Cameron Royal Kelly’s Answers

Cameron Royal Kelly

Stillwater Business Attorney.

Contributor Level 10
  1. To remove an ex-spouse from a deed, is a quit claim all that is required.

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    2. Dennis Scott Berry
    3. James S. Tupitza
    3 lawyer answers

    I share the concerns of Mr. Tupitza. Normally a bank isn't interested in letting you revinance unless all of the owners of the property are party to the mortgage. If your interest in the property is the only one that was mortgaged, and your ex-wife is still in title, you may have some room to work with the bank on getting this resolved. Normally you would record a copy of the divorce decree or a summary real estate disposition judgment following a divorce. An attorney would be able to help...

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  2. How do beneficiaries get money from an estate of bank accounts after all bills have been paid?

    Answered almost 5 years ago.

    1. Dennis Scott Berry
    2. Cameron Royal Kelly
    2 lawyer answers

    I agree with the assessment with the disclaimer that the funds should then be distributed between the siblings. Also, make sure that the other property that you mentioned do not exceed the amount allowed by statute ($50,000.00)

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  3. Can a landlord change the terms of the lease if it is month to month?

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    2. Stephen F Wallace
    2 lawyer answers

    If the lease is month to month, that means that the landlord can give you a full month's notice, and terminate the lease. Setting the pet aside, the landlord can have you out of the property in about a month. So, given that, if you have a pet and want to stay, you will have to abide by his terms. That said, if the pet is somehow related to a disability, you may be able to change that result. The response given is not intended to create, nor does it create an ongoing duty to respond to...

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  4. How long can you go with not paying rent before the landlord can start eviction process?

    Answered almost 5 years ago.

    1. James S. Tupitza
    2. Cameron Royal Kelly
    2 lawyer answers

    Not long. Most states have eviction processes that are fast tracked in comparison to other civil proceedings. Unless the lease provides for a longer notice, or the jurisdiction you live in has an extended notice period, your landlord may be able to evict you in a matter of weeks. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than...

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  5. What will happen if my husband defaults on his mortgage?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    2. Steven Alan Fink
    3 lawyer answers

    It should not impact your credit, but you should still be careful. If a judgment is entered and you have joint accounts, the mortgage company could try to garnish funds in the accounts. In other words, you should be more worried about collection than the credit issue. If you have any other questions, please feel free to contact me. www.cameronkellylaw.com

  6. What will happen if my husband defaults on his mortgage?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    2. Steven Alan Fink
    3 lawyer answers

    It should not impact your credit, but you should still be careful. If a judgment is entered and you have joint accounts, the mortgage company could try to garnish funds in the accounts. In other words, you should be more worried about collection than the credit issue. If you have any other questions, please feel free to contact me. www.cameronkellylaw.com

  7. What would be a reasonable fee to just prepare a simple real estate purchase agreement?

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    2. Erica Crohn Minchella
    2 lawyer answers

    I agree with the previous response, and would add that the cost of drafting the agreement can vary depending on how the other party reacts to the agreement. Remember that in most cases, the purchase agreement drafted by your attorney will be an offer, and the other side may be having an attorney or a realtor review the document. If the other party asks for changes, you may be looking at having your attorney either review a counteroffer, or redrafting the agreement. That said, I do agree that...

  8. I would like to file bankruptcy, but I own a business and how does that effect my filing. I am the only shareholder.

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    First, is the business incorporated or an LLC. If not, all of the business assets will be considered personal assets and part of the bankruptcy process. If you have formed an entity, you will have to disclose and value your ownership interest in the business. For example, in your filings you would list ownership of 100% of the membership units in _____________, LLC, valued at $___________. Depending on the extent of your other assets and the value of the LLC, it may or may not be exempt....

  9. Fencing Question

    Answered almost 5 years ago.

    1. Dennis Scott Berry
    2. Cameron Royal Kelly
    2 lawyer answers

    Assuming the fence is actually on your side of the property line, you have the right to ask her to remove it. Not only is the fence your property, she is also creating a hazard. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is...

  10. Am I financially bound to pay more than a deposit if I did not sign a lease?

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    The answer to your question really depends on the conditions under which you gave the deposit to the landlord. If the deposit was necessary to hold the appartment, then it is possible that you would have to forfeit it. However, that doesn't mean that you have entered into a lease. I can imagine at least a couple of different scenarios. The first is that you have formed an oral lease to rent the appartment for a period of time. The second is that you gave the deposit as a condition for...