tag:blogger.com,1999:blog-5450100923151442062024-02-20T01:48:54.555-08:00Property lawyer free consultation from Ruth BakerRamonchedhttp://www.blogger.com/profile/11443693674588348193noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-545010092315144206.post-63106982082168383312017-03-17T09:43:00.008-07:002017-03-20T03:37:33.629-07:00Legal advice real estate from Ruth Baker<div dir="ltr" style="text-align: left;" trbidi="on">
<h2>
Q: Just expired do I have to go threw probate if I'm my last living parent and the only child? </h2>
Lawyer Solution Vincent J. Bernabei <br />
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<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Vincent-J-Bernabei.jpg" /><br />
A: Your parent's estate might be subject to probate in case assets were owned by your parent in his or her own name at that time of his or her departure, and there isn't any joint owner nor any named beneficiary on your parent's account. Examples include a house in your parent's name alone, or a bank account in your parent's name with no payable on death beneficiary. According to the worth of your parent's assets, there are several alternatives to probate. For example, you may be able to transfer ownership of the assets by way of a little estate affidavit rather than a formal probate proceeding. That is a a cheaper and much faster procedure than probating the estate. <br />
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<h2>
Q: In the event the town preparing to deem the house condemned due to the sepetic can I ask for a continuance on a case eviction </h2>
They have not fixed them and have 5 health violations. Town is taking on those to court . Plus defamation of character. They lied to the town saying we are threating them and they need escorts to property. There's a ton of thing here but I dont need to invest money just to be put out on the basis of the disapprobation. <br />
Lawyer Reply Ali Ebrahimzadeh, Esq<br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ali-Ebrahimzadeh-Esq.jpg" /><br />
A: Why really would you intend to live in a condemned house? More details are needed to give an expert evaluation of your problem. The best first step is an Initial Consultation with an Attorney. You're able to also read more about me, my credentials, awards, honours, testimonials, and media appearances/ publications on my law practice site. I practice law in the following areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Business, and Education Law. This response doesn't constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship. <br />
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<h2>
Q: My neighbor has a camera pointed directly at my front door and bedroom. How can I request them to change the angle of it? </h2>
Weld County Colorado. The camera provides no surveillance of the owners property. <br />
Lawyer Solution Tristan Kenyon Schultz <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Tristan-Kenyon-Schultz.jpg" /><br />
A: You can just ask the angle to be changed by them. At issue is whether the camera use is an improper invasion of your privacy. While an attorney would need to examine all the details, you'll find nothing improper having a personal celebration pointing a camera at the front of someone else's home. This may be clear in the event the camera gets the capacity to view beyond what an ordinary passerby on the street could see. Colorado as well as the US have quite poor privacy laws (esp. When compared with continental Europe). <br />
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Q: I live in a house made of two flats the whole house is infested with bedbugs what should I do? </h2>
I've an apartment in Nyc, and Ive had bed bugs for the past 1.5 years due to the bottom apartment in my building having them. My landlord didnt fix the problem and has had someone who is merely a local bug man. Ive told her many times on the telephone and in person. She only asks me and that I keep because Im frightened she will kick me out paying. What can I do? Ive had to block my entire flat of and live just within my family room and sleep on the floor. <br />
Lawyer Answers Ali Ebrahimzadeh, Esq. <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ali-Ebrahimzadeh-Esq.jpg" /><br />
A: Observe: http://www1.nyc.gov/site/doh/health/health-topics/bedbugs.page More information are essential to give a professional evaluation of your issue. The best first step is an Initial Consultation with the Attorney. It's possible for you to read more about me, my qualifications, awards, honours, testimonials, and media appearances/ publications on my law practice website. I practice law in the next areas of law: Contracts & Company, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not represent legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship <br />
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Q: I own a condominium in Indiana and rent out my basement. It is a common entry. Do I need any type of renters or permit ins? </h2>
I live in this condo. I 've roommates in the basement who would not have a written lease with me. Just verbal. <br />
