
Live in Louisiana. She spent money out of her account through your marriage on a variety of things. Food, house note, etc. am I legally obligated to pay that back? And if so wouldn’t that open her account up as community property
Your attorney should be able to argue that daily expenditure was a gift. But for any major expenditure, like a home remodel or car, she would be entitled to a reimbursement if she has the bank statement, invoice, or cancelled check to prove it.
My realtor says I was within my right to cancel but also suggests I release all or part of earnest money to seller to make the sellers broker go away. Will I end up paying more if he takes this to court? Closing was to occur by 4/23 and I cancelled on 4/28.
Generally "no," the seller's agent has no rights against you directly for commission or any other fees. Their agreement is between the seller only. However, a buyer's agent can bring an action against you for their portion of the commission that buyer agent would have earned...Read more »
It is probably not the normal Note term. However if the lender puts a demand acceleration provision in the Note, then the borrower either agrees by signing the Note or refuses the same. It would be enforceable.
The Decedent's heirs at law own the property. Any heir as a tenant in common has standing to file an eviction action to recover possession of the property. An Affidavit of Heirship being recorded would help establish standing in Court.
Yes. Oklahoma statutes provide that no deed affecting homestead is valid unless signed by both the husband and wife. The effect of this is that if you are married and want to sell real estate in Oklahoma that both spouses must sign since a title examiner can't determine from the record if...Read more »
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