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1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: Family home in life estate deed. If all agree to sell home before tenant dies, what tax implic tenant & remaindermen

Is tenant eligible for medicaid if home in 15 yr old life estate is sold Georgia

James L. Arrasmith
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answered on Mar 8, 2024

Selling a home held in a life estate deed before the life tenant passes away can indeed have tax implications for both the life tenant and the remaindermen. If all parties agree to sell the property, the proceeds from the sale are typically divided between the life tenant and the remaindermen based... View More

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Iowa on
Q: So my city council has an ordinance stating everyone has to have garbage service. My question is in several parts.

Is it legal for them to put my bill on my property taxes but continue to bill me for it without starting over? And if it is then is it legal for them to keep adding it to my taxes. Like lets say the first bill is 3 months late and its 300 dollars.they add that to my property taxes. Then three... View More

James L. Arrasmith
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answered on Mar 8, 2024

Municipalities often have the authority to enforce ordinances requiring residents to maintain garbage service, and they can implement various measures to ensure compliance, including billing methods. The practice of adding unpaid garbage service bills to property taxes is a common approach used by... View More

1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: What can I do about my neighbors using my shared driveway with a vacant residence? Can I legally block access?

My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More

Anthony M. Avery
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answered on Mar 8, 2024

Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

James L. Arrasmith
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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

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1 Answer | Asked in Real Estate Law and Contracts for Indiana on
Q: Signed expired purchase agreement on home. Contract states if not signed by seller and accepted by buyer before expirati

on then it's null and void and no liability on either party. Is the seller still somehow liable?

Debra Kradjian Stephans
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answered on Mar 7, 2024

This is basic contract law. There are 3 essential elements to a contract. Offer, Acceptance and Consideration. An offer typically has a time limit and if it does not it will be based on a reasonable time. Since there is a time limit on the purchase agreement in question, the offer expires when... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff out can I sell the trees

Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff to be out can I sell the trees the current buyer cut down and left in the yard

Debra Kradjian Stephans
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answered on Mar 7, 2024

If you sell your house "as is" you are leaving the property to the new owner the way it is with all of its flaws and conditions in conjunction with the terms of your contract of sale. Typically, if you are moving out of house, you take your personal belongings and anything else that was... View More

2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:

1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made...
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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

Anthony M. Avery
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answered on Mar 7, 2024

You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More

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