My sister and I have inherited a house as tenants in common. She lives in the house and has been paying a small amount of rent. It's not always there and it's not a fair amount. Would rather not sell the house at this time.
No. She has just as much right to be there as you. In the future, if only one of you wants to sell the property, and it is not easily divisible (most are not), then you could explore a petition to partition. At that time, the parties contributions towards the property-related costs and expenses will be examined by the court to determine who is entitled to what. The rent you are currently receiving will be factored in to the analysis along with the fair market value of the use, occupancy, maintenance, and repairs.
My ex is threatening to take me to court & "ruin my credit" & "put a lean on my house". I typed a contract stating I will help him pay for a loan he took out by himself if he gave me $3k towards my down payment for my house. We broke up. I will re...
The term "help" is too ambiguous for this to be enforceable. There may be a contract in there somewhere but I am not sure you give enough facts for anyone to be able to tell you for sure. An ambiguous term in a contract will be construed against the drafter of the contract, where applicable.
Keep all documents you have, including the emails and text messages. I think this will help demonstrate that you have a valid defense to your alleged nonperformance.
My father died from Colon Cancer, he had surgery to remove tumors, Chemo Treatments, drugs and medications, and loss of significant weight. My brother and his lawyer change the Will and Trusts 4 days before he passed to favor them both. I have fac...
In order to execute a Will you must have a certain degree of capacity. If your dad lacked capacity to sign the Will it would be invalid. The law is clear. The facts always change. The likelihood of success depends on the actual facts.
If your dad was influenced into making a change that he may not have otherwise wanted to make, there may be a claim for undue influence. Again, case law is very clear on this but the facts are extremely important.
This is not something you should do without a lawyer.
I'm a local business owner. My business was slandered on Yelp As the result of a political disagreement on a facebook thread, this person who has never used my business posted Maliciously on yelp. I'm losing business as this has gone viral in my t...
I am sorry to hear about this. I understand how harmful false claims can be. If you can prove that the statement was slander you can file an action against the poster and name Yelp as a trustee defendant only, seeking a court order to take down the post.
My mother passed in 2009. She put her daughters on the deed with her in 1996 after my father passed. Not long after she passed , a pipe burst and caused catastrophic damage. The insurance was not enough to fix it . You get much less when no one li...
This may or may not be something that is covered by malpractice insurance. If it is not, the Massachusetts Board of Bar Overseers has a program that repays stolen money. I think you should start by hiring an attorney who specializes in malpractice/ethics.
Good luck.See question
I received an arbitration monetary award against my contractor in Massachusetts. I will be applying to the Guarantee fund but there will still be a balance of over $25K that I need to collect on. The contractor has a home that is in his wife's...
File a complaint in the Superior Court for confirmation of the arbitration award. The execution can be recorded against assets he owns, but you may need to hire a lawyer in TN to seek approval of the Massachusetts judgment. If the house up here is in his wife's name, find out when it was transferred to see if MGL c. 109A applies (fraudulent transfer). If all conditions are met you might be able to pursue his wife as well.
Get an attorney. This is complex.See question
Our home incurred a loss due to wind and rain in July 2014. To date, we have still not received fair and good faith remedy from our insurance company and we would like to speak with about this matter. Simply put, MetLife has severely low-balled ou...
Check your policy. Most of these claims have a 2 year limitations period. If you do not file a claim before the claims limitations period expires you are prohibited from doing so and they do not have to pay the claim. If you have otherwise complied with the policy and they refuse to pay for the loss, you need to speak with a lawyer immediately.
Good luckSee question
Mother entered nursing home on 10/1; Transferred mother's home to myself on 11/1 for $1.00; Nursing home is trying to tell me that I owe them money personally. Can they go after me personally for my mother's debts?
See. M.G.L. c. 109A
Before you do anything else, speak with an attorney.
I've been living in a home paying rent in Lakeville mass with my family. The landlord and I have been together for 15years he pass away Oct 2014 I thought the house was paid off with lottery money he won. On March 31st they are having and action....
This question is confusing. Were you and the LL "together" in a relationship or just together in the sense that you have rented for 15 years? If the baby is his, and s/he is a beneficiary of his estate, I would want to know if there is equity in the house. Whether or not he left a Will, there are heirs at law or beneficiaries under a Will that would be entitled to his estate.
Advice would be totally different if the statement you made were taken in a different context.
If you seriously want help with this you should call an attorney immediately.
Civil suit for reckless behavior causing severe physical injury filed in 2008, now it's finally reached the point of assessing damages against defendant. Defendant found to have caused brain damage to plaintiff.But in 2015, defendant & his brothe...
Certain types of acts leading to harm may not be dischargeable in bankruptcy. There are only a few exceptions but I have seen it. (example: baseball bat to head in fight).
If you are assessing damages this means you obtained a judgment already. An execution will issue and you should attach the real estate. It will be subject to the homestead and the life estate, but I would do it anyway.
This is complex. I would strongly consider hiring an attorney to represent you. If it is not done right and the defendant files for bankruptcy, an otherwise nondischargeable claim may become dischargeable.
Good luckSee question