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Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Is it possible to kick an ex out of our house and off the deed/mortgage?

We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).

How can I get my EX name off the property since I have been the only one paying the... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 25, 2024

What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is it legal for a person to block off a deeded easement to try and create the closing of it

We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate... View More

1 Answer | Asked in Real Estate Law for California on
Q: I have a co-signer on my house how can i get them off if they been acting like a delinquent

He left with two months rent and almost i almost lost the house im trying hard to keep my house

James L. Arrasmith
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answered on Mar 24, 2024

In California, removing a co-signer from a house mortgage involves a few steps, and your approach will depend on the specifics of your situation. If the co-signer has agreed to be removed, the most straightforward method is through refinancing. By refinancing the mortgage in your name alone, you... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: I own a condo in Birmingham Al who has an HOA The waterline is broken i can hear water spraying under Down stairs Bath

Water is not leaking my bathroom but under floor in bathroom

There is another water leak from broken waterline behind Exterior Brick wall near front door water pores out thru Bricks & once Fawcett is turned on the water pores out & no water pressure upstairs

I've... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.

I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.

Then send it again three days and again three days later....
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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
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Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My husband is only one on deed to our home He is refinancing and is the borrower Why do I need to sign

I don’t want any responsibility as we are close o divorce

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2024

In Ohio, spouses have marital rights (called "dower rights") in all the real estate owned by the other spouse, whether their name is on the deed or not. So when selling or mortgaging any real estate, both the owner named on the deed, and the owner's spouse, must sign. The spouse... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My husband is only one on deed to our home He is refinancing and is the borrower Why do I need to sign

I don’t want any responsibility as we are close o divorce

Todd B. Kotler
Todd B. Kotler
answered on Mar 22, 2024

In Ohio, dower is the right of a spouse to one-third of their deceased spouse's real estate, including the right to live on the property and receive rent or profit from it (contingent upon one spouse surviving the other). Dower rights are intended to protect spouses who don't own the... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??

Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??

James L. Arrasmith
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answered on Mar 21, 2024

In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??

Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??

Karn Thapar
Karn Thapar
answered on Mar 22, 2024

Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I am a 72-year-old man in L.A. County with two renters. They have been given noticed to vacate in two months.

I want to sell the property (which I also live on) and move to Illinois to live with my daughter. The animosity I'm getting is keeping me up nights. Should I just get up and leave to spare myself the bad vibes I feel? My wife died in December and I lost her $1,100 social security. I... View More

James L. Arrasmith
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answered on Mar 21, 2024

It's understandable that you're feeling overwhelmed given your current situation. Deciding whether to stay or leave your home before selling it is a personal decision, but it's important to consider your health and well-being. If the tension with your renters is causing significant... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

James L. Arrasmith
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answered on Mar 26, 2024

When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 21, 2024

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

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Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

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