The will also states she could live in the house for a year after his passing.
This is more of a probate question than a real estate question. In order to give an accurate answer an attorney is going to have to review the Will with you. Besides the language in the Will, there is also the possibility that the widow will elect to renounce the Will and receive her intestate share which would likely affect how the property is divided. Since you are in Louisville I encourage you to find a local probate attorney, either here on AVVO or through the Louisville Barr Association. Good LuckSee question
Just over 11 years ago, we fenced in our backyard. Before we did so, we talked to the neighbor. We told him we hadn't done a survey and asked if he was okay with where we planned to put the fence. He agreed. Now, we are trying to sell our hous...
In Kentucky a person can acquire adjoining property under a theory of adverse possession. This requires that you maintain possession of the area for at least 15 years. It also requires that the possession be open, adverse, exclusive and hostile. Unfortunately it looks like you fall short on at least two essential elements. First, you have not had the fence up for 15 years. Second, because you had permission it was not "hostile".
So, you have limited choices. Follow the advice of attorney Holwell and try to buy the small strip, or move the fence, or don't move the fence and risk getting sued. Each of these will cost money. Talk to your neighbor and see if he's open to a sale of the small strip. Get an estimate on the cost of moving the fence. decide which is better, I urge you not to wait for the lawsuit. It will be the most expensive, stressful option and you probably won't win. Good Luck
I have a tenants from hell. She hasn't payed the rent and I want to know if I didn't sign the lease does it default to month to month agreement?
You are in Louisville so you are subject to the local ordinance that adopts the Landlord Tenant Act. Start by going to the Louisville Metro website and downloading the ordinance (I believe it is No.151). Review that ordinance and your lease. Those two documents will your rights and obligations. It would probably be better to have a local attorney review it with you. The good news is that regardless of whether or not you signed the lease, you can always evict for non-payment of rent, if you do it right. Again contact a local attorney. Go through Avvo, or the Louisville Bar Associations Lawyer referral service or go to district court and ask what 3 or 4 attorneys file the most evictions. Call them and pick the one you like. If there are ten reasons to evict and one is non payment of rent, you go with nonpayment of rent. Good LuckSee question
I rented my house to a tenant and I have't got around signing the lease agreement. The tenant is a month late on her rent she keep making excuses about why she is late and she expect to wait for her to make a sell on her houses to pay me the r...
The only legal way to get her out is to file for eviction. BUT,since you are in Louisville, first you have to send her a 7 day letter demanding all past due rent. If she pays it she gets to stay -ish. You really need to talk to a local real estate attorney to find out how to evict her. Sure it may cost a little but if you have to file 2 or 3 times and she stays for months its well worth it. Go to the courthouse and ask for the names of the attorneys that file the most evictions. Call the top 3 or 4 and pick the one you like to help you. Good Luck.See question
The contract is for 24 - 36 months with option to buy. I have only lived at residence for 6 months. I asked to renegotiate contract (meaning price) due to them not keeping up their end of the bargain. Which includes me paying for a refrigerator , ...
Attorney Elie in CA is right on point. Your rights and obligations are determined by your contracts. Please take them to a local real estate attorney to get an opinion. Good luckSee question
My fiancé and I have considered selling the home he purchased with his ex wife. They are 'tenants in common'. If the home sells, what does he owe her? Half of the sale price, or half of any profit? He's built up a lot of equity, and she never made...
The divorce should have resolved any questions relating to the house. Have your fiance' review the Settlement agreement with his divorce atty. Its his house, his ex his divorce. He needs to clear this up. You can encourage him to take the necessary steps but you don't have standing to take them yourself.
I have an accepted offer in on a home. The loan is in underwriting now. Thing is, I have realized that the home in wuesrion will not work for me. It is in an area not accessible and I will likely need accessibility options in the near future due t...
Since you are writing from Louisville I trust your contract was prepared using a standard GLAR form. If so you have very limited options and simply changing your mind is not one of them. My suggestion is that you contact the Greater Louisville Association of Realtors and ask for the lists of approved Mediators and Arbitrators. They should all be well versed regarding the GLAR contract. Then have your realtor suggest one or two from the list. Hire the one you feel most comfortable with to review the contract with you and to advise you regarding your options. Its better to pay a little for good advice up front then to make an ill advised decision and wind up paying a lot later on. Good Luck.See question
I received an eviction summons to court. I am planning on being moved out by the end of the month. I can't take off work because I just started a new job and can't lose my job. What will happen if I don't go to court.
While it is true that the matter is moot once you've moved out you may still want to go, or have someone go on your behalf. If you simply fail to appear the judge could enter a judgment which will negatively affect your credit. Call the landlord's attorney and get them to agree in writing, or by email, to dismiss the case if you move out and turn in your keys before the hearing date. This will only work if you are out before the hearing date. If they won't agree, go to court (or have an atty go for you) to explain that you are out and the keys are turned in. Then you can ask the judge to dismiss. Here in Jefferson county they generally will if there is no property damage. Good LuckSee question
I am renting a house with 4 other students. My roommate was missing a backpack and searched my closet and drawers while I was at class. Can he do that without my knowledge or consent?
The first place to look is the lease. If you are tenants in common then you hold the entire property equally. Each of you have full access to every space. I suggest you invest in a roommates agreement that sets out boundaries and expectations.See question
My question is is what do we put for the value of it since we're not even given money we're just putting a name on it try to explain to them that we're just doing a quitclaim deed. Thanks for any help that anybody can be on this.
The consideration part is required by statute. It is used to calculate the transfer tax. Many people use the PVA value if its not a recent transfer. Depending on the way the property is transferred there may not be any tax due but you still have to complete the consideration section. Please consult an attorney there in Williamstown to prepare the deed and to advise you further. A poorly drafted deed that leads to litigation can easily wind up costing you more than an attorney will charge you for a properly drafted deed.See question