Lawyer Answer Alexander Florian Steciuch <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Alexander-Florian-Steciuch.jpg" /><br />
A: Where you live, it is going to depend. There isn't any statewide renter system or database. Some cities require all rental units within their jurisdiction to be registered. As an example, Bloomington requires that your property be filed with the city and inspected should you be renting out rooms or the property to other folks. Is your condo part of condominium association or a housing association? They might have significantly more rules regulating renters that you just would need to abide by in case you are part of this kind of organization. As a general guideline, it really is almost always a good idea to possess insurance to cover damage to the property and it's also bright of any renters to possess renter's insurance in the event of burglary, theft, fire, etc.. Finally, get your renter's lease deal in writing. In some cases in every case having something signed and in writing although its essential so that you can have an enforceable contract determined by the duration of the lease is preferable over a verbal contract. It helps protect everyone involved and gives the court something to examine if you ever have to litigate. <br />
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Q: My brothers and I own a home that was my grandmothers. None of us live in the home. </h2>
Medicaid aid will be most likely needed by among my brothers, it seems him being a partial owner when he dies I am concerned about medicaid retrieval, may not hinder that nonetheless. It is my understanding we own this dwelling as "tenancy in common". What are our choices for this particular property to prevent potential medicaid recovery or any assistance from medicaid? <br />
Lawyer Solution Dr Kenneth V Zichi J.D. <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br />
A: There CAN be recovery against YOUR BROTHER'S share of your home in the event that you possess as Tenants in Common. This could lead to a forced sale or other 'issues' for you along with another common owners, as the individuals who paid for the brother's care (the taxpayers) work to recoup the amount of money they paid. The just '100% simple and sure' means to deal with this is always to buy your brother's interest out then, and at its fair market value for him to use that money until it runs out to purchase his own care. You'll be able to look at some 'fantasy' medicaid qualifying trusts plus they MAY work, however finally, your brother using his own money to buy his care is the lone way to guarantee 100% medicaid will not attempt to regain against his assets. <br />
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<a href="https://gklaw.ca/">Real estate lawyers - Toronto</a><br />
<h2>
Q: Does a contract with a management firm survive a sell of property having a lease that is given? </h2>
I sold a rental property in November having a tenant in place with a fixed lease that had 9 months left on the lease. The lease and property are managed by a property management company. Property management changed. Rent was paid by the tenant to the old management company and the management business deposited money within my account of rent minus the management fee minus direction fee for the time of lease that was fresh. I agree the new owner what was accidently deposited into my account should be paid by me. Yet, I do not agree to the sum piece was kept by the management firm. My contract together with the management company says the management business can keep the fee's for the duration of the lease. Since I sold the property, I believe the error is to the newest owner since the contract broke when he changed direction firms which he bought with all the property. Is that correct? <br />
Attorney Answer Leonard Robert Grefseng <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Leonard-Robert-Grefseng.jpg" /><br />
A: When you consented to sell to him, all this ought to be covered by the contract/purchase agreement you entered into with all the buyer. Get that contract out and analyze it to see how things were supposed to be managed. In case the property was sold "subject to" the present contracts and leases, you are correct. Every one of the existing contracts would bind the buyer, like the management contract. I assume all this was properly disclosed to the purchaser. One thing is for sure- you can't keep the rent. <br />
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Q: Can my neighbor which is the sole use of my home, and who purchased the private road on which I live, restrict my access? </h2>
I live on a triple dead end and possess 4 contiguous houses in the neighborhood while my neighbor's extended family possesses 7 contiguous dwellings, 2 of which were constructed in the twenty years since we purchased our home from his cousin and also the other 3 from his uncle. He bought the private road that goes just to my houses(and ends facing my house) from the same uncle and today desires to trade it for a large part of our original multi-acre parcel so he is able to build another house. From what little I recall of real-estate law from law school, I've told my husband the neighbor cannot impair the sole use of our property and so we do not need to possess the road, particularly as we neither need to give up any land nor support another house in our small area. I feel this is blackmail that is borderline. Thank you in advance. <br />
