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: 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

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.

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