answered on May 17, 2022
If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.
Husband and his sister inherited a house in West Virginia after their mom died in 2017. Sister had been living in the house since then and doesn't want to sell or buy out his half. Plus she has made the house much worse condition since it was left to him. Husband and I live in Arizona. What... Read more »
answered on Dec 28, 2021
Assuming there is sufficient equity, a suit for an Sale For Partition should be filed. Hire a competent WV attorney that knows real property litigation.
The piece in question was to be given to a deceased party who surveyed it but never recorded it. They passed away and the heir is now saying it was theirs. The lawyer who created the deed for the property that was given to me said it wad never recorded and not legal and so my deed reflects I own... Read more »
answered on Sep 17, 2021
Do you have a recorded Deed which has a legal description including the disputed property? Hopefully you do and the grantor had title to convey. It sounds like you already have a lawyer that is telling you that you own it. Right now you might want to search your title again and possibly the... Read more »
answered on Sep 16, 2021
Assuming you have a Contract for a Deed, which is actually a Lease With Option to Purchase, you can probably only sell what you have which would be a sublease.
Read your Contract and see if it prohibits assigning your rights under the Contract. More than likely all you can do is leave it... Read more »
answered on Aug 4, 2021
Real Property is usually conveyed by executing and delivering a Deed, as it is a Contract.
An agreement to sell is only equitable conversion, which can be enforced by a specific performance suit. If no Deed, title has not transferred, but the Contract can probably be sued upon. The... Read more »
answered on Jun 21, 2021
A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »
Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.
answered on Jun 6, 2021
Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.
Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?
answered on May 5, 2021
The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.
The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will
answered on May 2, 2021
A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »
My husband and I purchased the acreage above our house. We got it surveyed to put up a fence for goats. We found out thE neighbors have trash, a dog pen, and a make shift shooting range (shooting towards my house) on our property. The land owner told me husband since they were on our land they... Read more »
answered on Apr 12, 2021
Adverse Possession is very real and can transfer title to real property. Hire a lawyer now to search the two adjoining tracts. The payment or non-payment of taxes for several years may be significant here. Your surveyor should have told you of evidence of adverse possession, and you have... Read more »
2nd if the land is wanting to be bought by realtor can they give my brothers legal advise on how to get me out. Like taking me to court
answered on Oct 16, 2020
You might buy out their (probable) one-third interests) and get a Deed from them. It could even be an owner financed mortgage. But ultimately the Brothers can file a Partition Action against you, which usually does not bring the best price. Realtors are not attorneys but agents on... Read more »
I am the remainderman of a life estate. I'm trying to recover the taxes that I paid for the life estate holder.
answered on Aug 12, 2020
You will need to hire an attorney to see if there is a cause of action against the life tenant for contribution. But the taxes are against the land which both of you own. So either of you must pay the taxes or you lose the land. Probably the only way to recover your paid in taxes is a Petition... Read more »
My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »
answered on Mar 5, 2020
You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.
Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... Read more »
answered on Feb 11, 2020
A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.
A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »
answered on Dec 20, 2019
You've successfully confused all the tax rules at one time. I'm a little impressed.
1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.
2. A house is a capital asset so if you own... Read more »
The search warrant had fun filled in blanks
answered on Aug 18, 2019
Was it an arrest warrant or a search warrant? What does fun mean?
Unles a statement is being taken from you, then rights do not have to be read. Urban legend
I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself... Read more »
answered on Aug 16, 2019
The first step you take is to hire a lawyer to advise you before you screw up this deal for good.
I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »
answered on Jun 6, 2019
Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »
She has/had $0 income nor input into home.
answered on May 24, 2019
Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up... Read more »
Hi, I live in West Virginia and recently purchased a house. However, after we moved in, we found that there is an active leak in the master bathroom that's very serious, the repair estimate is around $7000. The seller seems to be aware of this active leak but did not disclose this condition in... Read more »
answered on Jan 30, 2018
Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in... Read more »
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