Attorney Answer Tristan Kenyon Schultz <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Tristan-Kenyon-Schultz.jpg" /><br />
A: Your memory is correct. Being the law, there are always complexities, but the dominant (first) estate and its own successors cannot confine or prevent entry to a previous authorized servient estate if the sole means of access is via the dominant estate. Moving out of English common law, you very probably have a "right of way" easement. When the easement is recorded you've a simple case (in your benefit). If the easement just isn't recorded, you will need to show the necessity and existence of the easement (from your facts this shouldn't be extremely hard). <br />
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<h2>
Q: 2 sisters owned property as JTWROS. 1 died. Filing title that is new is realty tax due or can it be exempt? If exempt, on what basis? </h2>
To clarify more, when filing the brand new deed do we file a Statement of Value with it and if so I'm wondering, what box do we check for claiming an exemption? <br />
Attorney Reply Mark Scoblionko <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Mark-Scoblionko.jpg" /><br />
A: No such title is necessary, in the event that you are certain the property was owned collectively, and never as tenants in common, and in case you are asking in regards to a deed to the surviving sister. The passage of title to the living sister as an effect of the passing of the first sister is automatic. </div>
Ramonchedhttp://www.blogger.com/profile/11443693674588348193noreply@blogger.com1tag:blogger.com,1999:blog-545010092315144206.post-85089369399792130062017-03-17T09:43:00.005-07:002017-03-20T03:37:48.797-07:00Q&A about PA real estate laws<div dir="ltr" style="text-align: left;" trbidi="on">
<h2>
Q: My mother and I are on a title as Joint tenants with survivorship. If I 'm the survivor, can a will override the title? </h2>
She does not reside here and we had a falling out and she's making all sorts of dangers that she's gonna charge me and take me off the deed rent, etc. I'd only like to understand what my rights/options are regarding this issue. Many thanks.<br />
Attorney Answer Dr Kenneth V Zichi J.D.<br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br />
A: A Will cannot override a deed. Nevertheless, an action for partition can file to separate the possession of the entire property. The consequence of that might be to convert the property from a joint tenancy into a tenancy in common. At that point a sale could be ordered by a court. Further, she is entitled to rent at half the the reasonable rental value, and each of you is responsible for half the taxes and costs of public utilities and repairs, etc. You require an attorney to sort through this. <br />
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Q: My stepson's Mother died. No Will. A decrepit property is in her name. Is he legally responsible for this place ? </h2>
He is her only survivor. There is a 20,000.00 mortgage on the place and it's not worth more than a few thousand. <br />
Lawyer Answer Dr Kenneth V Zichi J.D. <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br />
A: Your son MAY inherit the property and if he does, he would be required to pay off the mortgage (or renegotiate it). If the property is so far 'underwater' that it makes no sense to try to save it, then the best option is to do nothing. By doing nothing, your son will not become responsible for the debt or any other debts of his mother before she passed. You can't be forced to pay someone else's bills unless you've agreed to 'guarantee' them or co-signed etc. Short answer, if he doesn't want the house, he's not responsible for the debt. He also isn't REQUIRED to begin probate -- her creditors can do that if necessary. Questions? Seek local legal help from an attorney who practices in probate. He may advise starting probate, NOT starting probate, or some third option. <br />
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<h2>
Q: If a horse boarder invests a large amount of money into building tack lockers in a barn, do they have to be left by law? </h2>
The tack lockers were built, and fastened into the wall at a boarding facility with the verbal agreement that the owner of the property would pay for materials. Of course now he claims he never said that. He claims that if they try to take them down when leaving that they are now part of the property, and he will be calling the state police. There currently is no written boarding agreement. <br />
Lawyer Answer Ben F Meek III <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br />
A: Get a lawyer. Ask him about filing a mechanic & materialmen's lien on the property. Take all your receipts for materials. You should also file suit for breach of contract and fraud around the same time. Good luck. <br />
