He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?
answered on Sep 14, 2023
While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient... View More 
answered on Aug 18, 2023
Usually by a written deed that describes the real estate, describes the interest being conveyed, is signed by the grantor, is given by the grantor to the grantee and recorded with the city or town in the land records. There are other requirements but those are the main ones. Usually a lawyer... View More
I live in KY, but it was carried out in Rhode Island, and its hard to do things when your 1000+ miles away, and all the paper work is in a storage unit in RI, is there any other way i can go about finding out the information within it like the lawyers name? Something where i can get started??? Im... View More
answered on Aug 15, 2023
The petition and order you are looking for are in the records of the probate court for the town or city in which your father last resided. You can call the probate court for that town or city and speak to the probate clerk, ask for a copy of the records. Probate records are not usually available... View More
I will speak to the company Monday, but I want to get ahead of this. The home is worth approx $100k more than I currently owe. I wanted to see what my options are. I do not have a lump sum needed to fully catch up with my payments, and have been working to adjust my payments so that I can resume... View More
answered on Aug 10, 2023
The cash for houses websites are unlikely to be your best option. Selling the house is certainly an option. Also there are programs available through Rhode Island Housing for you to mediate the matter with the mortgage servicer to avoid foreclosure and explore your options to refinance instead. The... View More
for 5+ years, we agreed on boundary, neighbor cutting grass up to such point.
Neighbor never questioned location when they were planted even though he questioned separate border that day
answered on Jun 29, 2023
If neighbors agree upon a boundary line then that can become the legal line, even if a survey based on the old line says otherwise. The problem you have is that the neighbor no longer agrees to the boundary line and wants to go by the survey instead. It might be hard to come up with evidence that... View More
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answered on Oct 26, 2022
Legal Descriptions give the angular calls and distances between corners of the property, or may be lot reference to a certain lot on a recorded subdivision plat, which then shows angles and boundary lengths for all lots. Some places use the rangeship/ township method of describing a certain parcel... View More
Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants
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answered on Oct 3, 2022
Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.
Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants
answered on Oct 15, 2022
Yes, there is a Rhode Island that allows a common owner to sell the property, by bringing a civil action called a petition for partition and sale. The court will first review whether the property can be divided (partitioned) into a separate parcel of land for the petitioner. If so, then that is the... View More
My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive
answered on Aug 17, 2022
If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.
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answered on May 3, 2023
Cosigner on a Note does not make that person a tenant in common., etc. Hire a RI attorney to search the Title and determine ownership. At least read your Deed.
What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?
answered on Nov 18, 2022
You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... View More
answered on Mar 2, 2022
No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.
First, hire a registered contractor to look... View More
answered on Feb 21, 2022
Check with the regulations at https://www.sos.ri.gov/divisions/open-government-center/rules-and-regulations/building-and-fire-codes
Need to work with a lawyer
answered on Jan 31, 2022
Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you... View More
One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?
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answered on Jan 13, 2022
First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember... View More
The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.
answered on Dec 3, 2021
The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... View More
We are common law married. We've lived in the house for over 10 years.
answered on Aug 30, 2021
If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.
answered on Apr 29, 2021
Yes. Unlike a residential lease, a commercial lease is not regulated as its a contract between businesses and agreed upon terms are not restricted. Hopefully that helps.
Will she have to give me the house or sell it and give me the amount of money started that she owes me
answered on Oct 27, 2020
Talk to your attorney to help prepare and present your motion for relief.
A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?
answered on Sep 28, 2020
This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way... View More
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