Your current state is Ohio
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answered on Apr 23, 2024
In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:
1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term... View More 
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
Do the children of the ones who passed have legal rights to the house?
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answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More
answered on Apr 22, 2024
This is not an 'open and shut' case.
Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the... View More
When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More
answered on Apr 23, 2024
Risk versus reward. Mr. Zichi provided a comprehensive answer. People greatly underestimate the costs, both in terms of time and money, it takes to litigate issues in court. Even if you were to prove your case, and a judge says "you're right, they're wrong", you still have to... View More
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
answered on Apr 22, 2024
You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
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answered on Apr 23, 2024
Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.
No Fruit Trees - HOA?
Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.
However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More
answered on Apr 21, 2024
Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More
My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More
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answered on Apr 21, 2024
I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:
1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
Even if also a mortgage maturity date ?
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answered on Apr 20, 2024
If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More
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answered on Apr 20, 2024
Yes, you can request official data about a deceased person from Virginia online. The Virginia Department of Health’s Division of Vital Records provides access to death certificates and other vital records. These documents can be requested through their official website or through other online... View More
My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?
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answered on Apr 19, 2024
In Alabama, there are no state laws prohibiting the burial of cremated remains on private property. However, it's important to check with your local government, such as the county or city, to ensure there are no local ordinances or zoning regulations that would prevent you from burying your... View More
My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?
answered on Apr 22, 2024
I would add that burial grounds are a special type of land use under Alabama law; cemeteries have their own sections of the Alabama Code. The burial of cremated remains by itself might not create a "cemetery" as defined under Alabama law, but if you if you put up burial markers, fences,... View More
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.
If you do not have a recorded easement then you have a big problem that you need to address with an... View More
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
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answered on Apr 19, 2024
Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
answered on Apr 19, 2024
There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under... View More
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