My sister who is the executor of the will was hoping her daughter and SIL would buy the family home for their home, but they were not going to be able to put a four bedroom septic in place, so they passed up on it a month or so ago. The house hous...
First, I'm very sorry for your loss.
The method and timeline of selling a house following the death of its owner depends somewhat on the specific finances of the estate itself, whether there was a will, and the beneficiaries. One thing is for certain, do not allow the house to be sold quickly to a family member who has an interest in getting a 'good deal' from the estate. The personal representative has an obligation to get the highest and best offer and maximize the financial return for the estate. Our office practices both in the area of real estate conveyancing and in probate and real estate litigation. It may help to have an attorney who can flex both of those muscles. My guess is that the trust's attorney is the same attorney working on your sister's behalf and he or she owes a primary allegiance to your sister and the estate.
To answer your question directly, assuming the assets and debts of the estate have been more or less ascertained, the house can sell at any time. There are good reasons and bad reasons for delaying a sale, and it may take an attorney to assist you in determining which situation you have here.See question
My daughter is 14 years old and she has my maiden name. Father is not stated on her birth certificate and she wants my husbands last name. Her "sperm donor" has not been a part of her life at all. He told me to get an abortion when I told him I wa...
Thank you for your question.
A name change will not confer any of the rights and responsibilities of legal parenthood. The biological father doesn't sound like the cooperative type, but you will need to file a Petition for Adoption together with your spouse. Notice will need to be provided to the biological father - either actual or by publication at the instruction of the Court - and the adoption will proceed either with the biological father's consent or over his objection, if any. Because she is 14, your daughter will also be required to consent to the adoption. Best of luck.See question
Hi there, I rent an apartment, and sublet one bedroom. This lady moved in with a child (8 yrs old) which she didn't tell me. At the beginning I told her no rush, but to start looking for a new place. She would leave the kid alone after school, a...
Evictions can take about a month and a half from initial notice to quit to physical removal of the tenant - at the very quickest. They can also take much longer depending on whether the tenant has defenses to your eviction and counterclaims of their own to assert against you.
I notice you have asked several questions, including this one where you admit to installing a camera on a woman and her 8 year old child. I'm sure the camera is in a public space only, but you should not say any more on a public forum! This is a great place for general legal advice, but the specifics of your situation are best left for the privacy of an attorney's office where you have some expectation of attorney-client privilege.See question
How long does the eviction process can take for a roommate subleased?
Evictions can take about a month and a half from initial notice to quit to physical removal of the tenant - at the very quickest. They can also take much longer depending on whether the tenant has defenses to your eviction and counterclaims of their own to assert against you. Whether you are evicting a tenant, or a sub-tenant, the procedural steps are the same.See question
This lady rented the room I sublet in my apartment. And she have a 8 yrs old kid she didn't tell me about. She was suppose to move 3 months ago; the final notice. We have been having serious issues. I had to file a report with child services, beca...
Thank you for your question.
As the sub-lessor, you would need to commence an appropriate eviction action against your sub-lessee. Our office charges a flat fee for the preparation of a notice to quit, an eviction complaint, but some of the costs and time involved always depends on how the tenant reacts.
Evictions can take about a month and a half from initial notice to quit to physical removal of the tenant - at the very quickest. They can also take much longer depending on whether the tenant has defenses to your eviction and counterclaims of their own to assert against you.See question
This employer owed salary from April 2016 to April 2017. They ran out of money and we had to go on unemployment. Now they want to deduct what we collected from unemployment from the back salary they owe. Not to mention we also did not get paid fo...
As the others have said, this is unlawful and violates Massachusetts Wage Laws.
You should take your documentation and go to a lawyer as soon as possible. There are time limits on filing a claim against your employer and the law provides mandatory tripling of the amount you are owed, plus attorney's fees. Don't delay and best wishes.See question
I'm from Saudi studying in the US and my parents forced me to live with my brother who is also studying in the U.S. My brother is very aggressive. He always threatens to hurt me, he threw my books around he kicks my bedroom door so forcefully whe...
If someone is threatening to hurt you, you may have the right to obtain a restraining order. I recommend reaching out to an attorney with experience in seeking abuse prevention orders. Your brother can be ordered out of your apartment, ordered to surrender any weapons, to refrain from abuse, and to stay away from you. Most local courts have abuse prevention counselors who can assist you. Best wishes.See question
I came home to a summons a year ago posted on my door. I contacted the attorney the day before and the attorney said it was cancelled. Then he told me i must appear in court in 2 months that date was cancelled and i told my job all these times. I ...
I'm sorry, but it is really hard to know what your obligations are as a defendant without seeing your paperwork. If you don't want to work with an attorney, your next best bet would be to contact the court clerk and ask them whether you are the party to a lawsuit and whether there is a next court date scheduled.See question
I am selling my rental and my tenants are making it very difficult to show. What are my rights they have also changed the locks so I do not have a key to my own house.
Thank you for your question.
Your question makes me think that your tenants do not intend to go quietly. You should look to your lease agreement to see what notice is required for entry into the property. You are not automatically entitled to a copy of the key as landlord, but your lease agreement may dictate otherwise. You generally have the right to access the property and to make inspection upon reasonable notice to the tenants. Please also be aware that you have the right to gain entry to the property in the case of emergency, for example if you smell gas or fear a water leak, etc.
You should probably have a meeting with the tenants and get a game plan together. Have you asked that they provide a key for showings, or that they coordinate with your listing broker?
You may want to be working with an attorney, like myself, who practices in both the area of tenant-landlord law as well as the purchase and sale of real estate.See question
I took a case to the Mcad and they said that they found probable cause.
Congratulations on making it past this hurdle. You will have to speak with an employment attorney in order to get a sense of what your specific case is worth. Our office does not practice in that area, but you can search for employment attorneys using AVVO and I'd also be happy to provide a referral.See question