(a) In addition to the property exempt from attachment as set forth in § 9-26-4, an estate of homestead to the extent of five hundred thousand dollars ($500,000) in the land and buildings, or personal property that the owner uses as a residence,...
§ 34-18-34. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.
If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover...
Neville Bedford's answer Negotiate that term with the seller. You will not be the owner until after the consummation of the sale. If the seller refuses to deliver unoccupied, you may well have to engage an attorney to assist you with the eviction.
Neville Bedford's answer If the value is such that it is not in your interest to consummate the deal, one of your options may be to cancel the sale. This will depend on the conditions you wrote in the P&S agreement. Consult with an attorney to evaluate your position.
Neville Bedford's answer Speak to an attorney to discuss the impact of what you are considering. It may turn out that what you need is a will. There are tax implications you should consider as well. There are ways to achieve what you desire without having to give the house to him all at once.
Neville Bedford's answer Your boyfriend was very kind to guarantee your brother's mortgage. I am sorry your brother is ill. If he sells the property, your brother will be needing a new place to live. If he also owns the other lots you speak of, he can do with them as he wishes. I hope this doesn't strain your relationship with your boyfriend too badly. 30 cats is a bit excessive. Your boyfriend would be well advised to consult with an attorney to assist in the eviction of your brother, his wife, and the cats.
Neville Bedford's answer Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in navigating the process.
Ben F Meek III's answer If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your...
Kenneth V Zichi's answer Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.
If what is going on is that someone has petitioned to become executor/personal representative and wants the other siblings (who each have equal rights to act) to 'sign off' and allow one person to handle the tasks, that is common and certainly appropriate under most circumstances, but it MIGHT cause issues if things are not...
Neville Bedford's answer If that is what the judge orders, that will be the order of the court. Of course, your attorney will have more specific instructions for you to ensure you don't get caught in some procedural trap for the unwary and untrained.
Neville Bedford's answer Caveat emptor ... "maintenance fees into the stratosphere" are not uncommon. There is now an emerging market to resell these "fractional ownership" interest though you will not likely recoup your total investment nor sunk costs. At least you should be able to sell it and stop the maintenance fees cntinuing into the stratosphere
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