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My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More 
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More
answered on Mar 7, 2025
The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More
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answered on Mar 7, 2025
If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
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answered on Mar 7, 2025
The Will devise is your source of title. When you are able to sell it during the Probate process, then your Deed will have the devise to you as the derivation of title in the legal description. It should specifically cite the will book, page number and docket number of the Court where it was... View More
My brother passed away in December 2024, and I am the personal representative for his estate in Michigan. His wife passed away in 2013. They lived in a home purchased during their marriage, but only his late wife’s name was on the deed. My brother never had the property transferred to his name.... View More
answered on Mar 8, 2025
You don't 'update' the deed. You probate the will and it looks like you will also need to probate his wife's estate as well. I strongly urge you to consult with a local (to the county where they lived) licensed probate attorney to walk through what steps may be necessary.... View More
I purchased a property at a state auction in North Dakota, which included an abandoned house. The deed provided did not mention this house or any structures, only township, range, and parcel information. Given that the auction documents also did not reference any structures, do I legally own the... View More
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answered on Mar 7, 2025
Deeds need legal descriptions of the property conveyed, not what improvements are thereon. That is what the tax assessors are concerned with. Search the title and the land you bought should be yours including structures permanently affixed.
I started a lawsuit against Pennsylvania American Water because I was being charged an exorbitant amount for water usage, equivalent to an Olympic-sized pool, for my one-bedroom apartment. My landlord and an independent plumber confirmed there were no leaks or issues with the plumbing.... View More
answered on Mar 7, 2025
A Pennsylvania attorney could advise best, but your question remains open for almost a month. This might be too complex a matter for attorneys to offer a quick and direct response to on a public Q & A forum. If you approached an attorney on this, they're going to want to examine the... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Mr. Sternberg is correct - you need to consult an Elder Law attorney before you do something foolish. To find one, you can go to the Virginia Academy of Elder Law Attorneys (VAELA) website - www.vaela.org - and find several near you. The system indicates that you're in Northern Virginia -... View More
I am in the process of purchasing a property and was instructed by my realtor, the seller, and the closing attorney to provide additional money obtained from a title loan company as an unexplained fee, which was not part of the original agreement. They advised me to wire all my funds without... View More
answered on Mar 7, 2025
No one who wants you to sign these docs appears to be loyal to you and you alone. A few questions:
Are you buying a home or an investment property?
Is the seller very eager to get rid of it?
Is there a lender?
Is the closing attorney working for you, the lender,... View More
I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing... View More
answered on Mar 6, 2025
You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More
I am the personal representative of my brother's estate in Michigan. He purchased a home with his late wife in 2008, who passed away in 2013. The deed is currently under his late wife's name with "estate" noted after it. My brother never had the deed changed to his name. His... View More
answered on Mar 8, 2025
You will need to provide the probate attorney with a copy of the deed. If the language on the deed is drafted properly, then the property interest may not need to be probated. Deeds contain language that has far-reaching consequences, so that is where most attorneys would start, by reviewing the... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More
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answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More
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answered on Mar 5, 2025
Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More
I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More
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answered on Mar 5, 2025
If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
answered on Mar 5, 2025
An Enhanced Life Estate Deed (Ladybird Deed) is one option to accomplish your stated goal and will avoid probate, if that person predeceases you, that will be a problem, and you will probably end up right back in probate. While a Trust would cost more, it would also avoid probate and give you say... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
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answered on Mar 10, 2025
A Lady Bird Deed (Enhanced Life Estate Deed) is a great way to avoid probate while keeping full control of your property during your lifetime. It allows you to name a beneficiary who will automatically inherit the home upon your passing, without the need for probate. You can sell, mortgage, or... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
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answered on Mar 5, 2025
It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.
However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
To answer this question specifically, we'd have to know more. Specifically:
1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of... View More
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