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I own a property, and another property owner is claiming they have a right of way through my property. However, there is already an existing right of way down the road to their property. The property owner has obtained an attorney to enforce this claimed right of way, but there is no legal deed or... View More 
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answered on May 7, 2025
Probably nothing to do except continuing to dispute any type of easement exists. You might block access but this will cause you to be sued. Many easements exist by prescription, implication, public use, etc. without being express or of record. Hire a PA attorney to search your title and all... View More
My vehicle was involved in a hit and run with no injuries and minor damages. We reported the incident to the police, and there is an eyewitness who can identify the other driver. We do not wish to file a claim with our insurance because we are concerned that our rates would increase. Can we pursue... View More
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answered on May 7, 2025
You do not have to make a claim on your policy. But expect any future claim on the incident to be denied or even the policy cancelled. Later on your insurance will find out about the incident due to any reports given to the DOS, so a rate increase is very possible. Apparently LEOs are not... View More
I signed a contract and a warranty deed for property with my five siblings. The paperwork explicitly required each signature to be notarized. Three of my siblings signed in front of a notary, but two did not. The property is in Mississippi, and now the two siblings whose signatures were not... View More
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answered on May 2, 2025
You will need a MS attorney to examine the document. But land is conveyed by an executed and delivered Deed, not just a contract to do something. Who is the grantee? He does not need to sign the Deed. If the document can be construed as a Deed, then any proper grantors have already conveyed... View More
I am a physician working in healthcare in a small community in Tennessee. My non-compete agreement restricts me from working in my field or any other medical field within a 20-mile radius for two years after leaving my current position. Given these restrictions, what are the chances of this... View More
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answered on May 2, 2025
There is a good chance that the other contracting party will enforce it if you set up shop. It is possible that it is absolutely enforceable, so the financial risks are high. But 20 miles is a small radius, so you should be able to find an office close to your chosen town. And 2 years is a... View More
My grandmother passed away in Tennessee without leaving a will or trust. She owned property with a mortgage. She has two children, and we have the documents related to her property ownership. No steps have been taken to initiate probate, and there is no executor or administrator for her estate.... View More
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answered on May 2, 2025
Hire an attorney to determine heirship, draft an affidavit and record same. Those heirs as tenants in common should then start paying the note, taxes, insurance, etc. They can then either deed it to one owner, or sell it. Assuming no other liens, creditors can file probate also. It might... View More
I own properties in two counties in South Carolina, both under sole ownership. I'm looking to transfer these properties to family members. One of the properties has an existing loan. What is the best way to handle this transfer within the family, considering these factors?
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answered on May 2, 2025
You have not stated what you want to happen with the properties. Hire a competent SC to consult with as you need to tell him what you want to do. There is usually no best way, just alternatives to choose from. Deeds take effect now, wills only control when testator dies and the will is filed... View More
I am involved in a probate case where the most important evidence was deliberately concealed from the court by my own attorney, resulting in an unfavorable ruling. I have strong proof of this concealment, including several pages of requested documents and over 80 canceled checks. I have already... View More
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answered on May 2, 2025
There is no way to ensure that the evidence is brought out. But you can (and should have already done so) put the evidence and witnesses together. Why did you not complain before and during the hearing? If you have the evidence or alot of it, you should have filed a Rule 59 Motion first.... View More
I received an IRS letter threatening a levy on my properties, with a deadline of May 16. My house is set to be sold with a closing date on or before May 15. The letter is vague, referring to "my properties" without specific identification. My lawyer and I have not yet contacted the IRS... View More
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answered on May 1, 2025
Title searching now and a few minutes before executing this sale will be critical here. If no lien filed, then you can convey without fear of being sued by the grantee for breach of warranties. But even then the IRS may go after you then and look at the conveyance as justifying jeopardy levies... View More
I am an Austrian citizen who purchased properties in Ocala, Florida, through an Austrian company in 1981, with all documents duly certified by the American Embassy. Despite paying property taxes in my name since the purchase, I have discovered that I am not listed as the owner in the local land... View More
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answered on May 1, 2025
Hire a FL attorney to search each of those properties' titles. You may have to sue for ejectment and quiet title. If the tax statutes do not give you title, you may not own anything. Hopefully you may only need to reform the deeds to your own name. The Austrian company has apparently... View More
I recently discovered that a path on my property, thought to be a class four road, is actually private land. I want to stop an individual who has been driving over it with verbal permission for the past 30 years. I've confirmed property ownership with a legal survey. No formal easement or... View More
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answered on May 1, 2025
The driver may have an easement by prescription or other methods creating easements. If you lock the gate he may destroy it or sue you. Then you have to defend yourself. If he is an adjoining landowner, his easement must be in your chain of title, not his. Search both titles, Litigation... View More
I recently received a letter from the Washington County school board notifying me of a data breach involving my personal information, including my social security number, name, contact information, DOB, and possibly my medical history. I am 27 years old and haven't attended these schools since... View More
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answered on May 1, 2025
Until you suffer some loss/damages, you do not have a case even if there is a plausible cause of action. It would be a government tort liability action with damage caps, 1 year SOL, and no jury. Few lawyers know how to file one. If something bad happens, and you have done your due diligence to... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
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answered on Apr 25, 2025
I think you mean a life estate/remainder deed. It works very well to vest a remainder interest to the grantee when executed, not later at death of the life tenant, and by operation of law. But it is permanent unless life tenant and remainderman agree to convey, borrow money, etc. Personal... View More
I live in Arkansas and have missed one car payment on an unsecured car loan. I have no other debts. Can the finance company seize my house because of this missed car payment?
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answered on Apr 22, 2025
If they repossess the car, sell it, realize a note deficiency, then they can sue you for the remaining balance due. When they get a judgment, then they can execute on home. Creditor can only foreclose on home if you gave them a security instrument against it.
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
My former Japanese spouse, who was never legally married to me in the US, was added to the deed of my house during a refinance in 2021. She returned to Japan in January 2024, and we separated amicably with no legal marriage. There are no other stakeholders. Can we use a quitclaim deed for me to... View More
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answered on Apr 14, 2025
Hire an AK attorney to draft that deed of all her interests in the property. It will have to be sent to her for execution before a notary public, which will be a problem in Japan unless she goes to a US Embassy. Do not rely on email execution of such an important deed.
Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More
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answered on Apr 12, 2025
Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More
I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More
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answered on Apr 12, 2025
An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More
My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More
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answered on Apr 10, 2025
If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More
My mother and father created a joint will. After my mother's death, my father removed me and all of my mother's family from the will and replaced us with his own family. Is it legal for him to make these changes?
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answered on Apr 10, 2025
Consult with an AZ attorney about whether to contest the Will's Probate as the Decedent Father breached a contract to make his Will a certain way. But if Father not dead, you cannot do anything at this time but gather witnesses that there was a contract between your Parents to make such a... View More
I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More
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answered on Apr 9, 2025
If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More
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