How do I convey partial interest in the real-estate property to a spouse, without triggering due-on-sale clause?
Steven's answer
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Answered on July 24, 2015
Because the facts indicate that the property is not a house that you live in, you need the consent of the lender. Otherwise, you risk the loan...
Can the executer of an estate divide the estate as they see fit without providing a inventory ?
Steven's answer
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Answered on July 23, 2015
As the other attorneys have mentioned attorneys, there are statutory requirements regarding preparing and filing an inventory or an affidavit in...
Archived
Do I need a litigation lawyer to represent me in settlement of Fathers estate left to my brother and me?
Steven's answer
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Answered on July 23, 2015
Based on the limited facts, it is hard to know if you lead a lawyer at this time. When did your father die? Have you checked with county clerk of...
With limited partnership when both partners have died and only one has survivors what happens to the partnership agreement?
Steven's answer
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Answered on July 23, 2015
A well drafted limited partnership agreement will address what happens on the death of a limited partner. You should hire a business attorney to...
Archived
Earnest Money - zero days option period - cash offer - no loan - as-is. Do I lose my earnest money if I back out?.
Steven's answer
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Answered on July 23, 2015
You need to hire a real estate attorney to review the documents.
Archived
Would an adopted brother who is not biologically related be in line of succession from our sisters small estate in Virginia?
Steven's answer
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Answered on July 23, 2015
As a general rule the answer is yes, but because the decedent was a Virginia resident, virginia law must be reviewed.
Archived
What to do?
Steven's answer
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Answered on July 22, 2015
The next step is determining whether the intent of the parties was a loan, a gift or a sale? Taking over the payments is not the same as a sale...
Archived
My late husband's name is still on the deed to the home we own in rockwall, TX. Now I can't sell it. How do I proceed?
Steven's answer
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Answered on July 22, 2015
You will need to hire a probate attorney to determine the best probate procedure for clearing title to the property. If your husband had children...
Archived
My mother recently passed away and her 401k is in limbo. The company said her husband is the beneficiary, but it gets tricky...
Steven's answer
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Answered on July 22, 2015
The 401k will pass as provided in the last beneficiary designation form on file with the plan administrator. If there is no such form on file, the...
Archived
I need to open an estate account in my sons name. He didn't have a will and he was only 17 when he passed away
Steven's answer
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Answered on July 22, 2015
Because your son is dead, a guardianship proceeding is not appropriate. You need an determination of heirship proceeding for him because the check...
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