Archived
Need to file suit on someone in kansas and i'm in california, canI do it?
Robert's answer
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Answered on October 31, 2012
The facts are confusing. If it is a California probate estate, suing the executors is relatively simple, and the fact that one resides out of...
Archived
Is a pre-trial judgement final based on the Court granting the defendants judgment on the pleadings?
Robert's answer
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Answered on October 31, 2012
A judgment on the pleadings may dispose of all or part of a case. Usually you would have an opportunity to amend, otherwise judgment would be...
Archived
Can someone sue you for more of what you owe?
Robert's answer
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Answered on October 31, 2012
It would not be unusual for a plaintiff to sue for an amount greater than the defendant believes he or she owes. The purpose of responding and...
Archived
Family of 6 siblings had land left to them. (73 acres ) 5 want to sell 1 does not , what can be done?
Robert's answer
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Answered on October 30, 2012
The general rule is that co-owners have a fiduciary duty to all other co-owners not to use the property in a way adverse to the others, just as...
Archived
If someone dies with a mortgage, what can be done with the house? Should the title be transferred to do anything?
Robert's answer
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Answered on October 30, 2012
The executor is the estate representative who may do everything the decedent could and should have done, who must marshal (collect) all assets, pay...
Archived
I lost my home to foreclosure. MERS is in the chain of title, can i do a sucessful quiet title due to the fact that the assignme
Robert's answer
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Answered on October 30, 2012
No. MERS is a mere "parking place" for paper (promissory note and deed of trust), and while typically made a part of all quiet title actions, the...
Archived
My mother owns her property with my grandparents as joints tenants. Can she transfer her interest in the property to me?
Robert's answer
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Answered on October 30, 2012
Yes, upon the death of a joint tenant instantly the survivor owns the deceased joint tenant's interest. It is easy to "sever" the joint tenancy,...
Archived
About to be sued for partition, house is paid for, filed as joint tenants, lived together 20 years, been separated for 10 .
Robert's answer
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Answered on October 18, 2012
Your question suggests that you believe you are entitled to occupy the entire property forever, something that no co-owner may do without a written...
Archived
I have a cousin who bullied her way into collecting the rent on a jointly owned rental property. Can you refer a free legal aid
Robert's answer
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Answered on October 17, 2012
I would respectfully urge that my colleagues may have missed the point. Joint or common ownership of property, particularly income property, is...
Archived
Steps to take in Adverse possession process?
Robert's answer
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Answered on October 17, 2012
You should not expect a detailed answer in this forum, but should employ an experienced real estate attorney in the area where the property is...
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