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<h2>
Q: My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor? </h2>
She does not reside here and we had a falling out and she is making all sorts of threats that she's gonna take me off the deed and charge me rent, etc. I would just like to know what my rights/options are regarding this matter. Thank you. <br />
Lawyer Answer Dr Kenneth V Zichi J.D. <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br />
A: A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale. Further, she is entitled to rent at half the the fair rental value, and each of you is responsible for half the taxes and costs of repairs and public utilities, etc. You need a lawyer to sort this through. <br />
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<h2>
Q: If a horse boarder invests a sizable sum of money into constructing tack lockers do they have to be made legally?</h2>
The tack lockers fastened to the wall in a boarding facility with all the verbal understanding that whoever owns the home would pay for materials, and were constructed. Of course he maintains he never said that. He maintains that if they try and take them down when leaving which they are now section of the property, and he will be calling the state police. There presently isn't any written boarding agreement.<br />
Lawyer Answer Ben F Meek III<br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br />
A: Get an attorney. Ask him about filing a machinist & materialmen's lien on the home. Take all your receipts for stuff. You must file suit for breach of fraud and contract across precisely the same time. All the best. <br />
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Q: Is there any way to remove a limited life estate clause from a deed without the person agreeing to take it out? </h2>
My boyfriend and I bought our house from my boyfriend's parents. Only MY name is on the Mortgage. Prior to the sale, we discussed them living in the house with us. We spoke to a lawyer (who also owned the title company doing the closing), he said he was going to draft papers regarding the terms of them living with us. However, during closing, the title agent didn't bring any additional papers, she "hand wrote in" a limited life estate clause into the deed. She never explained what it meant for us or what the risks were. After the closing, we questioned why it was done this way, and all she said was "don't worry it can always be taken out later". She then retyped the deed and said we had to sign the second copy as well, which we did. It's now two years later, our living arrangement is not working out and we'd like to know if there is any way to actually have it "taken out" like the title agent said, without his parents having to agree? <br />
Lawyer Answer Mark Scoblionko <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Mark-Scoblionko.jpg" /><br />
A: Although it is not relevant to your question, it makes no sense that the deed would be in the names of both you and your boyfriend, but the mortgage is only in your name. For a mortgage to be valid, it must be executed by everyone whose names are on the deed. It is possible for the note that accompanied the mortgage to be solely in your name, even if the mortgage contains both names, if you were the sole borrower for the transaction. Perhaps you are confusing the note and mortgage. With respect to your question, it can be answered only if a lawyer actually reviews the document. However, as a general proposition, unless the deed provides that the life estate is revocable, you would need the consent and participation of your boyfriend's parents to revoke it. <br />
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<a href="https://gklaw.ca/gk-law-real-estate-lawyer-services-mississauga/">Real Estate Lawyer Mississauga - Gabriel Krikunez №❶ in Ontario</a><br />
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Q: How do I transfer the deed from my deceased grandparents to my name? </h2>
All of my grandparent's children, including my dad, are now deceased. A distant cousin has been taking care of the property and wishes to get rid of it. He approached me several times and asked if I would like to have it. What would I need to do, if I decided to take the house? The house is located in Philadelphia.<br />
Lawyer Answer Mark Scoblionko<br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Mark-Scoblionko.jpg" /><br />
A: This is, unfortunately, a complex problem. If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be followed. If not, you could be named Administrator. The next question is if your dad or any of your aunts or uncles survived the surviving grandparent or if all of them pre-deceased both grandparents. If any survived, unless there was a Will which provides otherwise, the property would have passed to those survivors. Estates would have to be opened for all of them. The cycle then repeats itself. If there were Wills, they would have to be followed. If there were not, the property would pass to you, your siblings and any cousins who are children of survivors. This is a time consuming and rather expensive process and you would need to consult a lawyer to get through it. There will be estate costs, taxes and legal fees. <br />
