what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... Read more »
He’s become petty and hinting that he can have my name removed from the deed without my consent, though ownership is 50/50. I’d like to sever ties and he can afford the buyout. Also, he has the only deed in his possession. Any advice is appreciated. Thank you
Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'...Read more »
The buyer wants to have a letter notarized that she will be buying the home and is giving money to the seller to do so. She is unable to complete the entire transaction due to time constraints at the moment and would like to know if the notarized letter will hold up in court.
It does not sound like the so called buyer is actually buying anything. Land is usually transferred between living bargainors by Deed and there are several statutory requirements for a Deed to be recorded and enforceable. She needs to hire a competent SC attorney and forget about the notarized...Read more »
My mother is a co-owner on my home. The mortgage is paid off, but she does not want to put the deed in only my name. Is there anyway for me to remove her name from the deed and title? She is not and has never lived in the home with me. Also all the utilities are in my name.
The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »
S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien...Read more »
Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »
With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children
You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of...Read more »
My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »
She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.
My dad passed this year. According to his will, he left his house to his gf as life estate. If she decides to leave, we are to sell and split 3 ways (her, myself and my sister). I haven't heard anything about whose name the deed goes in, who is responsible for insurance policy and whose name... Read more »
Was the Will Probated? If not, it has no effect. If Probated, the Executor supposedly must sell the home if she leaves prior to death. The proceeds would be disbursed according to the Will Devise. The Deed would be from the
the three Remaindermen over to the purchaser. I do not...Read more »
half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now... Read more »
There are many options that can be explored to transfer title to you as part of the estate administration and probate process. If all of the other siblings are agreeable to transfer the property to you there can be an agreement signed or they can waive their interest in the property. A lawyer can...Read more »
Years ago my mom left me and my brother half of everything. He told me he couldn’t help me with my medical issues anymore so he told me to sign some papers for my medical to get help. I didn’t sign them until he threaten me to hurt my family so I signed the papers . Years later after he died... Read more »
There is probably no grounds to set aside the Deed. Also the SOL may have run. You might check the title and taxes. And the Mother may have not owned the property in fee simple like you assume. If there was a Will involved, it had to be Probated or had no effect.
my sister has been residing in the home for over 10 years. she pays rent monthly. my mom just passed away 2 months ago today. can my father just turn the home over to her or is he next in line for it. how does that work?
Possibly your Father owns it as the surviving spouse. Whatever the case, hire a competent attorney to search the title, determine heirship, execute an Affidavit of Heirship, and then decide who wants the property by Deed from the owner.
My father lives in my grandfather’s house, however his name is not on the deed. The deed has my grandfather and my uncle’s name on the deed, both who are deceased. My uncle has two sons, one who is deceased. My dad has been paying taxes on the property for over 20 years. How to I get the deed... Read more »
My mother passed away some years ago and left me and my brother a house behind . so my little brother took over the house. Now that he passed away his children is trying to take over the house. So who has the rights to Inherited the house .
You will need an attorney to conduct a title search, then determine heriship. He should draft and record an Affidavit of Heirship as the source of title notice to the world who the heirs are. Then the heirs need to pay
taxes, insurance, etc. unless they agree to sell. A partition...Read more »
This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.
Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are...Read more »
A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder...Read more »
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