Terry Lynn Garrett's answer As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
Terry Lynn Garrett's answer It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
Tammy Lyn Wincott's answer Since this was asked in Texas Real Estate Law, I will answer according to that. Most likely, the wife obtained a 1/2 interest in the property at the time it was refinanced; however, your dad's will (once admitted to probate) will transfer his 1/2 to the named beneficiaries.
Kiele Linroth Pace's answer Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court records should be public.
Thomas A. Grossman's answer A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Terry Lynn Garrett's answer If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
Tammy Lyn Wincott's answer I'm not clear if your mother and father are still alive. If they are alive then they may want to execute a type of deed that would give you interest in the property. If they are not alive, then their wills must be admitted to a probate court. If there are no wills then there are other laws that determine who has the rights to their property.
You should consult with a probate attorney in your area.
Ben F Meek III's answer Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want...
Tammy Lyn Wincott's answer In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
Kiele Linroth Pace's answer If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Terry Lynn Garrett's answer Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Tammy Lyn Wincott's answer When you say you have the "bill of sale" are you referring to the deed? If so, you may want to record it in the County Deed records. Generally the owner of the property is only recognized by the chain of title which means whomever has the last recorded deed with their name on it.
Tammy Lyn Wincott's answer The will should be on deposit with the County Clerk's where it was probated. Once a will is entered for probate, the original is turned in to the County Clerk and will remain there. Perhaps, she can obtain a copy so as to expedite the process.
Tammy Lyn Wincott's answer I'm not sure I fully understand this question. A lot would depend upon the arrangements that were made to purchase the land. Similar to a home loan where you live in the house while paying the mortgage, many land sales allow you to live on the property. I suggest you refer to your original documents.
Kiele Linroth Pace's answer Did you lease the office itself or just an apartment within the complex? Either way, it is probably cheaper and easier to simply find a new place to live. It is expensive to get arrested, miss work, post bond, hire an attorney, attend court and miss more work, etc... not worth it over something that is easily resolved without those headaches that would probably last longer than your lease anyway.
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