My tenant in common owner died with no family and no heirs. Im assuming the state took back her half of the property. What do I do if I want to sell the house but the title isn’t clear because of this?
I recommend you start looking for the Decedent's Heirs At Law. Somewhere, somehow, there will be some. If necessary hire a private detective. Then have a competent attorney draft an Affidavit of Heirship and a Quit Claim Deed. Pay that far off Heir a small amount to execute both...Read more »
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't...Read more »
To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?
If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either...Read more »
A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... Read more »
Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor...Read more »
My wife and I, along with another person, are owners of a rental house. The other person worked for me at the time of purchase (about 15 - 20 years ago) as a maintenance man. Shortly after the purchase, he left my employment and never contributed to the upkeep of the property. I was wanting to sell... Read more »
You may be able to file an Action For a Sale For Partition. The Court might appoint a Guardian Ad Litem to represent the unknown heirs. But you really need to hunt down the Decedent's Heirs yourself and get them to convey their interests to you by Quit Claim Deed. A good attorney and...Read more »
I used to own the home that belonged to my great grandfather and then my grand parents where i grew up. A piece of the structure was used to make siding from a piece a wood that was the property of the US Coast Gaurd where my great grandfather was employed in the life saving service. The sign was... Read more »
Can I sue my brother for what I pay towards upkeep of the property? Meaning I pay his half as well as mine. Can I get a lien against him? Can I take the property once the amount he owes reaches half the taxable value? He has always had a major drug problem, he is a sex offender and has done a few... Read more »
The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?
You have probably lost that property. The adjacent landowners, including their predecessors in title, have apparently acquiesced for some period of time as to the tangible fenceline being the boundary between the two properties. Irregardless of each landowners' legal descriptions, that line...Read more »
Hire a competent attorney to draft an Affidavit of Heirship to document your source of title. Then ask each sibling to execute a Quit Claim Deed of their interests over to you. Record it, then start paying taxes and insurance.
I am interested in purchasing my parent's home in a very rural area. My parent's no longer work and receive SSI. The home is paid off, but they have a HELOC that is a third of the value of the home. I am married, but would like to keep the family home in our family. Would it be more... Read more »
Once both Parents convey the property to you, it is yours. There will be no setting aside except for clear fraud, and a gift is not fraud. The house is not paid off if there is a loan against it such as the home equity note. If you do not assume it, then you are not personally obligated on the...Read more »
Back behind the house on the lot is a big hill of dirt from which I guess the builder was excavating. He put pine straw all over it. The neighbor (house built by the same builder) has had damage to his well kept yard, he had to spend $5000 to build a trench from the water runoff, not to mention... Read more »
If you don't own the property, then there can be no suit against you. However, if you do purchase the home and it is a condition on your property that is creating an issue for your neighbor, there may be a claim. Since you are in the process of purchasing the home, you should resolve this...Read more »
lived on and the only access to that piece of land is down my private path and that sibling sold her piece of land to a company without letting us know do we have to grant that company access to that piece of land or do they have to find another access
That possibly dominant tract probably has an Easement either by Prescription, express grant, or possibly by necessity. Hire a competent attorney to perform a title search of the adjoining properties, examine survey plats and/or tax maps, and provide his opinion. If you obstruct or destroy the...Read more »
About a week after submitting a lease renewal, and not hearing anything back, we wrote asking the management company not to finalize. A few days later they responded saying they had already signed the document but just hadn't delivered it to us, and were not willing to release us from the... Read more »
I am not licensed in North Carolina so I cannot answer for them about what their statutes may say; but I can tell you that there is NO such federal law forcing the states or anyone else to provide a 3 day cancellation period for anything.
I own a home in Raleigh NC. In March I hired a property manager to begin renting the home out. This week they told us they found a qualified tenant but before they allow the tenant to sign the lease they want to amend our contract with them which would entitle them to a 2 % commission on the sale... Read more »
A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »
NO WILL, then typically all assets go to the children in equal shares.
All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly...Read more »
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