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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: My mother passed away recently. In her will she left her house to me. There is still money owed on the mortgage.

What should I do about claiming the home? I am making the mortgage payments now but would like the home put in my name.

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

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 »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California, can a tenant on a month-to-month lease request a move out date mid-month and must I prorate rent?

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.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 6, 2021

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: How can a company garnish my wages twice?

I moved out of a apartment complex 6 years ago because they had bed bugs and would only do one apartment at a time and the bed bugs will travel,

So 4 years later they garnish my wages for $700+ now they are garnishing me again for the same amount they took my $799 deposit when I moved.

F. Paul Maloof
F. Paul Maloof answered on May 6, 2021

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 »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

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.

Ben Corcoran
Ben Corcoran answered on May 6, 2021

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.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

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 »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am in contract since February 9th 2021 with a possession before closing contract.

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 »

Ben Corcoran
Ben Corcoran answered on May 6, 2021

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 »

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.

Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

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.

2 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: There are 2 adults who have stayed in a house fir 6 months and then they moved into a barn on the same property. How can

How can I get rid of them

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

Hire an attorney to file an eviction for possession action immediately.

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1 Answer | Asked in Contracts and Real Estate Law on
Q: I am the seller of a plot of land, I now have decided I do not wish to sell. Engrossments have gone out to the buyer

Does this mean that I'm in a contract now and legally i'm bound to sign!

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

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 »

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

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 »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

1 Answer | Asked in Real Estate Law and International Law on
Q: I'm looking for a lawyer to look over my wholesale real estate contract. If you can help please reply
Michael D. Birchmore
Michael D. Birchmore answered on May 5, 2021

This site is not for solicitation of business. You are more than welcome to find the right type attorney here on Justia by looking into the Find a Lawyer section.

1 Answer | Asked in Real Estate Law and Contracts for Kentucky on
Q: Do I have to give left over property to previous owner.

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?

Timothy Denison
Timothy Denison answered on May 5, 2021

Depends on the circumstances under which the property was left on your premises.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I along with my sister and brother in law are purchasing a piece of real estate together. The Grantor

has the deed as B & C, husband and wife and D & E, husband and wife, collectively, the Grantee's. Is that correct?

James Tack Jr
James Tack Jr answered on May 4, 2021

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.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My ex wife had a inheritance account she spent money out of a d wants half of the money she spent back? Is that legal

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

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

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.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can sellers realtor sue me if I cancel purchase agreement when closing did not occur by date listed in Purch. Agreement?

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.

David Soble
David Soble answered on May 4, 2021

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 »

1 Answer | Asked in Real Estate Law on
Q: Is it common to have a demand feature on a refinance mortgage?
Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

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.

1 Answer | Asked in Contracts, Products Liability and Real Estate Law on
Q: What type of lawyer do I need to help with a contractor who did a complete remodeled of my home?

Work was completed however cannot get him to do warranty work. He has been fully paid.

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

Keep contacting general practitioners to file suit for breach of contract until you find one. There is probably a short SOL in the warranty contract.

1 Answer | Asked in Real Estate Law for Texas on
Q: My dad owned my familys home till he passed away He did not leave a will Can someone evict a current resident?

No legal resident has ownership at this time and the house is still in his name.

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

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.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I purchased a piece of property in my name only but was married at the time and now I am selling it does my spouse have

to sign on the warranty deed when I sell it?

James Tack Jr
James Tack Jr answered on May 4, 2021

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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