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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Thank You, She refuses to show me the Will and it is not registered at the courthouse. I’m trying to prepare.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I believe this is the 2nd part of an earlier question.

If so, you can force her hand by sending her a certified letter demanding the Will. Like I said earlier, even if it does give 1/2 to her, you get to live in the house until you pass-away, or get re-married.

It sounds like she is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My late husband left his half of the house to my daughter and I'm concerned about her forcing me to sell.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I assume when you said your late husband left his half of the house to your daughter, I assume it was done so with a Will. I would like to see the Will to give accurate advise. However, If you and your husband bought the property during your marriage, you can rest easy as you will get to use the... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

He was the only one listed on the mortgage. We are both on the deed and I have been trying to get off the plan for 3 months to resume regular payments. Now the mortgage... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 9, 2021

For title purposes, there appears to be no need for you to put the property through a probate proceeding, if that is the sole or most significant asset in your husband's estate.

Mortgage interest rates are near historic lows. Your best path appears to be to refinance the mortgage debt...
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can someone claim adverse possession of a property owned by a deceased person?

My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... Read more »

Jane Kim
Jane Kim answered on Dec 9, 2021

Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2021

Mortgages are negotiable instruments that can be freely bought and sold, without your consent. To determine what your options are, you really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney. Choosing a cheap attorney can often lead to expensive mistakes and/or... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a property title stating JOWRT gives us both 50% interest in the sale proceeds of the property?

I am going to be selling a home that I own with my ex-boyfriend. He put in 100,000 and I put in 50,000 towards the down payment, however, it is titled Joint Owners With Rights of Survivorship. (JOWRT) I proposed for each of us to take back the funds we contributed and then split the remaining... Read more »

Jane Kim
Jane Kim answered on Dec 8, 2021

Joint tenants with right of survivorship means you own half of the whole, meaning you split 50/50. To get around this, you should have a separate written agreement, otherwise 50/50 is the presumed ownership. How do you inform him of this? Just Google the term, it'll come up. (-:

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I file a claim against the property owner for damages due to a fire, which has left me homeless??
John Cucci Jr.
John Cucci Jr. answered on Dec 8, 2021

Your question leaves me with a lot more questions.

I assume you were the tenant at a property. I also assume there was a lease. If so, then the lease may have covered this issue and usually rules the situation.

If not, and you are saying that the fire and damage was caused by...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

3 Answers | Asked in Real Estate Law for Michigan on
Q: My parents both died and left me their home, which I have always lived in. I am on Mental Disability.

my cousin had me sign A mIchigan Life deed and now keeps taking me to court to try and evecit me, he is now suing for a Quiet Title. What are my rights?

Brent T. Geers
Brent T. Geers answered on Dec 8, 2021

A lawyer will need to review what the recorded deed says. You should definitely look into finding an attorney.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I would like to remove a tenant from a building I am looking to purchase.

If I am buying a commercial property (which is currently leased to a tenant with 6 yrs remaining on their lease). I would like to make use of this property for my own retail use.

1. What can I legally do to remove the tenant?

2. Should I ask that property be vacated prior to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 8, 2021

You take possession of the property subject to existing leases. Unless the tenant voluntarily relinquishes possession, the tenant can remain undisturbed for the balance of the lease.

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for Texas on
Q: My husband has early onset Alzheimer's, he is 71 and I am 69. I own property gifted to me as my seperate property.

Can I file transfer on death deed to my children, possibly as a Medicaid asset protection trust devise if he has to go to nursing home?

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

There are a few different ways to handle your issue. The simplest is a "Life Estate" where you deed the property back to yourself for the remainder of your life, then it automatically goes to the person you wish to obtain the property after you die.

This is great if you have a low...
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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: My boyfriend and I are separating and we bought a house together. He won’t sign so we can sell the house
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

Hire an attorney to file an action for a Sale For Partition

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?

Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2021

Your question has a 'fatal flaw'.

There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no...
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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Michigan on
Q: Is there a way to pass on a property my S. Corp owns to my children without uncapping property tax?

I am the sole owner of my S. Corp.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2021

You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).

Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does...
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1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 6, 2021

Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Washington DC on
Q: Hello, I am a landlord in Washington DC and need advice on how to deal with my HOA and my tenant.

My tenant is renting via the Housing Choice Voucher Program. Lease started March 1, 2021. He pays rent on time, keeps unit clean and I haven't had any problems. The neighbors have complained about his noise levels and says he has become a nuisance, aggressive and harrassing. Board called a... Read more »

Laurence L. Socci
Laurence L. Socci answered on Dec 6, 2021

I am a DC landlord/tenant lawyer. As long as the tenant is not violating his lease, you cannot evict him. The evidence you discuss is not sufficient to warrant eviction. As to whether or not they can fine you, that depends on what is in any agreement you have with the Board. You will likely have... Read more »

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: I inherited a home 20 years ago and just found out about it. A relative has lived there. Am I responsible for liens?
Randy Bryan Ligh
Randy Bryan Ligh answered on Dec 6, 2021

More information is needed to respond to your question including the nature of the liens, when the liens were recorded, against whom the liens were recorded. Since your post implies probate or a succession has not occurred to transfer something which could have been transferred 20 years ago, I... Read more »

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