Real estate legal advice from Ruth Baker

Q: Simply expired do I have to go threw probate if I'm the only child and my last living parent?

Attorney Solution Vincent J. Bernabei


A: Your parent's estate might be subject to probate in case your parent possessed assets in his/her own name during the time of their departure, and there's no joint owner nor any named beneficiary on your parent's account. Examples add a property in your parent's name or a bank account in your parent's name without any payable on death beneficiary. With respect to the value of your parent's assets, there are a few choices to probate. For example, you might be able enough to transfer ownership of the assets by way of a tiny estate affidavit as opposed to a formal probate proceeding. That's a much quicker and cheaper procedure than probating the estate.

Q: My brothers and I own a home that was my grandmas. None of us live in the home.

Among my brothers will want assistance that is medicaid, it seems him being a partial owner may not hinder that however, when he dies I am concerned about medicaid recovery. It's my understanding we possess this house as "tenancy in common". What exactly are our choices for this property in order to avoid potential medicaid recovery or some support from medicaid?
Lawyer Answer Dr Kenneth V Zichi J.D.

A: There CAN be recovery against YOUR BROTHER'S share of the home, if you possess as Tenants in Common. This may result in a forced sale or other 'problems' for you along with the other common owners, as the individuals who paid for the brother's care (the citizens) work to recoup the cash they paid. The only '100% simple and positive' means to address this is to buy out your brother's interest at its fair market value, and then for him to utilize that money until it runs out to cover his own care. You can look at some 'fantasy' medicaid qualifying trusts plus they MAY work, however ultimately, your brother using his own cash for his care is the lone way to ensure 100% medicaid to pay will not try to recover against his assets.

Q: 2 sisters owned property as JTWROS. 1 died. Filing new title is realty tax due or can it be exempt? If exempt, on what basis?

To explain more, I'm wondering when filing the brand new title do we file a Statement of Value to it and if so, what box do we check for claiming an exemption?
Attorney Response Mark Scoblionko

A: In the event that you are certain the property was owned collectively, and not as tenants in common, and in case you are asking in regards to a title to the surviving sister, no such title is necessary. The passage of title to the living sister as an effect of the departure of the very first sister is automatic.

Real estate lawyers - Toronto

Q: My sister and that I jointly own the home in which we both live. Can hospitals and physicians put liens on your house for bills?

She isn't fully insured and has a medical problem which might become expensive. Is my equity (and hers) vulnerable, even if they wait until the sale of the house?
Lawyer Answer Vincent J. Bernabei

A: If suit files and have a judgment against your sister, the judgment becomes a lien on any real property possessed by your sister in the county where the judgment was entered. Generally, claims of creditors will attach just to the co-owner's interest in the property, not to the debtor's interest in the home. Should you as well as your sister own the home and she survives you, then the complete equity, minus a statutory homestead exemption, may be subject to creditors' claims. In the event she is survived by you, then the lenders' claims to the real property are extinguished. In the event you don't possess the property then the claims of your sister's creditors will still attach to her undivided one half interest in the home. There are valid means to preserve assets in the face of possible future claims, so you ought to talk with an attorney.

Q: I live in a house made of two flats the complete home is infested with bedbugs what can I do?

I've an apartment in Nyc, and Ive had bed bugs for the past 1.5 years due to the bottom apartment in my building having them. My landlord has had someone who's just a local bug man and didnt fix the problem. Ive told her many times on the telephone and in person. She just asks me and I keep paying because Im scared she will kick me out. What can I do? Ive had to block my entire apartment of and live simply in my family room and sleep on the floor.
Lawyer Answers Ali Ebrahimzadeh, Esq.

A: See: http://www1.nyc.gov/site/doh/health/health-topics/bedbugs.page Additional information are mandatory to provide an expert analysis of your problem. The best first step is an Initial Consultation with an Attorney. It's possible for you to read more about me, my credentials, awards, honours, testimonials, and media appearances/ publications on my law practice web site. I practice law in these regions of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This solution doesn't constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship

Q: Am I able to sell the property i purchased at a private tax sale to one of the orignal owners children who wants to dwell there

Lawyer Solution Dr Kenneth V Zichi J.D.

