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Real Estate Law Questions & Answers
3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

1 Answer | Asked in Real Estate Law for Florida on
Q: own a home in Florida and would like to name a relative who lives in Puerto Rico as second on Deed of home.

To make it possible for this person to either refinance or sell home after my passing.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

You will want and should speak with a Florida Estate Planning Attorney, just adding a relative to a deed can be problematic based on what you have described, you may want to discuss with an attorney the option to add the relative via an enhanced life estate deed (ladybird deed) instead as an... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an "Agreement to Occupy after Closing" void if insurance requirement is not met by seller?

We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... Read more »

Katherine Goodman
Katherine Goodman answered on Jan 7, 2022

You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.

2 Answers | Asked in Real Estate Law for Michigan on
Q: When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause?

With 2 people being on the quitdeed in case something happens to one of them

Kenneth V Zichi
Kenneth V Zichi answered on Jan 7, 2022

Drafting a deed for the purposes of estate planning is far more complicated than 'filling out a deed'. If you want to insure your heirs are involved in long and expensive litigation over the title of the property, and don't care if you cut yourself out of your house, then by all... Read more »

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Alabama on
Q: I am having problems with a county agency over a drainage ditch behind my house.

I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »

William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can 1 unit in a self managed condo (top-bottom) have exclusive rights to backyard w/out having plat or doc notarized?

Bought a “self managed condo”. 2nd unit claims ownership of yard. Plat is certified by engineer but not recorded by city.

Richard Sternberg
Richard Sternberg answered on Jan 7, 2022

The plat is merely a resource. Review the deeds or get a lawyer to help.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How do I transfer a deed to a house under my name to my company

The property is in Texas and I’m the LLC is in Alabama.

Anthony M. Avery
Anthony M. Avery answered on Jan 7, 2022

Hire a competent TX attorney to draft and record that Deed. A good AL attorney could also draft such a TX Deed, but most will not want to do the research on how to properly do so. There may be tax implications also. But the Granting Clause to a LLC must be right and you will not want a mistake... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... Read more »

Christopher Tolley
Christopher Tolley answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan answered on Jan 7, 2022

A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »

1 Answer | Asked in Real Estate Law and Criminal Law for California on
Q: neighbor hired a fence repairman who cut down my very large 16 year old shrub. What are my options?

My situation involves a neighbor who hired a fence repairman to remove the last section of fence separating our properties under the guise of installing a new fence post where there wasn't one prior for the neighbor, instead the worker destroyed and uprooted a large shrub on my side of the... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jan 6, 2022

You may be entitled to up to three times your damages plus attorney fees. Obtain an estimate of the replacement value of the shrub and set up a consultation with a real estate attorney. Your options are to either settle or sue. There are various methods of negotiating settlements. You... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Adding someone to the Deed or creating a Cohabitation Agreement?

I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:

1. There is a mortgage on the home with an escrow account. Is... Read more »

Jane Kim
Jane Kim answered on Jan 6, 2022

These are all good questions.

Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is...
Read more »

1 Answer | Asked in Real Estate Law and Agricultural Law on
Q: During a storm, my neighbour's tree blew down severely damaging the entrance gate to a field I own.

He has paid for a replacement but who now owns the original, damaged gate?

Anthony M. Avery
Anthony M. Avery answered on Jan 6, 2022

In most States the original owner still owns that personal property, junk or not. Since the neighbor paid for a new one, you might want to offer the destroyed gate to him. Especially since you did not have to sue him or make an insurance claim.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama Real Estate re: sales contract Is there an inherent “cooling off” period allowing either party to cancel

Not specifically stated in the contract. In other words can the seller cancel the contract for no reason without consequence within a period of time (3 days, etc.)

Amanda B Cook
Amanda B Cook answered on Jan 6, 2022

Usually there are provisions in the contract that allow to cancel for specific reasons, such as not passing inspection or clouded title. You really need a lawyer to read the whole contract in order to advise you of the specifics, as they can all be different.

1 Answer | Asked in Real Estate Law for Florida on
Q: Is it worth going after an HOA for an illegal charge? I have pointed this out to them several times.

I owned 2 commercial condos.

I was going to rent one and the HOA consulted an attorney without my knowledge and wanted me to pay fees.

I sold the unit in question and have an estoppel letter from the HOA for that unit.

I am now selling my 2nd unit and they have transferred... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 6, 2022

It depends on the amount of the charge and the language in the condo documents as to whether or not they can demand legal fees pre-litigation. Some documents do provide the association is entitled to pre-litigation fees. It would not be a case of slander of title unless an actual lien was filed.... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: my grandparents left my uncle and mother property in NH. My mother recently passed away and I have a court date that m

he wants me to have no rights. i'm not on the will but guess have rights to half the property. is that true

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 6, 2022

There is not enough information to truly answer your question other than to say that the Will is an important instrument which could well address the issue of the interest in real estate and it is also unclear where your mother was a resident- Massachusetts? New Hampshire? as the State of her... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

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