We are being told that our fence is encroaching an easement owned by a utility company. According to our copy of the plat of land that our house is on, it shows that the easement is behind where our fence is at. We are not encroaching any easement...
Did you have a survey done at the time of purchase? Is the utility saying that the easement was expanded before you purchased? The plat is probably very old and may not show the current easements that come into existence with new cable companies, etc. That is why a survey done at each change of ownership is so essential. If you HAVE a new survey and the utility is WRONG - you can make them stop.See question
I plan to build a house in Florida by my own savings (no mortgage). I want to include in the title my friend who lives in another country. How to do this without need for my friend to come to USA?
Why would you want to do this??? You need to realize that if you ever decide to sell, for whatever reason, ALL persons on title MUST sign off on the sale. If your intent is to leave the property to this person without having to have them go through probate, putting the property into a Trust would be easier and would allow you to sell, mortgage, gift, etc., the property on your own (while you are living) and then give it over to the person (without a probate) after you are gone. Just MHO.See question
My mother passed away. She did not have a will. She left 5 girls and one grandson from the deceased brother. The grandson is demanding keys to all of the properties and the car. One of the daughters was already on the insurance and is presently p...
First off, NONE of you has the right to do what you are doing. The estate MUST first go through probate in SC under intestate succession. You don't mention if your mother had a surviving spouse? If so, he gets 50%, if not, the property will be split evenly between the surviving children and the grandchild by representation. That means that he gets his deceased father's share and splits it with any siblings he has. Hire a good local probate attorney to help you sort through this.See question
real estate in florida that will not sell
You don't state why you can't sell the property, so I won't address that. If back taxes are owed, the county will either issue a tax certificate to anyone who is willing to buy it, after proper notice to the current owner(s) (you), or foreclose their lien on the property to pay off the taxes. Either way, you will lose the property if you don't contest. In both cases, the back taxes are paid by the holder of the tax certificate or the purchaser of the tax deed at a tax deed forclosure - not you. If you WANT to redeem the property you can do so buy paying off the lien or paying the certificate holder (plus interest).See question
My sibling obtained POA on my mothers bank account a day prior to my mothers passing. My sibling paid a few bills from my moms account and pocketed $2,000 for herself within a week of my mothers passing. I am disgusted by this simply because it is...
I am very sorry for your Mom's passing, and the situation created by your sister. However, for the sake of family unity, have you considered speaking with her privately about the situation, pointing out that everything paid from the account (by her) following your mother's death was illegal and requiring her to pay the money she "gave" herself back to your Mom's estate? All you really want is for her to recognize the error of her ways, correct? I think your children are correct in that it shouldn't end up in court - but, you may want to set her straight on the law and require she comply.See question
I just inherited my father's Florida home. I have 4 siblings. My father put my name only on the deed with the understanding that I would sell the property. I would then divide the profit evenly among the 5 of us. My situation is that 3 of my sibli...
You need to abide by your father's wishes. You can sell the property to your sibling by getting a fair market appraisal and then offering it to him for the fair market appraisal, minus his share of the proceeds. You have to understand that once your brother moves in, it is much more difficult and expensive to remove him. Sell him the house, or insist that he stay elsewhere. This is the prime time for selling a home - you need to either sell it to your brother or get it on the market. Indecision will reduce your profits.See question
I am the trustee for my Dads revocable trust. He passed 2 years ago. I lived with him the last few years in his house in SC. It was part of his trust. I can buy or sell property etc according to the trust. If I sell this house, can I purchase anot...
Your Dad's trust will contain the answer to your questions. Unless the trust specifically prohibits purchase of property in another state, and I can't imagine why it would, if it allows the Trustee to sell, buy, or transfer property then you should be able to do all those things - wherever the property may be located.See question
Attorney closed probate, no creditors found. No will, split per Fl law. Now he has sent a letter demanding payment for a home equity loan my stepmother has paid off. She has a life estate on the home and I inherit it when she passes. He never ...
This is a variation on the question you asked earlier today. See my answer to that. This question is more confusing, but, regardless, the fact that your stepmom is living with another man has little (if anything) to do with her claim for repayment of the mortgage - which is, itself, questionable.See question
Do I need to have an attorney in South Carolina to do a real estate closing? Can't the title company handle everything? If no what is a good price?
No, title companies cannot handle closings without having an unaffiliated attorney represent the party to the transaction. It is considered the unlicensed practice of law in SC. Your realtor should be able to provide you with a list of real property attorneys in Myrtle Beach - call a few and ask what they charge and if they are available for the time of closing.See question
I witnessed a warranty deed. The grantor died 9 days later. Can I ask for a revocation as I feel the grantor was not thinking clearly? I am the PR for probation.
Unlikely. The reason I disagree with my colleague is that the time that you witnessed the deed is the time to have challenged the Grantor's competence - not after s/he has passed and cannot appear as a witness. Why would you sign as a witness if you thought the Grantor was "not thinking clearly?" Also, if the deed was to a bona fide purchaser for value the voidability of the deed is very limited.See question