A: You intend to iN THE EVENT THAT you have the property you may sell it to any adult. A tax sale that is PRIVATE is mentioned by you nevertheless. To my knowledge there's really no such thing. Taxes are owed to the government, along with the authorities cannot sell its tax lien 'in private'.... You might not own the property? Maybe you have just bought some kind of lien? I'd show a local authorized attorney the paperwork to learn that which you possess before you try to sell it! This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. In case you feel you need legal advice, please seek competent local legal help!

Q: In the event the town preparing to deem the house condemned due to the sepetic can I ask to get a continuance on a case eviction

They have not fixed them and have 5 health breaches. Town is taking to court as well. Plus defamation of character. They lied to the town saying we are threating them and they desire escorts to property. There's quite a bit of thing wrong here but I dont need to invest money just to be put out on the basis of the disapprobation.
Attorney Reply Ali Ebrahimzadeh, Esq

A: Why really would you wish to live in a condemned house? More information are needed to provide a professional analysis of your problem. The best first step is an Initial Consultation with the Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice site. I practice law in these areas of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This answer does not represent legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship.

Q: I own a condominium in Indiana and rent out my basement. It's a common entrance. Do I need any type of renters or license ins?

I live in this condo. I 've roommates in the basement who would not have a written lease with me. Just verbal.
Lawyer Reply Alexander Florian Steciuch

A: Your geographical area, it's going to depend. There is no statewide renter system or database. Some cities require all rental units in their jurisdiction to be filed. For example, Bloomington requires your property be filed with all the city and scrutinized should you be renting out the property or rooms to other folks. Is your condominium a part of condo association or a housing association? They might have more rules governing renters that you would need to abide by if you are a part of such an organization. As a general rule of thumb, it really is almost always a good thought to possess insurance to cover harm to the home and it's also smart of any renters to possess renter's insurance in case there is burglary, larceny, fire, etc.. Eventually, get your renter's lease deal in writing. In certain situations in every case having something signed and in writing although its necessary so that you can possess an enforceable contract depending on the duration of the lease is preferable over a verbal contract. It helps protect everyone and provides something to analyze in case you ever have to litigate to the court.

Q: Does a contract having a management business survive a sell of property with a lease that is fixed?

I sold a rental property in November with a given lease that had 9 months left on the lease having a tenant in place. Property and the lease are managed by way of a property management company. Property management changed. The tenant paid rent to the old management business and the management business deposited cash within my account of rent minus the direction fee minus direction fee for the time of unused lease. I concur the brand new owner what was deposited into my account should be paid by me. Yet, I don't consent to the sum part was kept by the direction company. My contract together with the management company says the management business can keep the fee's for the duration of the lease. Since I sold the property, I believe the mistake is about the newest owner since the contract broke which he purchased together with the property when he changed management firms. Is that right?
Lawyer Answer Leonard Robert Grefseng

A: When you consented to sell to him all this ought to be insured by the contract. Get that contract out and analyze it to see how things were assumed to be handled. In the event the property was sold "subject to" the present contracts and leases, you are right. All of the present contracts would bind the purchaser, such as the management contract. I presume all this was correctly disclosed to the customer. One thing is for sure- you can't keep the rent.

Q: Does the tax basis change when you inherit a house which was in a trust?

The house is owned by the trust. My mom is the trustee and I'm to get the home upon her passing. I've a copy of the trust and will. Without increasing the tax basis of your house, can I place the title within my name?
Attorney Answer Richard Samuel Price

A: I believe that you will be discussing the assessed value for property taxes. A transport of a property from parent to child might be excluded from reassessment for property tax purposes. For the primary residence, there's an endless exclusion. For all other property, the exception is limited to the first $1M of value. You need to file an application for the exclusion with the tax assessor within 3 years of the transport. In a nutshell, that implies that the property taxes should stay precisely the same.