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<h2>
Q: Dad my brother &I possessed property as joint tenants,my father died in 1995. We wish to alter to tenants in common,how? </h2>
If I need to file an affidavit of some sort to remove our dads name from the original title, I would like to produce a quit claim deed transferring the home from my brother and I as joint tenants as tenants in common to us, however do not understand. If there needs to be some kind of thought, I also don't understand. <br />
Attorney Reply Mark Scoblionko <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Mark-Scoblionko.jpg" /><br />
A: A brand new deed will be prepared, conveying the property from you as well as your brother as joint tenants to you plus your brother as tenants in common, and referencing the actual fact that the father has expired. It is possible to just recite "one dollar" consideration. You need to have a lawyer do the new deed for you, but, so long as there's absolutely no mortgage or alternative lien against the home, it needs to be fairly simple. You'll likely need the approval of the bank, which you're not prone to get, if there exists a mortgage contrary to the home. <br />
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Q: I own a home in Albrightsville PA, I have a closing this Friday.</h2>
I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I am married and the home is under my name, now I am selling the home. The buyers title company wants my wife to sign a release form that must be notarized saying she has no interest in the home. The title company is telling me that this is a State law. Do I need to get my wife to sign this form?<br />
Lawyer Answer Brian Lehman<br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Brian-Lehman.jpg" /><br />
A: Ask them for the statute that requires this. They may be doing it to be super cautious. If your wife does not have an interest, I don't see a problem with her saying she does not. <br />
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Q: How do you remove someone of a house deed who has never paid for, or lived in the property in question? </h2>
My grandmother owns her home, but her daughter is on the deed. Has been for many years, and it is still unclear as to how she ended up on the deed. I would like some help on what steps we need to make to take her name off the deed. <br />
Lawyer Answer Dr Kenneth V Zichi J.D. <br />
<img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br />
A: Without seeing the paperwork it is impossible to say for sure what should be done here. Is this 'joint' ownership? 'tenants in common'? a 'ladybird' deed? Each results in a different answer of what to do next, and it is not always OBVIOUS what the form of 'having her name on it' things are without reviewing the whole deed. I'd strongly urge your grandmother to seek out a local real estate lawyer to review things, and explain to her what needs to be done to change things. WORST case scenario may be her daughter needs to sign off on the deed. She really does need to seek out a local lawyer to review this! </div>
Ramonchedhttp://www.blogger.com/profile/11443693674588348193noreply@blogger.com0tag:blogger.com,1999:blog-545010092315144206.post-302744994929253032017-03-17T09:43:00.003-07:002017-03-17T09:43:25.170-07:00Q&A about Texas land law<div dir="ltr" style="text-align: left;" trbidi="on">
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Q: I find the house is not in sellers name or our name out after closing on manufactured home& property. It's in probate </h2>
It had been sellers departed uncles house. Also find out the realtor told us it was a 2010 model, when in fact it's a 1998. Realtor had house & 3 acres recorded in paper, but is to the title when only house closed, found. So what can we do? <br /> Attorney Reply Ben F Meek III <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br /> A: Sounds like fraud. Get a lawyer. Contact an experienced property litigator in your area. Many offer free initial consultations. <br /> <br />
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Q: My brother is executer of daddy's will. The will never went probate. In the will my father said he needs the </h2>
House to go to my brother, me and my deceased brother's child. Can my brother sale house without probate? If will has to go thru probate is signature of deceased brother's child and my signature demanded? I consider he's attempting to cut on my neice out of the will. If she understands what is happening, she is an adult and certainly will fight. I don't wish to be involved in virtually any conflict. <br /> Lawyer Reply Terry Lynn Garrett <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Terry-Lynn-Garrett.jpg" /><br /> A: The Will needs to be probated while in theory title to the house could be transferred by means of an Affidavit of Heirship recorded with all the clerk of the county where the property is found. Texas Estates Code 252.201 requires that a man who possesses a Will turn it over to the court clerk when advised of the departure. Destroying or secreting a Will is a criminal violation. If someone hiring an attorney to ask them to do this will inevitably set you in battle with them, asking them or is refusing to try it, about what's right, just as your concern is doing now. But this doesn't necessarily mean you have to be drawn into litigation. <br />
