Parents left daughter and son the home a successon was done. the mother is in a nursing home. the daughter lives in the home while the son lives out of state. what rights to the son have to the home.
Short answer: he can use the home as a co-owner or force its partition (sale through a court proceeding).
This seems to actually be an ownership question, not estate planning. If the son and daughter received the home through a judgment of possession rendered in the succession, the two would be co-owners of the home. Both co-owners have the right to use the home, absent some a lease or some other agreement between the two of them. As a co-owner, the son can also seek to partition -- or legally divide -- the home between the two of them. Because this is a house, which can't really be divided in kind, it would have to be sold privately by the parties or through a court proceeding.See question
I thought we had a foreclosure in 09, but it is not showing up on any credit reports. Contacted the Registers office in the county where the property is and they said they are just showing a Trustee's Deed were it was sold. I received a Release ...
You should probably contact an attorney in Tennessee. In Louisiana, you would be served notice of any foreclosure action. Similarly, if you owned the property, you would have to sign off on any deed in lieu (called a dation in Louisiana) or short sale. However, there could be some differences between the law of Tennessee and that of Louisiana. So consulting with a Tennessee attorney makes the most sense to me.See question
A fence contractor did a poor job on the fence for my newly built house. He is refusing to correct the issues. He is demanding payment ($3,075) and threatening to file a lien if he does not get it. Initially he was busted by the city inspector for...
He can certainly file the lien. All it takes is signing a standard form lien affidavit and filing it in the courthouse. I would recommend telling the contractor that if he files the lien you will bring him to court to have the lien removed at his expense, which is provided for in the Private Works Act (the threat goes both ways). Then, see if you can negotiate a reduced payoff with him. Since a court might still award him something even if he did a bad job, it might be the most cost effective approach and you could apply the saving to the necessary repairs.See question
We filed for bankruptcy in 2005 (chapter 13) At the begining of our last year, 2009 my husband lost his job. We were dimissed from the bankruptcy, and the bank foreclosed on our house and a sheriff sale took place in Dec. of '09. My mortgage an...
No. It's not your job to report information to the credit bureaus.See question
I sent the property owner a letter a year before the tree fell, it was rotten and diseased and I have pictures of it before it fell. The tree damaged my house and almost killed my father who was in the area of which it fell. My house was also bu...
Punitive damages: no.See question
I'm under extreme duress in the situation i've been in over the last few years.
Yes. However, if the corporation isn't going to sue in its own name (ie, the board isn't going to authorize suit against the president), this will likely be a derivative action and any recovery may well be property of the corporation, not you individually. You should talk to a corporate attorney before taking any action.See question
How is the car classified as NOT mine. I would be the only member, so the company is 100% mine right? Reason for this is in the event of an car crash my personal assets are different. So by doing is is the car not mine, and the companies? ...
Buy insurance and don't worry about the LLC.See question
I am looking to buy the domain name and possibly the trade name of a business. Does it need to be notarized in the State of Louisiana, to be a legal transaction?
However, if you are going to register or file the domain or trade name with any outside agency (U.S. Patent & Trademark Office, etc.), you may want to check and see what they require.See question
When I do my minutes of the meeting do I need to do the notice also? I am a single LLC....
Minutes for a single member LLC are a bit pointless since you are the only member and decision maker. If you do a significant deal (bank loan/financing, buy/sell real estate, etc.), you could just to an LLC certificate approving that action. Otherwise, I wouldn't worry about minutes.See question
I will be divorced next month and would like to know if I have to wait to remarry and if so how long?