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Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: my father quit claimed his home to me in Nov. 2019. We are trying to sell the home, due to he lives with me now. can i

quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 25, 2020

You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.

You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential...
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3 Answers | Asked in Real Estate Law and Probate for California on
Q: How can one trust beneficiary purchase shares of a home from two other beneficiaries? Revocable trust.

I understand successor trustee can grant deed 1/3 of property to me, as parent to child transfer, then I can purchase my two brother's shares through escrow. What are the details of this process?

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

One option would be to discuss what you want to do with a local title company and open an escrow with the title company. You deposit the purchase price and your siblings signed a deed to you and deposit it into escrow, and the escrow agent records the deed and disburses the funds to them. It is a... Read more »

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1 Answer | Asked in Business Formation, Business Law, Estate Planning and Real Estate Law for Rhode Island on
Q: how can make estate agencies to stop selling my home with their predicted price on their own sight

I own property with area avarge sale price 75000 dollars. The government assignment value is 22000 dollars

Real Estate agencies more than one forcing me to sell it cheep as less than 10000 dollars by listing it on their own site without my permission

How can I stop them... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

Nobody can force you to sell your house. If a realtor is offering your house for SALE without your permission you should file a complaint with

the Rhode Island Board of Realtors and also the Rhode Island Department of Consumer Protection.

However do be sure they are really listing...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Stepdad deeds property to foster son who dies before him, his wife lives there, mom dies. No wills. Who can claim?

No wills were made for any of them. Foster son's name is still on property. Stepdad was in convalescent home, had dementia when deed changed and died in 2016. His foster son (my brotherinlaw, who has 1 son with my sister, 3 kids from another marriage and my niece, who isn't biologically his) died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

This is complicated set of facts and beyond the scope of basic legal questions that can be answered in this forum. You need a personal consultation with a probate attorney, who can look at the chain of title and review all of the facts. It might be the correct remedy it a quiet title action to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... Read more »

Erik Luthens
Erik Luthens answered on Jan 24, 2020

No.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have a house and in my deed we have ingress and egress owner said he is going to have it taken away can he do this?

We never go over 10mph he came up to my house being really load and rude saying he was going to take our right away to get back to our house their is no their roadways or drive ways can he do this?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: neighbor capped culvert put in 4" drainage pipe floods my property what can i do ? i live in overton county tn.

property floods water backs up like a pond half of my 1.5 acre yard is flooded. i ve tried talking to them but they don't want to talk about it. natural flow is from my property through their property to retention pond.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 24, 2020

Your neighbor has created what the law calls a "nuisance"- you have the right to sue to have it removed. It sounds like the situation can be corrected, so the nuisance is "temporary." Consult an experienced real estate lawyer.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own a house and property I have ingress and egress to get to it in the deed the owner of the house below just bought

He just bought property below us a year ago he came up acting stupid saying we drive to fast in drive way we never go over 10mph their are potholes everywhere for one and now he is trying to say he is going to cap off our entire way can he do that legally?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: we signed a 1yr lease agreement and we needed to move out of the country.are we required to pay the whole lease term?
Joanne Reisman
Joanne Reisman answered on Jan 23, 2020

Maybe. You need to read what the lease says in terms of what happens if you need to break the lease. Also pay attention as there may be a provision that allows your landlord to get Attorney's fees. Generally speaking an injured party has a duty to mitigate their damages so for a lease that means... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 23, 2020

When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves although... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Q: Gift letter was signed for intent as a gift of money for a mortgage, and now that party says it was a loan, is it fraud

It was stated in the gift letter that it does not have to be paid back it is a gift. Now party says it was a loan and wants the entire amount paid back. What happens?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 23, 2020

More likely this will/can be settled in small claims, depending on the amount specified in your jurisdiction. It is best to contact an attorney who can assist you with the specifics of your circumstances.

If you and the property are in Florida, you should contact an attorney licensed in...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I signed a lease and now the home was sold and I have to move out in a year, I was told the home would not be sold

I recently rented a home that my realtor said was owned by a company and they would not sell it and we could stay for a long time. Two days after signing the lease and we already started the move I got an email from a company telling us the home was sold to their client. A few days later they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

If you have a one-year lease, that's all you have. The owner is under no obligation to renew the lease.

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2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or your... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Discovered dark spots last wk on our condo ceiling. Had it tested & came back as mold over 10,000 spores in the air!

HOA by laws state they are responsible for commom elements and limited elements

Is our apts ceiling building material (undecorated drywall) considered one of these common elements? We do not have our own homeowners insurance so would like to have the Building insurance cover this. From... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 22, 2020

The quoted portion of the by-laws is ambiguous. If I were representing the HOA's insurance carrier, I would argue that the word "undecorated" implies that the horizontal plane is the BOTTOM surface of the drywall (where the paint or other decoration would go). But if the mold comes from something... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How do we remove one child from a deed and add another in Orange County, Florida?

My husband and I bought a small house in 2011 for our daughter to live in while attending college. We had her name added to the deed. She has since moved on and purchased her own home and our son now lives in the house. We would like to remove our daughter’s name from the deed and replace it... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 22, 2020

You can do this via a quit claim deed. To make sure it gets done correctly you should go to a real estate transactional attorney. People try to do this themselves to avoid paying an attorney a couple of hundred dollars and end up making mistakes that cost thousands to fix.

1 Answer | Asked in Real Estate Law for Texas on
Q: I was given the title and to my grandma's house and the deed is in my name can my family try to sue me for it.

The house has been in my name and on the deed for 8 years and I have been paying the year taxes but I don't live in the house yet until my grandmother passes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

As long as your grandmother was of sound mind when she signed the title over to you and it's been properly recorded and there was no undue influence or duress they should have no grounds to sue you. When a family member gets closer to the end of their life it's very common for other relatives to... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded the house in the divorce, what happens if my husband is not out of the house by the time the judge set?

The judge has the date and time set for January 27th at 5PM for him to vacate the house.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

You may need to file an enforcement action on him or an eviction.

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Timothy Denison
Timothy Denison answered on Jan 22, 2020

Yes. Not only common but required in some jurisdictions.

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1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.

One...
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