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Q: My mom died 4 months ago, left no will. Her vacant house is behind 16 pymts ($12,000 ( now. Owed.) The best way to proceed? </h2>
House source value $127,000, been vacant, is in urgent need of repair, not in livable conditions that are. Present estimated value much less, $57,000 owed on mortgage, what are options? <br /> Attorney Solution Ross F. Tew <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ross-F-Tew.jpg" /><br /> A: It's possible for you to apply to be named as the Administrator of the Estate. As the Administrator you take whatever steps are crucial to get the property sold, can hold off the foreclosure, then settle up together with your mum's creditors and distribute her estate. <br /> <br />
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Q: A barbed wire fence was rebuilt by us and transferred it a few feet since the neighbor did not need to lose the trees. </h2>
Many years ago we needed to reconstruct a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with all the neighbor. We were willing to knock the post oak trees that had grown up in the fence line down, but the neighbor needed to save the trees and offered to transfer the fence several feet onto his property. Now we're attempting to sell the land. Probably it is going to need to be studied. Do we must compensate the neighbor for the value of his land and get the legal description of the acreage restated? Should this be divulged to possible buyers? The property is located in Coleman County, TX,. <br /> Lawyer Answer Ben F Meek III <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br /> A: You may sell the land with the fence over onto the neighbor's land and reveal that fact conspicuously in your sale doctors. But that raises the issue of having his fence on his new neighbor's land and subject to his neighbor's good will for the buyer about letting it stay there. (However, in the event the buyer is prepared to take the house under that condition, you might sell it that way). You're on target by means of your notion of buying that strip out of your neighbor, in the event the cost is right. Then possess the surveyor establish the new boundary and upgrade the metes and bounds in your legal description. Should you can't get the strip at a fair price, you may have to move back your fence onto your acreage. Use an experienced property lawyer (and a great surveyor). All the best for you. <br /> <br />
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Q: Can I add my daughter as owner of my home in Texas with out her being to the mortgage? </h2>
Lawyer Answer Ross F. Tew <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ross-F-Tew.jpg" /><br /> A: I wonder that which you might be striving to complete when you say you need to add her as an owner. If it is a method to offer her the house once you have passed, you're able to achieve this in a Will, having a deed allowing an enhanced life estate on your own, or having a transfer on death deed, commonly called a ladybird title. A typical mortgage includes a provision when you title the home to somebody else without paying the mortgage off, you've defaulted on the mortgage plus it can be foreclosed. Describe what you want to action so he/she is able to enable you to examine your options and you definitely have to sit down with the attorney. <br /> <br />
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Q: My neighbor next door passed away and I'd like to acquire the home. </h2>
My neighbor lived like a hermit. His siblings had nothing to do with him. He's one dwelling daughter that he had no contact with. I used to be thinking that if I got in touch together with her, since she is the sole surviving next of kin that I could get the home from her and it's also my understanding the property has gone intestate. Which I realize to consider the property now belongs to his daughter. Do I must get an attorney or perhaps have her sign over the property in my experience.<br /> Attorney Solution Ben F Meek III <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br /> A: Unless it goes assuming she wasn't a joint tenant with her father she may not have title to the property. She's now the sole owner and probate is probably not needed, if she and her father were joint tenants with right of survivorship. If her father was the only owner -- or if she was a co-owner but not a joint tenant -- probate almost surely will probably be asked to pass her title so that she is able to sell for you. She is able to produce a contract beside you to sell the property she expects to inherit, but in the event that you wish to get this done, you'd best have an attorney -- if there are heirs you do not understand about, or if he died with a valid will, her contract with you may not mean much other than a suit. I'd suggest talking about your interest in the house. Then if she's really the legal owner and is willing to sell it to you, hire an attorney to protect you having a purchase contract, to check that you will be receiving clear title to the property, and other sound legal advice. PS: My remarks here are offered for information purposes only and will not be legal guidance about any potentially relevant law or your unique situation. They truly are not offered as an invitation to join in, nor intended to create, nor do they create, an attorney-client relationship. <br /> <br />
