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real estate

What is Eminent Domain? Do I have to hand my property over to the government?

The government has the power to seize private property for public use under the authority of eminent domain. However, this doesn’t mean the government can take your land without compensating you for it. In fact, not only does the government have to provide you with “just compensation” you are also given an opportunity to object. The legal process of eminent domain is known as condemnation and is only used when private property is needed for the

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My name is on the deed not on the title. Do I own the house?

ADDITIONAL INFORMATION: My grandmother bought a house and put it in my name. However, the title is in her name. She is now deceased. Trying to figure out if the house is mine or if it passes on to her (adult) children if no will. ANSWER BY MARGARET CROSS-BELIVEAU: The term title is synonymous with the deed.  Do you have an unrecorded deed so that the last one is not on record at the Registry of

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Does my brother have a right to sell my mother’s house?

ADDITIONAL INFORMATION: My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of prison and wants the house. He only lived in the house for one year and never paid even one bill. I used my retirement from a previous job to pay off the house

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Does an executor need to disclose how money is being spent?

ADDITIONAL INFORMATION: My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what was in her accounts. I have been told that I do not need to know, or how the money is being

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Will my father lose his home??

ADDITIONAL INFORMATION: My father is 80 years old and his wife Gracie is 72. They have been married for 32 years. My father has 3 children with my mom, he and his wife have no children together and she had no other children previously. She owned their home when they got married and they have had several subsequent mortgages; currently they are upside down in mortgage debt. Gracie has bequeathed the home to family members other

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My husband and his mother own a two family house what happens if one of them dies?

ADDITIONAL INFORMATION: My husband and his mother bought a two family 20 years ago I just married my husband five years ago he has no children of his own his mother has five children what happens with the house if one of them dies? Thank you…They are both pretty ambivalent about seeing a lawyer they seem to think everything will just work out. ANSWER BY MARGARET CROSS-BELIVEAU: It depends on how your husband and mother-in-law took

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Must a trustee transfer the title of a home he inherited (currently in a Trust) before selling it?

ADDITIONAL INFORMATION: My friends brother was “willed” a home from his Father. His Father setup an irrevocable trust to handle his assets after death. My friends brother kept this property within the trust for almost 24 months, expensing taxes, repairs and other items as trust expenses, then sold the house directly from the trust and is now claiming 100% of the proceeds of the sale of the house. In other words, he charged the trust $20k

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