Get free answers to your Real Estate Law legal questions from lawyers in your area.
My mom died 4years ago and her home was in her and her deceased husband's name. She had no will. She was remarried at the time of her death but the home was never in my step dads name. My stepdad recently passed away and has no kids so who does the house go to?
answered on Apr 16, 2018
Under Washington intestacy laws (which govern in the absence of a will), your surviving spouse inherits all of your community property and half of your separate property if you have surviving children.
Your situation is somewhat complicated. The first question is who inherited her previous... View More
My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More
answered on Mar 6, 2018
Did you recently pay off your mortgage or refinance? That is the document the bank files to release their lien on the property.
For our three separate rental buildings, we paid a lawyer to form three separate LLCs. However, those LLCs were never put on the property titles. He never advised us to do so, nor did he advise us to update contracts with our tenants with the new LLC information, so our tenants still write us... View More
answered on Mar 6, 2018
From the information provided, it does not seem like the LLCs are doing anything. Ideally, you would want the LLC to own the rental property, to be the landlord in the lease, and to be depositing the rent into the LLC account.
I owned a home for 16 years, after my divorce I had to refinance to get the ex off the loan. I had a mutual friend (boyfriend) that offered to co-sign on the loan. I had a Tenants in Common contract in place. And, we both signed a Deed of Trust and a Quit Claim Deed at closing. The... View More
answered on Mar 6, 2018
It would be very hard to answer this question without knowing more about what his basis is for claiming he owns 50%. Regardless of the strength of his claim, he can certainly try to assert he is entitled to 50%.
My mother passed June 1, 2015, I got served with court papers February 18, 2018 regarding real estate property which she did own but it got foreclosed-- the sherriff's office got involved.(date escapes me right now) Then she rented an apartment for two years but in an out of the hospital and... View More
answered on Mar 6, 2018
There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there... View More
How to keep property from probate?
answered on Jan 2, 2018
The best course to resolve these issues (i.e. transfer of real property and efficacy of lien) is to use the probate process. Depending on whether he was married at death, his spouse or an interested party may open probate by seeking appointment as the "Personal Representative" (executor)... View More
Do we have any rights to stay after they pass away? We currently live there.
answered on Sep 22, 2017
Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements... View More
Hello we were suppose to close on a home June 27th. Financing was/is not a problem we are the buyers. It just took a little longer then expected (2days more) we did ask for an extension in an addendum,no response The sellers did not complete there end of the 35r. The sellers agent, does not respond... View More
answered on Jun 29, 2017
Actually, from what you've said, it appears you breached the contract to purchase the home. The Sellers appear to have been ready, willing, and able to close the sale at the appointed time, while you failed to do your part. There was no requirement that the Sellers agree to an extension of... View More
In my lease agreement: "Tenant and/or Tenant's guests will not use, allow use, purchase, sell, or possess any controlled substance or drug paraphernalia ... [or firearms] ... on or near the premises." Since marijuana is legal in Washington state, would it still count as a... View More
answered on May 23, 2017
Legally, yes; marijuana is still a controlled substance. And paraphernalia can be just about anything used to ingest or store drugs (the definition is: all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating,... View More
But his grandson has been living in the house with grandpa for months wants to take it over and the power on does
answered on May 2, 2017
As long as the power company gets paid, they'll turn on the power.
The house stays in grandpa's name until it's foreclosed on and the bank owns it or someone probates his estate and sells or transfers it.
The grandson needs to go see a lawyer about his options if the... View More
I have 2.5 acre along the Lewis River, I have mineral rights and an updated Land Patent from the Oregon Land Grant act.
A structure was built in 1968, one year before Clark County WA code development existed. The structure was removed in October 1997, because of a flood caused by the 3 dams... View More
answered on Apr 25, 2017
A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.
Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan
answered on Mar 10, 2017
I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is... View More
and have a notary about adverese possession and some showed up claiming to be the owner what rights do i have
answered on Mar 3, 2017
Your rights are probably limited to gathering your things and going peaceably or risk being forcibly removed. Your attempt to establish ownership by adverse possession will probably fail, because the period for which you must actually, openly, notoriously, continuously occupy the property against... View More
My mom was prey to a predatory loan. Shortly after her husband of 35 years passed, she was talked into a reverse mortgage, and told she wouldn't have to worry about anything. When I came into the picture, they had paid for 3 years. I tried to get her exempt from property taxes every 6... View More
answered on Feb 2, 2017
You need to contact a local bankruptcy attorney and schedule a consultation as soon as possible. If you are facing foreclosure and if it is appropriate you want to file the bankruptcy before the foreclosure sale. Once the foreclosure sale takes place your options will be limited if not gone... View More
We've been in and out of the house over the last three years between renters. Does every day count or is it "generally" two years. What kind of documentation is required?
answered on Dec 15, 2016
It's a hardline rule, 1 year 364 days doesn't work. It's also more complicated than just 2 of 5, there's 5 steps that can be found at https://www.irs.gov/publications/p523/ar02.html#en_US_2015_publink10008937. IRS Pub 523.
The fence has been standing for ten years in the state of Washington. The fence was put up by my family, so they did not actively seek to take the land from us. We want to move the fence over by 4 inches to accommodate the new home we built. They are claiming adverse possession. They have not... View More
answered on Sep 13, 2016
The state law governing adverse possession is at RCW 7.38 (http://app.leg.wa.gov/RCW/default.aspx?cite=7.28&full=true). Generally, to make such a claim they must have been actually possessing the land in an open, notorious fashion, in good faith, under a claim of right for a period of 7 years,... View More
Without naming the case or people. My family (older Aunt) had a case of dormant mineral rights that she lost in October 2014, now my cousin that is a lawyer in CA says that we may have a malpractice suit since the law firm that represented her also represented the same oil company that was against... View More
answered on Nov 3, 2015
You have placed your question in Washington law, but it appears that it really should be in North Dakota law.
Sure, by all means seek another opinion. It doesn't hurt to ask.
having some debt issue with one of their previous lenders. We have legally owned the home for a week but cannot get into the property. Is that legal, do we have any recourse short of hiring a locksmith? Who's responsibility is it to make sure we get keys upon title company recording with county?
answered on Oct 23, 2015
You perhaps could sue; ask an attorney in your jurisdiction. But I suspect a locksmith would be a lot cheaper.
The house has a reverse mortgage and the agent said their fee is 5%
answered on Sep 20, 2015
Why not ask them? By my calculations, 5% of $350 K is $70 K.
And it you believe what they are asking is too high, shop around.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.