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Q: his home was sold by my father but the brand new owner never shifted it over to her name can my dad officially get the home back? </h2>
Lawyer Solution Ross F. Tew <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ross-F-Tew.jpg" /><br /> A: Maybe, but when payment was received by him in the brand new owner for the sale, he's just asking a suit by running another sale to a different buyer, or by attempting to maintain his possession of the property. <br /> <br />
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Q: do covenants and recorded restrictions have to be refiled every ten years or is the word defined in the document </h2>
Lawyer Solution Brian Lehman <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Brian-Lehman.jpg" /><br /> A: Should you need to be completely certain I'd check with a lawyer, but it depends upon the language of the covenant.<br /> Here is an overview: http://www.wcglaw.net/assets/docs/publications/Amend%20Modify%20Restrictive%20Covenants.pdf <br /> This is a flow chart that might be helpful: http://www.houstontx.gov/planning/Neighborhood/docs_pdfs/restrictions_info.pdf <br /> <br />
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Q: My mother and I were willed my grandmother's home. Whose passed. Can she put out, if we both are living there now? </h2>
When she passed, I was living there. My mother and her husband moved in with me to "save for their own house ". But she's striving to put out me. <br /> Lawyer Response Terry Lynn Garrett <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Terry-Lynn-Garrett.jpg" /><br /> A: In the event that your mom as well as you were both willed the house, both your names should appear on the Distribution Deed filed together with the county clerk of the county where the property is found. Either of you can file a Motion to Partition. This may either induce a sale of the home or compel the other to buy the interest of the individual filing out with all the proceeds of the sale payable to you personally both. You should see an area probate lawyer. <br /> <br />
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Q: When my husband filed divorce he got the house I'm still on the loan how do I get off of it, I used to be in federal prison </h2>
Attorney Reply Brian Lehman <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Brian-Lehman.jpg" /><br /> A: The section of assets and also the loan are various issues. I'd recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your accountability on your house. But since the loan was from the bank, I do not consider there's anything more you could do to choose yourself "off" the loan. <br /> </div>
Ramonchedhttp://www.blogger.com/profile/11443693674588348193noreply@blogger.com0tag:blogger.com,1999:blog-545010092315144206.post-4093358717718395692017-03-17T09:43:00.001-07:002017-03-17T09:43:11.197-07:00GA real estate license law in 2017<div dir="ltr" style="text-align: left;" trbidi="on">
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Q: Hi, I am hoping you're well. Just how can a buyer get out of a contract that is signed? After Due Diligence and Home inspection. </h2>
Tomorrow we're assumed to shut and that I think the buyers are having buyers remorse. We now have a signed contract, and passed home inspection. There are repairs that have to be finished (one left - adding a gutter) which will be don tomorrow. They now are asking for 1500 dollars in closing prices at the last minute, can they move out of this contract? <br /> Attorney Reply Robert Jason De Groot <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Robert-Jason-De-Groot.jpg" /><br /> A: People think that whatever question they could ask is enough facts to get a meaningful response, or a basic legal question, when, as here, they have not supplied a copy of the contract, and they frequently ask the wrong questions. Get an attorney. <br />
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Q: Can a property having a trim be transferred to surviving relative? </h2>
My husband's father dies. The "will" leaves everything to his stepmother. It's a slim of $50k, although she has now said he can have a secondary property that was his dad's. Does my husband must get a loan that is new with down payment and closing costs and all, or can there be a means for her to transfer the thin and everything ? We're getting conflicting responses, and having problem locating this particular information online. <br /> Lawyer Reply Terrence H Thorgaard <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Terrence-H-Thorgaard.jpg" /><br /> A: The property is distributed to the stepmother and also if the probate court finds the will to be valid, she is able to convey it to your husband subject to the lien. The owner of the lien could be capable of foreclose the lien, where case he'd have to either pay it away or loose the property. <br /> <br />
