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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.

If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other...
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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

James L. Arrasmith
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answered on Mar 2, 2024

The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More

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1 Answer | Asked in Real Estate Law for California on
Q: What options are available to resolve a neighbor dispute when your access to property is blocked

In front of my property is a vacant 1035sq open space lot that is owned by my neighbor ,two other neighbors also cross his property to their homes. We have known the previous owner for years and would park there along side his vehicles we became the owners as of 2019 and continued to use the... View More

James L. Arrasmith
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answered on Mar 2, 2024

In California, when access to your property is blocked by a neighbor, several options are available to resolve the issue. One common approach is to attempt mediation. Mediation involves a neutral third party helping both sides reach a voluntary, mutually acceptable resolution. This can be a... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My home deed has a different last name than my Florida drivers license license is in birth name addresses match ss numbe

Numbers match how can they deny my homestead application

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 2, 2024

You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... View More

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

T. Augustus Claus
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answered on Mar 1, 2024

As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: What trespass and 4th amendment rights do residents in an HOA with "common" and "limited common" elements possess?

Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More

James L. Arrasmith
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answered on Mar 1, 2024

Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2024

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

James L. Arrasmith
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answered on Mar 1, 2024

In situations like this, it's essential to understand your legal rights and protections as a tenant or cohabitant in the home, especially if there was no formal rental agreement in place. Generally, without a written agreement specifying otherwise, the ex-girlfriend's demands may not have... View More

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1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)

Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More

1 Answer | Asked in Real Estate Law for California on
Q: Im seeking to get ownership through adverse possession. The owner to the home (my great aunt) died over 20 years ago.

I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived... View More

1 Answer | Asked in Real Estate Law and Probate for California on
Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?

After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More

James L. Arrasmith
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answered on Feb 28, 2024

Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:

1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing....
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1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

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