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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 26, 2024

In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I judge refuse to look at evidence for stolen property deeds was told if I wanted my land back should got lawyer.

My mother who is disabled on a fixed income and her siblings had their land stolen by their step sister when she had power of attorney for her father. He revoked power of attorney stating that she had no permission to do any of this he had no idea this happen until he went to pay taxes . He... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

It depends on many facts not stated in your question. A judge usually does not look at any evidence until a trial or evidentiary hearing on a matter. Prior to the trial/hearing, a litigant almost always has a duty to disclose his/her evidence in the discovery process. Evidence not properly... View More

1 Answer | Asked in Real Estate Law for California on
Q: I need a pro bono real estate lawyer urgently to stop the destruction of our fence that stood for over 40 years. Help?

The estate is currently in probate. Our neighbor has torn down half our fence already without my consent. The survey her surveyor made will disrupt the function of our driveway and we will not be able to drive to our garage. It is currently 9 feet and 2 inches wide which already very narrow. We... View More

James L. Arrasmith
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answered on Feb 26, 2024

In California, when facing a dispute involving real estate, especially one as urgent as yours with potential for significant property impact, seeking legal assistance promptly is crucial. Since you're looking for pro bono services, you might consider reaching out to local legal aid... View More

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Can my brother-in-law’s aunts and uncles take away his home and property?

My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2024

Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
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answered on Feb 25, 2024

The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: How to fight a fraudulent lien from a contractor

We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.

James L. Arrasmith
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answered on Feb 24, 2024

In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not... View More

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

James L. Arrasmith
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answered on Feb 24, 2024

In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: How does PR verify or confirm if there are additional heirs entitled to inheritance? is the heir process a civil process

I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: May New Mexico HOA Board members meet informally to discuss possible agenda issues in private, if no decisions are made?

These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.

James L. Arrasmith
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answered on Feb 23, 2024

In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More

1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him on time and he is refusing to give us the deed and hold up his side of the deal he is trying to kick us out and take our house. What can we do?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, it's important to gather all documentation related to the agreement you had with your father-in-law, including any written contracts, receipts of payments made, and correspondence discussing the terms of repayment and transfer of the deed. This evidence will be crucial in... View More

2 Answers | Asked in Family Law and Real Estate Law on
Q: Is it possible for me to formally object to the donation of my family's land so that it cannot be given to someone else?

My mother, under the influence of other people, wants to donate her land to another person without giving it to her legal heir.

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answered on Feb 23, 2024

Yes, it is possible for you to formally object to the donation of family land in order to prevent it from being given away to another person. Here are a few options to consider:

1. File a lawsuit to prevent improper transfer: As the legal heir, you can file a lawsuit seeking an injunction...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: Good morning, How would i go about suing someone that sold me a house that was already sold, and refuses to pay me back?
James L. Arrasmith
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answered on Feb 23, 2024

Good morning! If you find yourself in a situation where you've purchased a house that was already sold to someone else and the seller refuses to refund your money, taking legal action might be necessary. Initially, gathering all related documentation, such as the contract of sale,... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Tax Law on
Q: How do I sue a state agency for negligence

Lost properties for tax default when after they sold at auction the agency has stated that they made a mistake and want me to except my overpayment monies and I was not defaulted and this probate is still on calendar

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answered on Feb 22, 2024

To initiate a lawsuit against a state agency for negligence, especially in a case where it involves the wrongful sale of properties due to a tax default error, you first need to understand the specific legal procedures and requirements in your jurisdiction. In many cases, before suing a government... View More

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1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

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answered on Feb 22, 2024

It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas on
Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?
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answered on Feb 22, 2024

In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More

Q: If i have a lot of money can i just buy a huge land like 100acre and do anything on it private house,horses US,Washingto
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Washington real estate/land use attorney could advise best, but your question remains open for four weeks. You could enjoy many activities on 100 acres of land. But you'd still need to comply with environmental, zoning, public health, and other public rules and regulations, as well as not... View More

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Litigation for California on
Q: How to Serve a Subpoena (SUBP-001)?

I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More

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