What happens to jointly owned property when the deed reads both names
followed by their heirs and assigns?
William's answer
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Answered on September 02, 2018
Generally real estate that is jointly owned by those not married to me another is held in one of two ways: tenants in common or joint tenants with...
Can my elderly Mother sign over or “sale” or gift me her home?
William's answer
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Answered on April 01, 2018
The correct answer will depend on more facts. There are tax and possibly medicaid considerations. Giving during her life could lead to unnecessary...
Is the quit claim deed is need for an assumption law?
William's answer
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Answered on March 30, 2018
The real estate is in foreclosure. As an heir, you have the right to assume the mortgage, under certain circumstances. Has the bank agreed to allow...
Archived
Can I challenge an estate long after it was settled via adjudication?
William's answer
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Answered on March 30, 2018
There are several hurdles for you in obtaining legal remedy in this fact pattern. First, it happened ten years ago. Not only do you face statute of...
Archived
a wife dies..with no will..house was in her name..husband is still paying mtg..will he ever own the house once its paid off
William's answer
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Answered on March 10, 2018
if no children or parents to share inheritance with, the husband has the right to take over the mortgage under Federal law. It’s called the St...
Archived
If i am an executor of an estate and i am also a beneficiary with 6 others can i buy the property a the auction ?
William's answer
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Answered on March 07, 2018
There is no prohibition to an executor or a beneficiary wing the winning bidder at an estate auction.
When Executor Refuses to Sell House
William's answer
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Answered on March 05, 2018
Does he live in the house? If so has he paid rent to the estate? If he lives there did he live there with the consent of his mother? Your wife can...
Archived
My father has been living with a woman since my mothers death in 2002. He is in the early stages of alzheimers. Is she entitled
William's answer
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Answered on March 03, 2018
If your father is not totally incapacitated, he may still have the ability to form the appropriate intention to give a gift, make a will or trust....
Do I have to have a lawyer with me to be sworn in as a executor?
William's answer
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Answered on July 03, 2017
While it is not required to have an attorney, it is best to have someone who knows the process as there are many tasks that will need to be...
Archived
Does an heir named in a will have to pay inheritance taxes on a house with a reversed mortgage?
William's answer
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Answered on February 15, 2017
If there is no equity in the real estate there is no inheritance tax due on the transfer of that asset.
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