0
What else can I help you with?
Do you need to be an attorney to own a Real Estate Title company?
In order to own a real estate title company you do not have to be an attorney. It's often the case, however, that attorney's who work with real estate law provide title services.
What are some typical cases that real estate lawyers might handle?
A real estate attorney might handle disputes regarding ownership, legal filings, disclosures, etc. Before closing, the services of a real estate attorney are invaluable (and often required) to review all documentation; make sure there are no covenants, easements, liens; verify the agreement with the lender, etc. A real estate attorney often attends the closing with the buyer or seller.
Who pays real estate taxes and other related expenses on estate property before distribution is made to the heirs?
The debts of the decedent must be paid by the estate before distribution can be made. If there isn't enough cash the property must be sold to satisfy creditors. To save the real estate heirs often get together and pay any outstanding debts in order to inherit clear title to the RE. YOu should discuss it with the attorney who is handling the estate.
What is a fee attorney in Texas?
A fee attorney in Texas is a private attorney who is contracted by the state to handle specific legal tasks, typically related to real estate transactions, such as closing loans and handling title matters. These attorneys receive a fee for their services, which is distinct from traditional attorneys who bill hourly or charge flat rates. Fee attorneys often work within title companies and are responsible for ensuring that all legal requirements are met during the closing process. Their role helps streamline real estate transactions while providing legal oversight.
Do you have to be present when made as the executor of an estate?
No, you do not have to be present when appointed executor. The court will provide a letter of authority. This is often handled by the attorney advising the executor.
How much does an estate administrator for his mothers estate make?
Most people do not charge for administering an immediate relatives estate. They can waive the fee and often do to avoid family squabbles. In some states the rate is proscribed in the probate laws. Consult a probate attorney in your jurisdiction for specifics.
Is there a way to become administrator of an estate if the children of the deceased cannot agree?
Yes, in such cases the court will often appoint a neutral third party, such as an attorney or a bank.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
With whom must you file the durable power of attorney forms in California?
Generally, the durable power of attorney forms can be filed with the local county recorder. This is frequently required for estate or finance transactions. Often, however, depending upon the transaction you are trying to complete, the durable power of attorney need only be produced by the attorney-in-fact when they complete a transaction on behalf of the assignor.
Can real estate broker advise client on the legal aspect of the contract?
In many states it is against the law to practice law if you are not a licensed attorney. A real estate broker should not be giving legal advice even if they have a law degree. There would be a conflict of interest. A prudent buyer should not rely on legal advice from a real estate broker. Legal advice should be obtained from an attorney who is paid to represent you and you alone. Although it rarely happens, your attorney should review contracts before you sign them. Unfortunately, an attorney more often gets involved after the binding contract has been signed and the buyer has hit a snag.
Can your attorney friend be your will executor?
Yes, an attorney is often used as executor. The court will often appoint an attorney if no one else is available.
Can a trust eliminate a husband's right to one third of his wife's estate if he is omitted from her will.?
Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.
