With regard to Criminal Law, you being there is not Criminal Trespass, regardless of your status on the lease, as long as you have lived there long enough to be considered a "resident." Is your toothbrush there? Is your mail delivered to that address?
My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »
In theory, if your father left nothing but the house and had no debts (owed no income or property or other taxes, had no medical or funeral expenses, had no credit card debt, never used Medicaid, etc.), a title company would accept an Affidavit of Heirship and you could avoid probate. A court...Read more »
The seller missed the closing date bcaz he has a lien on his title which one we found at the very end from the title company and title company said this home can not be sold.we left our apartment for this home and now we are living in a hotel and put our staff in a storage which one is very... Read more »
You should contact a real estate lawyer who can review your contract for sale in detail and advise you from there. Much will depend on what your contract states. Typically, the Realtor has absolutely no control over whether or not there is a lien on the property.
The agent under a power of attorney can do no more than the person granting it. If that person is a convicted felon who has not had his rights restored, he cannot act as administrator of the estate and neither can his agent.
An Affidavit of Heirship only passes title to real property and...Read more »
My parents are going to gift one of their properties to me and my adult disabled child. There will be a substantial capital gains tax on this property. How do we go about transferring ownership without a realtor? When and how will this capital gains tax be due?
Your parents might incur a gift tax for the amount of the gift over $60,000 ($15,000 x2 recipients x 2 grantors), but it is not likely because together they have an approximately $22 million lifetime exemption.
The two of you (gift recipients) will inherit your parents' basis in the...Read more »
IN FEB. OF 2016 MY MOTHER ASKED ME TO COME STAY WITH HER TO HELP CARE FOR MY STEPDAD WHO WAS ON HOSPICE AND HAD ONLY A FEW WEEKS LEFT TO LIVE .MY 4 BROTHERS ALSO AGREED..SHORTLY AFTER MY STEPDAD DIED MY MOTHER WAS ALSO DIAGNOSED WITH CANCER SO SHE ASKED ME TO MOVE IN INDEFINETLY. SO I PACKED UP... Read more »
One can't just make themselves Executor of an estate without actually going to Court and asking the Court's permission to do so. If there has been no petition to the Court then that is where everything starts.
It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »
No your name does not need to be on it; however, the will does need to be probated at the time of his passing. He could also leave the house to you in a Revocable Transfer on Death Deed. Speak with an Estate Planning Attorney to find out your options.
In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »
The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.
The answer can vary greatly depending on the circumstances. Was this your mother? Was there anyone else ever on the deed? Will all siblings agree to let you have the real property and the vehicle, etc.? I suggest you contact a probate attorney or real estate attorney to assist with this....Read more »
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