While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient...View More
Usually by a written deed that describes the real estate, describes the interest being conveyed, is signed by the grantor, is given by the grantor to the grantee and recorded with the city or town in the land records. There are other requirements but those are the main ones. Usually a lawyer...View More
I live in KY, but it was carried out in Rhode Island, and its hard to do things when your 1000+ miles away, and all the paper work is in a storage unit in RI, is there any other way i can go about finding out the information within it like the lawyers name? Something where i can get started??? Im... View More
The petition and order you are looking for are in the records of the probate court for the town or city in which your father last resided. You can call the probate court for that town or city and speak to the probate clerk, ask for a copy of the records. Probate records are not usually available...View More
I will speak to the company Monday, but I want to get ahead of this. The home is worth approx $100k more than I currently owe. I wanted to see what my options are. I do not have a lump sum needed to fully catch up with my payments, and have been working to adjust my payments so that I can resume... View More
The cash for houses websites are unlikely to be your best option. Selling the house is certainly an option. Also there are programs available through Rhode Island Housing for you to mediate the matter with the mortgage servicer to avoid foreclosure and explore your options to refinance instead. The...View More
If neighbors agree upon a boundary line then that can become the legal line, even if a survey based on the old line says otherwise. The problem you have is that the neighbor no longer agrees to the boundary line and wants to go by the survey instead. It might be hard to come up with evidence that...View More
Legal Descriptions give the angular calls and distances between corners of the property, or may be lot reference to a certain lot on a recorded subdivision plat, which then shows angles and boundary lengths for all lots. Some places use the rangeship/ township method of describing a certain parcel...View More
Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.
Yes, there is a Rhode Island that allows a common owner to sell the property, by bringing a civil action called a petition for partition and sale. The court will first review whether the property can be divided (partitioned) into a separate parcel of land for the petitioner. If so, then that is the...View More
What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?
You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior...View More
No, you do not have to retain the real estate until the case is done, but there are some things you should do before you sell it. You do need to gather your evidence while it is still fresh, and give the contractor the opportunity to do the same.
First, hire a registered contractor to look...View More
Rights of redemption usually refers to a municipal tax sale. The property may have been sold at tax sale and if so then you have a limited period of time to redeem it, by paying off the debt to the person who bought it at tax sale. There are deadlines stated in the notices that you receive. If you...View More
One of my brothers is considering buying the house. We will naturally charge him a lot less than the appraised price. Does the mortgage go with the house or are we responsible for paying it off before we sell it to him?
First a determination of who are the titled owners should be made. If the Mortgage is not satisfied and released, the brother takes the improved real property subject to the Mortgage. Apparently none of you all are personally liable on the Note, but if not paid, Foreclosure occurs. Remember...View More
The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her...View More
If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.
A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?
This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.