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have you ever been to probate court?

On October 14, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / No Comments

my sister has hired a lawyer because we disagree on the sequence of how we will execute the estate, accounts, personal items, deed, etc.
I’ve spoken to 4 lawyers and there are no specific rules on what order to do things. The person died June 3rd so it has been only over 2 months. She may be planning try to have me removed as co-rep.
I’ve offered a settlement or a plan on how to get everything done in under 48 hours and she refuses to accept because the "deed" is not done last. I don’t see how her lawyer or a court can force me to do the other things needed to be done since there are no rules other than deadlines. The next deadline will be 4 months after the claim period is over which is March 8th. I’m not clear on what she thinks she or her lawyer can do between now and next March.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
Common is on the right trail. We are co-reps but she’s not getting any of the house, so I need her signature 2 transfer the deed. She wants 2 do the deed last & no other sequence. Probate told me 5 days after the death the deed of distribution could be signed any time but she refuses. She wants her contents-money. The 48 hrs is very legal. She arrives at 1pm, we divide the contents, we change the door locks, she has the keys, we drive to our Uncle’s house, he holds the keys overnight. 10 am with a lawyer appt. we sign the deed. Then go to Uncle, he hands my sister the keys. Then we go to the house & load her rental truck. When it’s loaded with her contents she gives me the keys back. She thinks I’m going 2 change the locks on the doors. She lives 300 miles away so this 48 hour plan, ending with her leaving town the 3rd day at 7am only 2 arrive home at 1pm is 48 hrs from the time she arrives to the time she gets home with her stuff. She insist deed done last and legally that is 7-8-2010
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.

company names?

On October 8, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / 2 Comments

i am doing a business plan for a company i am looking to start up it is going to be a legal courier service this company deals alot with lawyers and courts, and real estate

Tenants cancelling leases BEFORE moving in, DONT have $$$ for refund for 30 days ?

On September 30, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / 2 Comments

Im freaking out.
I plan to get a good real estate attorney to help me this week
the problem is is that i got laid off and decided to sell my house.
its big and i have 6 rooms.
ive rented it over last year with no problems.
i already signed up 5 people to rent the rooms
3 signed month to month leases and the other 2 signed year long leases.
the two who signed year long leases have both acted weird already
1 wants his rent of 485 reduced to 470 because he says he doesnt have enough money
the other chick wants to bring in 2 new dogs.
anyway i decided to tell all of thm im selling my house
i wanted to make sure they didnt move in get p!ssed im suddenly selling.

well ALL of them are breaking their leases and all want their money back immediately.

the problem is i didnt know id lose my job and i simply dont have the money available for 3-4 weeks.
do i tell them this ?

2 of them are already freaking out a week after i told that im selling
1 girl showed up and left a nasty note and now has hired a shady lawyer who says he’ll go to the da and the police because he is ‘friends’ with them.

wth ?

im just trying to sell my house and am already freaking out over job loss.
im in mid central PA.

What should i do ?
ive asked all of them to also send their lease cancellation by mail and they refuse to use anything but email and phone

help !
also they havent moved in YET.
ive videotaped that the rooms are empty.
see and im afraid to rent to replace them right now and get the money because two of them are causing so much drama.
I may be cute nice and stuff BUT Im also bi polar so I dont handle stress like this well. :(…

Can my mother sue her sister and her husband for spending money before it go through probate?

On July 15, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / No Comments

My mother’s sister has never worked a day in her life; she and her two sons lived with her mother. She has an alcoholic/lowlife for a husband. He doesn’t work either (and “NO” he’s not disabled), the both lived off my grandmother and the state. Her husband only visits her and the children two to three times a year (and that is only to get money). He lives with who knows, we think he has another family (he lives about three hours from her). As soon as her husband found out that my grandmother was getting worst, he took the next bus home (and “NO” he did not visit my grandmother in the hospital). He only went home to search for money and paperwork (her will). My grandmother made my aunt executor; because she wanted her to take care of her handicapped sister (after all she has taken care of her and her family for over fifteen years). My aunt would still get a special check for taking care of her handicapped sister. My grandmother died June 6/09; my aunt would not give her siblings a copy of the will nor would she give them consent to get a copy from the lawyer. My grandmother left a portion of the estate to all of her children (over $30,000 in cash and acres of land involved). They are spending money like it’s falling from a money tree (they just withdraw over $10,000 in cash). My aunt’s husband has convinced her that they deserve the money, because they never had anything and everyone else is already well to do. If he would work like everyone else, he would have things and so would his family. Can my mother and her oldest sister sue their youngest sister (executor) and her husband for spending money (part of the estate) before their mother’s will have gone through probate? My aunt’s husband is the mastermind over this plan, she doesn’t have the brain to come up with things that they are doing. She is afraid of him and would do whatever he tells her (she’s timid and easy going). He doesn’t care what happens to her, as long as he controls the money (she can go to jail for all he cares). Once the money is gone, SO IS HE… I am pretty sure he is sent money to the other side (his other family) for a rainy day… I would like nothing more than to see him in prison, where he belong (he’s a con-artist).

Can I take Legal action about my siding?

