Your current state is Virginia
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... Read more »
answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... Read more »
Need to transfer real estate from intestate decedant to the Estate per Personal Representative
answered on Mar 30, 2023
In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... Read more »
Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of
dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.
answered on Mar 30, 2023
May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... Read more »
We are trying to sell our church, but there is a stipulation in the deed that the family that donated funds must agree & sign. That member is deceased & we have been trying for over 3 years to get a signature from a relative (family of deceased member). Are there any ways to get a clear... Read more »
answered on Mar 30, 2023
There are two main solutions you could pursue depending on the circumstances, but both involve going to court: 1) Quiet Title - this is a lawsuit that seeks to clear up a title issue, like a missing heir. This option would give them an opportunity to sign, or if they were non-responsive, transfer... Read more »
We have kids together so I let her stay there now she has a guy coming over and staying anything I can do to stop him from being able to move in my house?
answered on Mar 30, 2023
There is a simple solution. Force a sale of the house through a partition action. If the property cannot be evenly split, which is very difficult with single-family residence property, the court will order a sale. Get a free consultation to confirm your situation works for a partition action, but... Read more »
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... Read more »
OpenDoor was the owner/seller. We had it inspected before closing and it was noted it had been treated for termites but no mention of damage or live mites. We paid full price because opendoor would not negotiate price. After closing we found extensive termite damage and live mites. Many of the... Read more »
answered on Mar 30, 2023
In order to prevail in a lawsuit against the seller, you will need to prove that the seller was aware of the termite damage and infestation and that the damage and infestation were hidden such that they could not have been discovered before you purchased the home.
You mention the inspection... Read more »
Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... Read more »
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answered on Mar 29, 2023
If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.
If the property did not go through probate, then that may need to happen so the deeds... Read more »
We have maintained the HOA property adjacent to us for over 30 yrs. By-laws don't mention the sale/purchase of hoa property but amendments must pass by 2/3 vote. If a vote was passed to allow purchase, WHAT ARE THE NEXT STEPS FOR US TO PURCHASE THE PROPERTY. The board has asked us to find... Read more »
answered on Mar 29, 2023
Want to buy it as in 'and remove it from the HoA'?
Want to buy it and keep it IN the HoA?
Want to fraudulently report it as 'not a sale' so the HoA doesn't have to pay capital gains tax?
While the last one is 'shady and likely to end you up in... Read more »
My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.
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answered on Mar 29, 2023
A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.
If you and your brother are both listed on the... Read more »
I am aware of the real estate laws without a will. Do I need my sibling’s permission and is the second floor considered a separate residence ?
answered on Mar 29, 2023
Building the structure is not the issue. Your would not be able to file ownership of the structure, so long as probate procedures have not been completed. No one can assume or transfer a right that they do not personally possess. Allow me to elaborate.
Upon a person's passing -... Read more »
I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?
answered on Mar 29, 2023
No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... Read more »
answered on Mar 29, 2023
This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.
I agree that a real... Read more »
My husband is a contractor and may be sued. Several years ago he deeded me some of his property purchased before our marriage as my sole and separate property. I know our community assets are in danger if he loses but will my separate property also be in danger?
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answered on Mar 29, 2023
Under California law, property that is designated as separate property is generally not subject to community property laws or community debts. If your husband deeded the property to you as your sole and separate property before any potential legal action against him, that property may be protected... Read more »
My parents purchased a multi family property with my aunt years ago as tenants in common. My parents created a life estate with me for their portion of ownership and my aunt created a separate life estate with her children for her portion of the home. My parents passed away so I acquired their... Read more »
answered on Mar 29, 2023
How does your Aunt prevent you from leasing your share of the house? Does she prefer that the investment potential of the joint ownership suffer and then also will not pay her share of property tax?
I gather your Aunt does not want to pay her share of the property taxes and your cousins... Read more »
I will be the seller, beneficiary, and trustee. The buyer will be paying me for a period of no longer than 4 years. Does the deed stay in my name until the buyer pays off the promissory note, or do I sign the deed over to the buyer when we sign the Deed of Trust agreement?
answered on Mar 28, 2023
You will be the grantor of the Deed to the grantee. Then the new owner gives you a Deed of Trust to secure the repayment of your Note under which you are the beneficiary. You cannot be the Trustee, as such a Trust is a three party transaction. I strongly recommend you hiring a NC attorney to... Read more »
Hello,
My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.
My father owes a large sum of money to the rehab nursing center he was in when... Read more »
answered on Mar 28, 2023
It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... Read more »
The seller sell to so.eone eles
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answered on Mar 28, 2023
The answer to this question depends on the specific terms and conditions outlined in the contract that was signed by the buyer and seller.
If the contract includes a contingency period, which is a specified period of time during which the buyer can perform due diligence on the property and... Read more »
My uncle has a mobile home on our property that he used to live in and now he is renting it out. Due to family issues we want him to have nothing to do with our property, does he have the right to keep renting it out or does he have the right to take it even though it's been on our property... Read more »
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answered on Mar 28, 2023
The legal rights and options for your uncle's mobile home on your property will depend on the specific laws and regulations of your state, as well as the specific terms of any agreements or contracts between your uncle and your family.
In general, when someone places a mobile home on... Read more »
Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??
answered on Mar 28, 2023
In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... Read more »
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