i am one of 3 siblings inheriting my Moms Home and Estate the will is not probated yet and my brother that was executor recently passed away also without probating the will yet my sister wants me to move there but 1 brother now wants to sale it , ...
No you can not just move in. The home does not belong to you yet or to any of your siblings. When the will is probated and a personal representative is appointed, that person could agree to rent you the home for reasonable rent for a reasonable term while the estate is probated. One potential issue is that your brother survived your mother but passed away prior to receiving his inheritance. His wife and or children may now be beneficiaries of your mothers will. The terms of your mothers will will determine this. Hire an attorney skilled in probating wills to help you sort this out.See question
heirs has personal judgments would their judgments attach to the other heirs deeds and their part. would it be beneficial to probate to protect the interest of each heir that has no judgments opposed to us not probating and coming to an agreement...
Your question is confusing. If your ancestor died without a will, and there is real estate and none of your names appear on the deed, you will need to probate the estate to have a personal representative appointed so that this person can distribute the assets of your ancestors estate. You can usually get away with distributing untitled personal property without opening an estate. If there are titles like there are in cars, bank accounts, stock accounts, land then you will need a personal representative to transfer these titles.
As far as your siblings judgements are concerned, if there is a single piece of real estate such as a home, and a deed is executed to all 3 of you, the judgements will attach to the property. If the property is a large tract of land, you could have it subdivided and and issue 3 deeds and then the judgements would only attach to her piece.
Your sibling could possibly disclaim her share and then you can title the real estate to the other 2 and pay her cash for her share after the estate closes. However, there are time limitations to disclaiming if it is not done within the proper time limits, then you can not disclaim.
I advise you and your siblings get together and consult with an attorney who is experienced in probate matters, real estate matters and debt collection matters if you want a complete answer.
Thursday my landlord came over to my ask and offered to pay me to move, So we agreed on the 29th of december and she will give us our deposit back if the house is cleaned and the yard is cleaned and we return the keys. (she put this letter in our ...
my first question is do you have a lease? If so, what reason does the 7 day notice state she is evicting you for. If you are on time with your rent and otherwise complying with the lease, you just be evicted. You can stay in the property until the lease expires. As far as the move out agreement goes, I think that will control when you have to move out over the 7 day notice, assuming that notice is even valid. You really need to see an attorney and let them look at the lease, the notice and the move out agreement. Ultimately, you will probably want to move out as your landlord now clearly is wanting you out and you don't want to live in a property with a landlord always trying to make you move. A lawyer can help you with this. I don't think placing a copy of the move out agreement is harassment.See question
I was staying in a weekly rate residential hotel for a year. I am away from home working and paid my rent faithfully for a year. Last Wednesday the new manager informed me that I had to be moved out by the next day Thursday. I asked her for her...
I assume you paid rent weekly. If you paid it on any other day than Wednesday, she would have to let you stay through the week you already paid for. She does have the right not to renew your lease at the end of it's term, but she can't kick you out in one day. Problem is your damages are the amount of lease payments made that you did not get to use. Probably not enough to get an attorney interested unless you have a legal services office in your area. I would call and consult an attorney.See question
I have rented a mobile home to a person with a one year contract. In the contract it states that the person on the contract is the only permissible person that can permanently occupy the mobile home. She has allowed her estranged husband to stay t...
First, the wife has breached the lease and is subject to eviction. For that you would have to serve a notice. The husband is a trespasser and you can go out to the property, tell him to leave and if he refuses, call the proper law enforcement office, Sheriff or City Police depending on the location. Explain to them he is not on the lease and wife can not let him stay, you want him out. They SHOULD tell him to leave or be subject to arrest for trespass. Sometimes law enforcement does not like to do this as they say it is just a civil matter. However, it is also a criminal matter at the same time.
You do not have to serve him with an eviction notice as he is not a lessee and is not entitled to one. He is a trespasser so you may sue him for trespass. An issue you will have it that SHE let him in. Now she wants you to fix the problem she caused, therefor, I would evict her for breach of the lease.
Someone told me that my wages could be garnished for the child support arrears of my partner if we were married
This is untrue. Your wages can not be garnished to pay someone else child support obligation. Perhaps they were referring to a bank account. If you have a joint bank account with this person that account CAN be garnished for the child support and if it is, they can get ALL the money in the account on that date causing your outstanding checks to bounce.See question
Daughter was in hospital In September 2012 of last year. We received a bill from the hospitilast that said we owed $339.40 this was on 11/28/2012. I called to set up a payment plan since we did not have the amount to pay off. I never received a bi...
I agree that you should send a certified letter with a copy of the letter stating you owed 339.40 and copy of the check showing you paid this in full. I would keep a copy of the letter you sent and state in the letter you do not owe them any further money unless they can satisfactorily show you why you owe more than their own letter said you did. You may not hear from them again ever. However, you need to keep this letter and documentation for several years as they may send it out to a collection agency and never tell them this history. You will then need to be able to tell the collection agency what you did directly with the hospital.See question
Sovereign Citizen filed a false lien against the entire city council, the city prosecutor and judge.
You must provide more facts in order to get a meaningful answer to this question. I don't know what a false lien is. I suspect you are stating a lien of some sort has been filed and that there is no basis for the filing. Generally such liens expire on their own after the passage of time if the entity filing the lien does not file a suit to reduce the lien to a judgement. So I would need to know specifically what kind of lien was filed and where is was filed to give a more complete answer.See question
He owes back taxes
There are numerous ways you can "add someone to your account" so the ultimate answer depends on which which option you choose. I am answering your question using the assumption that "add someone to your account" means you are creating a joint account where the other account holder can deposit and withdraw money to the same extent as you. In that case then his debts are subject to the garnishment of a creditor even if most of the money in the account is yours. Once funds are co-mingled in the account all the money in it belongs equally to each of you so that any of your creditors can get the funds. Also you should be aware that garnishing your bank account is not subject to any federal limit as wages are. The creditor will get ALL the money in the account on the date the process of garnishment is served on the bank. Your account will be frozen and all your outstanding checks will bounce costing you even more money. Bottom line, if this person has ANY credit issue creating a joint account with them is not a good idea.See question
I am on a limited income and the attorney will not return my calls ...I have no idea how far it has gone and to hire someone else takes money I no longer have. Do I just forget it and let my husbands partner have it all? And let the attorney keep...
I assume your husband passed away and he owned a business and you are probating his estate. There is no such thing as probating a business. I am always a little leery when someone states they have paid an attorney and they have done nothing. I suspect you have only partially paid the fee and therfor the attorney has not completed your case. It is fairly easy to check if anything has been filed in probate court. Simply go the the courthouse and ask the clerk to help you. They can look up and see if an estate has been opened. If not, and you believe the attorney has taken your money and done no work, I would send them a certified letter asking for a meeting in 7 days or to return your money within that time. If they will meet with you, try to get an understanding of what they have done or not done and why. Try to get an agreement that they will complete the work within a certain time frame or they will withdraw and return your money. Ask for a complete copy of your file. You are entitled to it. If they won't meet with you or won't come to an agreement on the scope of work and time in which you can expect it to be done, your only other choice is to call the bar association and speak with them about how to proceed. If you can get a meeting with the attorney, most of them will try to appease you and agree with you about the work to be done, the time in which they will do it and give you a copy of the file. Make sure you keep a copy of the letter you sent him as you may need to supply that to the bar in the event you can not get it worked out with the attorney.See question