Archived
Can I sell the property with the current title or do I need to get a new title first? Is there a waiting period?
Benjamin's answer
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Answered on September 23, 2020
Yes immediately upon your aunt's death you became the sole owner of the property.
I always advise having an attorney draft the deed. The deed...
Archived
Will two siblings on land jointly when their mom passes
Benjamin's answer
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Answered on September 21, 2020
Provided that the mother is not married, only ever had the two children, and did not leave a will leaving the property to a specific person or...
Can property placed in an irrevocable trust be gifted or sold?
Benjamin's answer
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Answered on September 21, 2020
I would have to read the trust document, in order to say for sure whether or not, it is possible to sell. Normally it is possible to sell, but it...
What are the legal steps to remove a name from vehicle title?
Benjamin's answer
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Answered on September 21, 2020
Contact the DMV, without knowing exactly why you are removing the name I couldn't tell you the steps but your local DMV will be able to walk you...
My daughter has legally changed her name. Do I need to change her name in the will to reflect that?
Benjamin's answer
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Answered on September 18, 2020
When I draft a will, I always use descriptive like my daughter, NAME, when referring to individuals in a will to help prevent this issue.
The...
Archived
Can I sue my landlord?
Benjamin's answer
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Answered on September 18, 2020
Take everything to an attorney, in my experience rent-to-own contracts are frequently not drafted by an attorney and as such fail to meet the NC...
What am I legally entitled to?
Benjamin's answer
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Answered on September 18, 2020
I would have to read the will and "addendum" to answer your question. Frequently in the wills I draft I include a clause that would incorporate...
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Shouldn't the estate be responsible for paying for removal of a leaking fuel tank?
Benjamin's answer
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Answered on September 17, 2020
I would have to look over the instrument that passed title to you to know exactly what if any duty the estate owes you.
My suspicions however...
Archived
Is this how you write a NC forfeiture/notice clause?
Benjamin's answer
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Answered on September 17, 2020
It sounds like you may be drafting a lease, and are trying to override the statutory rule that you have to give 10 days notice. It is my opinion...
Archived
Father died intestate, 3 kids, do the other 2 kids have to sign renunciation of right to qualify for letters of administration?
Benjamin's answer
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Answered on September 14, 2020
They do not have to sign papers, but if they are willing, it will speed the process up. Talk to the local clerk and see what they will require. If...
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