Should I let the probate judge rule on the distribution of proceeds after the sale of a homestead? Is it legal? real estate
Carol's answer
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Answered on June 20, 2013
Two issues here; one, as my learned colleague mentions, homestead declaration is an operation of law, not a probate issue, so if the house proceeds...
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Title Insurance and Mineral Rights
Carol's answer
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Answered on June 19, 2013
While I agree with Attorney Deason, and find him to be an extremely knowledgeable real property attorney, I would add that your claim against the...
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Difference in terms.
Carol's answer
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Answered on June 19, 2013
1) An irrevocable trust is one that, as it sounds, cannot be revoked by the grantor at will. It was created as a tax haven for which it is pretty...
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Married or not?
Carol's answer
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Answered on June 19, 2013
A will or trust is a personal document between the attorney and the client. It is a statement of how a person wants their assets distributed upon...
Can I claim either adverse possession or prescriptive easement on my dock that encroaches a properties repairian rights?
Carol's answer
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Answered on June 19, 2013
Before you panic, yours is not an unusual situation. My parents had a dock that extended into the water at an angle that seemed to encroach upon...
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Probate Attorney’s fees of $27,480.00 on an estate $64,954.30
Carol's answer
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Answered on June 18, 2013
As Attorney Jacobs points out, the judge will be the final arbiter of the fairness of the fees charged. While you are very specific about the fees,...
"dead tree" on my property- hanging over neighbors fence. he contacted his atty/county-prior 2 discussing - my options ?
Carol's answer
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Answered on June 18, 2013
If the tree is indeed dead, then you are responsible for having it taken down. It shouldn't take longer than two weeks to get a tree company out...
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My father bought a house some years later he got married, some years later his wife put him out of his house, how can he get bk
Carol's answer
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Answered on June 18, 2013
He can't get back in unless he files an action to get her ejected. As Attorney Deason points out - she may now own the property by AP. Your dad...
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Countrywide was fraudulent and broker lied to me from very beginning, how can I go about suing them?
long story....
Carol's answer
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Answered on June 18, 2013
Your story is very typical of what happened during the housing bubble. You don't give any dates, so it is impossible to know if you are still...
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Should I shift real estate out of my name prior to filling out an affidavit about my assets or is accident date the factor?
Carol's answer
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Answered on June 18, 2013
While I generally agree with my colleagues, here I would be hesitant to encourage you to rely on your insurance company's attorney. If they are...