Mother passed away. Her name and my brothers name and ET AL is on the deed of her house. Once house is sold, does that mean that her surviving children get an equal share? Are my siblings children (mother's grandchildren) also entitled to a sh...
I'm sorry for the passing of your mother. Your question sounds like perhaps you have just looked at the Registry of Deeds or Assessor's Office database and this is how title is shown. Et al is a shortcut indicating that there are other names on the title that probably don't fit in the data field of the database you are looking at. You'll need to take a look at the actual deed. The relevant Registry of Deeds for the county in which the property is located should be consulted for a copy. Then, based on what's in the deed, you'll have more of a sense of what is required to vest title in the proper individuals. Best of luck to you.See question
My landlord returned my security deposit 35 days after ending tenancy, after repeated inquiries during the 30 day allotted time frame as to when he would be returning it. He said within 30 days. A check was sent with a letter detailing the deducti...
What you are describing is the legal principle of accord and satisfaction. Depending on the circumstances, the cashing of the check could be interpreted as settlement in full of the matter. If your landlord improperly deducted for repairs without providing receipts, invoices and the like as well as a statement signed under the pains and penalties of perjury and failed to return the SD to you within 30 days after termination of the tenancy, then they may be liable for three times the SD plus attorney's fees and costs. Attorneys frequently handle SD related cases on a contingency. You should consult with an attorney to determine what remedies are available to you. Best of luck!See question
Husband packed up moved out over a year ago ,left me with three children. In beginning had verbal agreement that kids one week here one week with him. But during this time he kept calling Dcs stating he don't want my boyfriend near children, they ...
While I give you kudos for trying to settle you matters independently without court intervention, based on the details you have provided, it sounds like it is time to memorialize your situation formally in the context of obtaining a divorce. This will allow you to reach agreement on property division, spousal support and child custody and child support. I recommend you seek legal representation to help you work through these issues to reach a mutually beneficial and satisfactory resolution that will aim to protect you, your children and the assets of the marriage. Best of luck to you.See question
being on the property at 6am in the morning looking in the windows?
Your question lacks sufficient detail to properly assess the problem. It's unclear if the Landlord is looking in your windows or, perhaps, into the windows of an unoccupied or abandoned unit? The Landlord presumably owns the property and may lawfully be on the property, subject to limitations contained in your rental agreement or by law. Typically leases reserve to Landlords certain rights of access. In emergency situations, Landlords typically have greater rights of access so that they can address problems quickly. If the landlord is looking into your windows, then they are interfering with your right to quiet enjoyment and are most certainly violating your privacy and may be subject to liability. Best of luck and peace of mind to you!See question
I purchased a condo in Mass in an auction. I pay my mortg and condo fee monthly with no problems. When I signed my mortg docs with bank, it was agreed that I’d be responsible for the real estate tax. However, I have yet to pay for any RE tax as it...
It goes without saying that you are responsible for your real estate taxes and potentially for reimbursing Corelogic or whichever entity is paying them on your behalf if they have not been properly escrowed by your mortgage lender. If you haven't done so already, you should check you monthly mortgage statement to confirm whether or not you are escrowing funds for real estate taxes. Most mortgages require this and it could be that Corelogic is legitimately taking the escrowed funds and paying the real estate taxes on behalf of you and your lender. If you are genuinely not required to escrow for real estate taxes and funds have not been escrowed for this purpose, then Corelogic is clearly making the payment in error from some other source of funds and it is your obligation to correct this error since the terms of your mortgage likely include a provision that YOU pay the real estate taxes. I am truly sorry about the extra red tape you are dealing with. You should try to resolve this error as quickly as possible since you may be forced to make a reimbursement for past payments, which could add up to a hefty bill. Best of luck to you.See question
Both have full time jobs
Your question seems incomplete. If you are asking whether or not an eviction can be accomplished under the limited facts you have provided, that seems likely. However, landlord/tenant matters are highly fact intensive and many tenants have defenses available to them and opportunities to withhold rent where certain property conditions are present. I recommend that you consult an attorney and never take the law into your own hands. Being a landlord is the same as being a business owner. You must handle the situation with care and understand the pitfalls of the course you plan to pursue. Best of luck!See question
The town knows that for 3 years, someone has been throwing trash on wetland that he does not own, which is against the existing law. Also, being angry with his neighbor, he goes and sprays the border of someone elses property (the wetland) with ch...
Since wetlands typically fall within the jurisdiction of your local conservation commission, that is a good place to start. They can issue an enforcement order to stop the dumping and potentially the spraying if it is a threat to wetlands and falls within their jurisdiction. I think the major issue that will be encountered is providing proof that the individual is actually conducting the alleged activities so that an enforcement order can be issued against them.See question
House deed with life estate between two parties, one has been gone for over a year.
Unless the instrument creating the life estate states otherwise, a life estate is an exclusive possessory interest in property that terminates when the life estate holder dies. Simply moving from the property does not extinguish the interest. That said, if a life estate holder is committing waste of the property, the remaindermen (holders of the remaining interest in the property that fully accrues upon the death of the life estate holder) could bring an action against the life estate holder and potentially seek full ownership of the property as a result. All of this is, of course, governed by the explicit terms, rights and obligations created when the life estate was created. I recommend that you review the document creating the various interests in the property and, perhaps, get opinion of counsel if you fear the property is in jeopardy. Best of luck to you.See question
Since there is special assessment coming in October and they want to know who is paying for it ( in writing). I wont own it then, should I be responsible let for it?
Most parties in a real estate transaction involving a condominium will come to some form of agreement on upcoming special assessments. If I were representing the buyer, I would request the disclosure of upcoming special assessments so that my client can be made aware of them and potentially negotiate for their payment. You should look to your purchase and sale agreement regarding your particular agreement on this point. Absent negotiation on the special assessment, the default in some purchase and sale agreements is for the buyer to pay it if it is assessed after the date of the agreement. Normally any fees incurred after the closing are the responsibility of the new owner.
Regarding the 6(d) certificate, Massachusetts General Laws Chapter 183A, Section 6(d) requires the organization of unit owners to issue it to you "within ten business days after receipt of a written request, upon payment of a reasonable fee, and shall be binding on the organization of unit owners, the governing body of the organization of unit owners, and every unit owner." The organization of unit owners can't hold it up simply because they want further details about who is paying what and when. The certificate relates only to the month in which you are closing. A "clean" 6(d) states that all common areas fees are paid through the end of that particular month and that there are no other unpaid common area fees. Hopefully with a little pressure and a reminder of their statutory obligations, your unit owner organization will issue the certificate. Just be sure to have a copy of any submitted requests so that you can prove when the certificate should issue by and that you paid the applicable fee. A copy of the cashed check for the fee would be helpful as well.See question
I want to add I was not involved in this lawsuit my sister had against my mother, my mother is telling me this is a draft of the new deed, doesnt a quitclaim deed transfer ownership ? do I really have to sign this if not ordered by the court
Yes, a quitclaim deed when executed transfers some interest in real estate depending on what's specified in the particular deed. Having not reviewed the deed, I can't tell you what interest your sister would be quitclaiming. Presumably she has an attorney who is representing her in the lawsuit who has reviewed the court's judgment and can then review the deed. If your mother was ordered to buy out your sister's interest then there would have to be a transfer of funds or some other consideration given to your sister prior to your sister deeding her interest away. If your sister represented herself, she absolutely should consult an attorney at this juncture to assist her in determining her next steps so as not to violate the court's judgment and to protect her rights. Best of luck to you and your family.See question