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Q: Is a purchaser arrangement automatic extended 7 days after the expiration date of closing? </h2>
Lawyer Answer Michael David Birchmore <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Michael-David-Birchmore.jpg" /><br /> A: You would need certainly to look to the terms of the contract to discover. In case the contract is a normal "GAR" form (GA Association of Realtors), the final time I appeared the contract could automatically extend upon the request of either party. Beyond the 7 days would need the agreement of parties to expand. <br /> <br />
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Q: What's the difference between a Title to a property and also a Deed? </h2>
Attorney Solution Ben F Meek III <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Ben-F-Meek-III.jpg" /><br /> A: A Title is a record that reflects the grant of specific rights in and to the property that is identified and is a sort of evidence or muniment of title. "Title" is the bundle of rights most folks think of as possession. The deed to your house should reflect the type of your title (ownership rights) such as, fee simple, a duration of years, a life estate, a leasehold, etc. Fee simple means approximately outright or complete ownership. The deed may also reveal co- possession and the particular kind of co-ownership, like a cotenancy, tenancy by the entirety (in some states), or joint tenancy with right of survivorship. Hope this can help. <br /> <br />
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Q: Without running water, are you able to reside in a rental property in the state of Georgia? </h2>
Lawyer Solution Brian Lehman <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Brian-Lehman.jpg" /><br /> A: If the home is uninhabitable, the owner is not permitted to lease it. Lack of running water causes it to be uninhabitable. Here is the Georgia Landlord-Tenant handbook: http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf <br /> <br />
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Q: I sold a rental property. When does the new owner take responsibilities for the lease with the tenant? </h2>
In October of 2012, a fresh tenant moved to the house and I place the house under contract. I closed on the house on November 1, 2012. The renter moved out in November of 2014. Now the renter is wanting to get me to refund the Deposit (plus another $1,800). I do have a record of ever receiving the down payment along with a deposit transfer had not been listed on the close statement. At what point am I no longer responsible for the lease? Best wishes, Dennis <br /> Attorney Answer Robert Jason De Groot <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Robert-Jason-De-Groot.jpg" /><br /> A: Normally, at close is when the brand new owner would take over. <br /> <br />
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Q: I've a tenant breaking a lease 4 months early to obtain a home. So what can the renter fiscally be held responsible for? </h2>
I do not have 30-day notice in the lease. Could I hold him liable throughout the length of his lease if the property can't be leased by the time he moves out? <br /> Attorney Reply Paula J. Mcgill <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Paula-J-Mcgill.jpg" /><br /> A: You can sue for the remainder of the lease, when there's not an early termination provision in the lease. Just make sure when he turns in the keys he comprehends that you are taking the keys to ensure the house, not as acceptance of his early conclusion. <br /> <br />
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Q: My father in law passed away without a will. My mother in law's name and his name are both on the title. </h2>
Who legally has my mother in law, ownership/ rights to your house or my husband and his sibs? Or both? <br /> Attorney Answer Dr Kenneth V Zichi J.D. <br /> <img src="https://gklaw.ca/wp-content/uploads/2017/lawyers/Dr-Kenneth-V-Zichi-JD.jpg" /><br /> A: This is determined by HOW both their names were on the deed. Without seeing the records it truly is impossible to know very well what kind of joint ownership who might have a curiosity about the property, and it was. Additionally, it depends on whether the kids were several other questions you do not reply in your post, and the children of both partners. The BEST guidance is to talk to a local probate lawyer to learn in what way the facts of your situation fit to the law in GA. Don't ASSUME anything, seek an actual legal opinion. -- This answer is offered for informational purposes only and doesn't constitute legal advice or make an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal assistance if you're feeling you desire legal advice <br /> </div>
Ramonchedhttp://www.blogger.com/profile/11443693674588348193noreply@blogger.com0