The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.
If it has been long enough, the entity may have turned...View More
4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More
Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:
- If there are multiple heirs, the executors have authority to sell...View More
Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.
Unless the lease says otherwise, you can negotiate what you think...View More
how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More
If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be...View More
You should look to the operating agreement (if there is one) to see how the decedent member's interest is handled. If there isn't one, then an LLC interest is considered personal property and if acquired during marriage would be considered as being held in joint tenancy.
She was suppose to be the deed and my brother the co-sign she doesn’t understand or speak English good so she trusted him and his been lying all this time now he’s moved in and been threatening her to sell the house and wants half the money when he’s not even paid a penny is he entitled to... View More
This is unfortunately one of the situations we warn against if a parent is considering adding their child as an owner on their home. The main question will be whether your mother was manipulated or bullied into the transfer. If she was not unduly influenced by your brother, and she really wanted...View More
She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.
If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or...View More
Your Mother should have informed the Court of the Title. A Rule 59 Motion To Amend The Judgment might be made now if within 30 days of entry. If all else fails you may want to file suit for Partition. You must hire a UT attorney now.
I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... View More
That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website...View More
I have no utilities on this property, the privately shareholder owned water company is transferring it to the county. This is how i found out there is an outstanding bill of 17 years for “membership” and late fees. These a bogus charges but i really don't want to pay an attorney to prove... View More
From your description, I see at least two issues: 1) how to get the water company to stop grouping both of your properties in your name in the same box for charges for water services, and 2) avoiding a lawsuit attempting to attach and sell the property to pay a claimed debt.
When you pay money for a piece of property, then you do have a claim against the person that sold you the property. But, the intended effect of a deed is to transfer ownership on official records. Until the deed is recorded, the transfer has not occurred in the eyes of the county and the state....View More
The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have...View More
Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?
The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.
Read your real estate purchase contract to see what if any...View More
2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... View More
My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.
This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at...View More
My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... View More
Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able...View More
Step one is to communicate with this person regarding what they expect to receive in a sale of the home. Any value gained since the purchase, will be funds in question. (A court may find that the increase in value must be divided, you won't know until you receive a final judgment from the...View More
The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of...View More
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