Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More 
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answered on Oct 22, 2023
I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.
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answered on Oct 18, 2023
Hire a competent attorney to search the title and examine the documents.
My wife's uncle told us that we could do whatever we want with a piece of property and put us a home on it. I do A LOT of work on the property. And then my wife was told that he was informed that he had already told someone else that they could have the property. Is there anything I can do... View More
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answered on Oct 6, 2023
You set yourself up for this to happen, and as always, it did. A good lawyer might file an equitable action in Chancery for a lien for the benefit conferred. If there was any kind of contract, then a mechanic's lien might be filed, but you must also be ready to sue for enforcement a few... View More
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.
2 of the 4 guarantors on a commercial lease broke the lease and paid to terminate without the signature or approval of the 2 other guarantors. They (the 2 who signed) are now suing for full recovery after paying to terminate. In the termination agreement, it states “ Tenant represents that it... View More
answered on Sep 26, 2023
In the absence of an agreement to the contrary, a guarantor is not required to get the permission of another co-guarantor to negotiate and execute a release of his guarantee with the landlord.
Can the life tenant alone grant hunting rights in a joint ownership or do both parties have to agree?
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answered on Sep 18, 2023
If the remainderman is smart, he will require his okay also. Legally the life tenant can give a license, but it may make the remainderman upset, which could cause problems. The life tenant is advised not to give a license without the remainderman's consent.
My brother, my mother and myself live in separate homes, but on the same property ran by the same landlord. My landlord is having a dispute with my brother and is stating he will be evicting myself and my mother as well as my brother to ensure my brother stays off the property. After calling him... View More
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answered on Sep 14, 2023
Basically yes... However owner must file and serve a Detainer Warrant for possession. He then gets a Judgment, and after 10 days you are still there, execution by the Sheriff of a Writ of Possession occurs.
Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented
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answered on Aug 31, 2023
What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.
If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.
I was thinking of placing a simple suspended chain barrier across my driveway to limit access. If it is possible, how far must it be from the roadway?
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answered on Aug 30, 2023
If it is on your own property, and noone else has a joint easement there, you should have no problem. If fire or emts complain, I would ignore them. You might call McKenzie City and ask if there are any relevant municipal codes that apply.
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answered on Aug 21, 2023
Usually only a good lawyer that does real property litigation can get a client title on such property. Even in a tax sale, you need a lawyer.
Owner of properties deceased 10 years no probate. No immediate family. Unmarried partner of 40;years lives and pays taxes on all property and upkeep . Is she entitled to property transfer in her name?
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answered on Aug 14, 2023
She might be, yes, but there are facts missing from your description that could make a difference. Plus, it is not automatic. She would have to go to court to prove her claim. She should schedule a consultation with a real estate litigation attorney.
Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More
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answered on Aug 1, 2023
You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.
TN Property Inheritance: the will states Aunt 1 has 1/3 interest, Aunt 2 has 1/3 interest, & other 1/3 is split between nephew(1/6) & niece(1/6).
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answered on Jul 28, 2023
If there is a Will Devise then intestate succession has no application. Any tenant in common can sell their interest, but if the grantee does not get fee simple absolute he is a tenant in common with the titled owner that did not convey.
I lost my job recently and was late on June 2023 rent so they filed an eviction. The law states that unless it’s WITHIN 6 months they can’t terminate the lease and have to allow me the opportunity to cure. I also paid a week ago by money order not knowing they don’t accept money orders. So i... View More
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answered on Jul 13, 2023
You can defend yourself in Detainer Court, but there will probably be a judgment for possession. I advise looking for another place to live. Owner will almost certainly win on a rent dispute as basis for lease breach, but you might mitigate any claim for rent owing and damages.
Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More
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answered on Jun 27, 2023
Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.
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answered on Jun 21, 2023
Not sure of your question but an HOA can amend its by laws any way it wants, almost. That includes leaving out a former rule or clause. A challenger would need quorum shortfalls or a Constitutional issue to challenge any HOA change. Even then someone with standing and a justiciable issue... View More
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answered on Jun 9, 2023
If there is sufficient equity in the property, then a Partition Action is probably available. The Court can order the disbursement and custody of the other's funds. You will have to have a lawyer, who can get paid primarily from the sale proceeds.
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answered on Jun 8, 2023
I assume that you are trying to redeem a tax sale or an execution sale. Either way, you need an attorney to draft/send that demand letter, and to be prepared to file suit to enforce Redemption rights.
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answered on Jun 5, 2023
Detainer Warrant should be filed and served, For Possession Only (no money). If they defend that they have been there a long time or own it, Ejectment will be necessary.
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