On July 3, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / No Comments

We purchased our home a year ago, we knew there was some siding that was rotting and needed to be replaced. We had planned on replacing the boards that were rotted only. We were told that our home was made of Cedar and Brick. We had our inspection done, and they said nothing about the siding except it needed to be worked on….we knew that. The Inspectors were reffered to us by our Real estate agent. SO we just had some estimates done and the siding is NOT cedar….it is a composite like cardboard….and now we have to replace ALL the siding costing 24,000. The siding has also been recalled about 20 yrs ago. Are we Sh*t out of luck? Or is there something we can do like with a real estate lawyer? Or since its recalled clain on insurance? Help please i’m clueless and can’t afford 24,000.00!!!!

What does a legal assistant for a probate, estate planning lawyer do, please list responsibilities.?

On June 9, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / No Comments

Also i have an interview with a bankruptcy lawyer tomorrow, what kind of questions should i ask him.

I am planning on hosting a free Seminar pertaining to realestate in my local community?

On May 23, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / 1 Comment

What type of information would you want to know pertaining to real estate as a local citizen, i was thinking:
how to sell your home
what to look for when buying
local agents and lawyers
local home inspectors’
Rates

Is there anything else people would want to know and or learn about, this is my first seminar ~Thanks~

First time homebuyer… I need help/real estate lawyer? Big problem with lender from J.P. Morgan Chase?

On April 3, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / 2 Comments

I am trying to buy a home in Maryland I was approved for a loan and put a contract on the home sometime around 2/10. The settlement date was set for 4/3(this friday!). It states on the letter from the lender that
"The applicant has been approved by Chase Home Mortgage to purchase a property with the sales price of $91,000. It is our intention to provide a conventional mortgage for 90% of the contract sales price or appraised value whichever is less. Applicant’s credit, income, and assets have been reviewed and meet all program requirements. This approval is not contingent on the sale or settlement of any other real estate.
conditions:
Satisfactory appraisal of subject property
telephone re-verification of employment 24 hours prior to settlement."
Now 4 days before settlement the lender is telling me that 10% of the mortgage has to be insured by one of the major mortgage companies(in 2 months he failed to mention this) Apparently none of these mortgage companies are willing to insure this 10% even though chase says my credit is good enough to give me the loan.(ive been with my parents my whole life all my bills except my credit card, (car insurance, cell phone) are part of somekind of family plan so i pay my parents for them. This is not enough credit for them so now im being told I can’t get this loan without putting 20% down which i do not have. Is there any legal actions I can take in this matter? Maybe force Chase to insure the whole loan since they approved 90% of the loan? Is that possible? Also I have already paid 400$ for the appraisal I would like to get that back but i dont think its worth hiring a lawyer for. Are there any govt. organizations that exist to deal with lenders like this that might make this go away? Any suggestions that might help are welcome.

landlord wanted to amend lease but its a month to month and a one year!?

On March 13, 2009 / By Estate Planning Help / In Estate-Planning-Lawyers / 5 Comments

Really bad lease! just realized went to lawyer, its a month to month and a one year!?
my landlord has not been making their HOA payments or paying clubhouse dues, which were part of the rent and we understood that.
I went to a lawyer who found tons of errors in the lease that I overlooked, the lease is orignially a revised lease that she got to replace a lease we signed with a real estate agent that she fired.

1st mistake it says "tenant entering into a month to month lease" then she typed in her own font oct 1st 2008- september 31st 2009 1 year.
Problem: no september 31st. only 30 days in September,

2nd mistake "tenant must give 30 days notice to vacate" then she typed in 120 next to it.
problem : lawyer doesnt know because its a month to month lease shes typed a 1 year date unto if that line means that i give 30 days notice withing 120 days of lease ending if i plan on moving, or i give 120 days notice but how would u enforce that on a month to month lease.
Various other things lease contradicts itself, what to do

I guess the lease she amended this one with was better and this one is a month to month lease, that shes typed her own stuff over. Is this a really bad lease or no big deal, or what!?
to Chris:
I don’t know what i was thinking bro. seriously, she fired the agent who was the go between, and i had no lease for 2 months then she finally gets me this thing two month later, claiming she was saving me all kinds of money on fees (lies) then I tried to go to the clubhouse and they turned me away because she was behind on the payment arrangement for the arrears that she was behind on. she has been on a payment arrangement to pay her HOA since 08 they told me.
thats what made me seek legal advice,
no the month to month, and 30 days notice info on the lease isnt crossed out , she just took some arbratrary lease , and then used a type writer to type in whatever she wanted, i dont think she even read the landlord tenant act before she did this, and its going to probably be her demise. I have my lawyer sending her a letter but the lease is soo full of errors im not sure if its even valid thats all.

If I want to buy a co-op, I don’t have to pay any broker’s fee, correct?

On December 23, 2008 / By Estate Planning Help / In Estate-Planning-Lawyers / 3 Comments

Is it true that the seller of the co-op is the only one that pays a broker’s fee? I plan to buy in New York state.

Can’t I just make a direct offer to the seller’s broker myself? And if it’s accepted, then I will just need a real estate lawyer for the closing, correct?