This sounds like a necessity on the part of the landlord to provide a utility to everyone. I would want to look at your lease but as long as the actual time in the apartment is minimally invasive and less than say a few hours, i'd say this is not something the courts would entertain. Refer... View More

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

You may or may not have claims for his visiting without at least 24 hrs advanced notice depending upon the exact details. As for frequency, a landlord may enter your property for maintenance and a variety of purposes, normally only with at least 24 hours advanced notice, as often as necessary to... View More

Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More

With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2025

If they repossess the car, sell it, realize a note deficiency, then they can sue you for the remaining balance due. When they get a judgment, then they can execute on home. Creditor can only foreclose on home if you gave them a security instrument against it.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2025

You can also avoid probate using a trust, which is a better solution. Your mother should consult with an attorney about the adverse consequences to her of the outright gift method if she ever needs to go into a nursing home. You should consult an attorney regarding the adverse tax consequences to... View More

It sounds right, but you would be well served to plan her estate at once instead of piecemeal. For example, you write of a Maryland house, but the question is posted from DC. The state estate and inheritance tax is different in those two places. And, Ms. Whitehurst is correct that a trust does this... View More

I agree with the other two answers. Setting aside the question of qualifing for Medicaid for longterm nursing home care (assuming she would even qualify for Medicaid given her assets), from your financial standpoint it would make more sense if she purchased the house in the name of her existing... View More

At least 2 other options would avoid probate without triggering the need for a gift tax return and without losing the stepped up basis as would happen with an outright gift purchase. One such option is to hold the property in a Revocable Living Trust, the other would be to hold through a life... View More

Yes. Your rent is due when its due. The grace period applies to the imposition of late fees. Most landlords are not going to whack you on an eviction for being late once and you pay within the grace period, if you've otherwise been a good tenant.

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More

Both adjoining landowners have legal responsibility to maintain, repair, and replace a fence that is on the property line between two adjacent tracts of land. Most homeowners' insurance policies cover "other structures" including fences for damages caused by natural disasters.

Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More

While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More

If you and your partner decide to separate, and assuming you cannot agree concerning your jointly owned home, a partition action can be filed with the superior court to force the sale of the home. The court will appoint a real estate agent to sell the home and then will decide how the net sales... View More

As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.

Upon approval you... View More

Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may... View More