Friday, March 17, 2017

Legal advice real estate from Ruth Baker

Q: Just expired do I have to go threw probate if I'm my last living parent and the only child?

Lawyer Solution Vincent J. Bernabei

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.

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

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.
Lawyer Reply Ali Ebrahimzadeh, Esq

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.

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?

Weld County Colorado. The camera provides no surveillance of the owners property.
Lawyer Solution Tristan Kenyon Schultz

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).

Q: I live in a house made of two flats the whole house is infested with bedbugs what should I do?

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.
Lawyer Answers Ali Ebrahimzadeh, Esq.

A: Observe: 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

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?

I live in this condo. I 've roommates in the basement who would not have a written lease with me. Just verbal.
Lawyer Answer Alexander Florian Steciuch

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.

Q: My brothers and I own a home that was my grandmothers. None of us live in the home.

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?
Lawyer Solution Dr Kenneth V Zichi J.D.

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.

Real estate lawyers - Toronto

Q: Does a contract with a management firm survive a sell of property having a lease that is given?

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?
Attorney Answer Leonard Robert Grefseng

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.

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?

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.
Attorney Answer Tristan Kenyon Schultz

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).

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?

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?
Attorney Reply Mark Scoblionko

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.

Q&A about PA real estate laws

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?

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.
Attorney Answer Dr Kenneth V Zichi J.D.

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.

Q: My stepson's Mother died. No Will. A decrepit property is in her name. Is he legally responsible for this place ?

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.
Lawyer Answer Dr Kenneth V Zichi J.D.

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.

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?

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.
Lawyer Answer Ben F Meek III

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.

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?

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.
Lawyer Answer Dr Kenneth V Zichi J.D.

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.

Q: If a horse boarder invests a sizable sum of money into constructing tack lockers do they have to be made legally?

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.
Lawyer Answer Ben F Meek III

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.

Q: Is there any way to remove a limited life estate clause from a deed without the person agreeing to take it out?

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?
Lawyer Answer Mark Scoblionko

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.

Real Estate Lawyer Mississauga - Gabriel Krikunez №❶ in Ontario

Q: How do I transfer the deed from my deceased grandparents to my name?

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.
Lawyer Answer Mark Scoblionko

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.

Q: Dad my brother &I possessed property as joint tenants,my father died in 1995. We wish to alter to tenants in common,how?

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.
Attorney Reply Mark Scoblionko

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.

Q: I own a home in Albrightsville PA, I have a closing this Friday.

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?
Lawyer Answer Brian Lehman

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.

Q: How do you remove someone of a house deed who has never paid for, or lived in the property in question?

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.
Lawyer Answer Dr Kenneth V Zichi J.D.

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!

Q&A about Texas land law

Q: I find the house is not in sellers name or our name out after closing on manufactured home& property. It's in probate

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?
Attorney Reply Ben F Meek III

A: Sounds like fraud. Get a lawyer. Contact an experienced property litigator in your area. Many offer free initial consultations.

Q: My brother is executer of daddy's will. The will never went probate. In the will my father said he needs the

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.
Lawyer Reply Terry Lynn Garrett

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.

GA real estate license law in 2017

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.

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?
Attorney Reply Robert Jason De Groot

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.