Archived
Does the family have a right to demand the Executor of a will to carry out what is written in that will?
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Answered on November 29, 2018
Mr. Farr is correct - the executor can be required to sell the property and if they refuse the court can remove them and appoint someone else. I...
Archived
Do I need to file a partition suit?
Ross's answer
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Answered on November 28, 2018
From your facts: you are one of two heirs at law on some real estate; the decedent left no will; there are debts of the decedent that exceed the...
Archived
Can a collection company garnish my SSI that is being automatically being deposit in my checking acct,
Ross's answer
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Answered on November 28, 2018
The law says that if you receive that type of payment, the creditor cannot get up to twice the amount of the monthly deposit - so if the balance in...
Archived
Warrant in debt posted 8 days before hearing date? Is a motion to quash appropriate?
Ross's answer
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Answered on November 28, 2018
Mr. Paullin is correct - it won't be quashed, but IF YOU ASK the court will continue the case to another date.
Archived
What to do if an heir does not want to sign for property?
Ross's answer
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Answered on November 28, 2018
Consult an experienced probate lawyer. There are several ways this can be done, depending on how much the two heirs want to cooperate. AVVO is...
Archived
Extra fees if I do owner financing?
Ross's answer
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Answered on November 28, 2018
Talk to the lawyer who is preparing your papers. I presume you are smart enough to have an experienced real estate lawyer prepare them. And don't...
Archived
Can the IRS take my house I jointly own with my brother without his mortages?
Ross's answer
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Answered on November 27, 2018
The IRS position is not, legally, wrong, given what they see. You need a very very good tax attorney to represent you before the IRS, and even...
Is a cell phone video I recorded of my spouse admitting in detail to cheating on me admissible evidence for adultery?
Ross's answer
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Answered on November 27, 2018
I'm sorry you're having to deal with this. I changed practice area from General Practice to Divorce and Separation, and lawyers who monitor that...
Archived
When my yearly lease expires am I entitled to a 90 day notice from my landlord??
Ross's answer
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Answered on November 26, 2018
I changed this from real estate to landlord-tenant.
You didn't say what you intend or hope to do when the lease ends.
In addition to an...
Archived
I am the borrower on our home and she is the co-borrower. How do I remove her name from the mortgage and deed?
Ross's answer
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Answered on November 26, 2018
I moved this from Real Estate to Divorce and Separation.
Answer: you talk to your lawyer about this. Either you and your ex agree on how to...
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