You can file a court case if you have any evidence that the person transferred the property to avoid creditors. The court will issue an 'ex parte' lien against the property if you are successful.
Yes, property that is owned but not titled in the name of the deceased can still be considered part of the estate. If the deceased had an equitable interest or a beneficial ownership in the property, it is included in the estate for probate purposes. The estate may need to go through additional legal processes to establish ownership and transfer the property according to the deceased's wishes or state law.
If the estate is governed my a legal document, i.e. a will or trust, and there is no specific language about the real estate then the real estate would be part of the residual estate. However, it also depends on how the real estate is titled at the recorder of deeds. If the real estate states that another party has the right of survivorship or is a joint owner other factors come into play. Before this question can answered to its fullest one must determine how the property is titled.
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It depends on how the business and the loan are titled. If the business is a partnership, the business may be responsible for paying the loan. If the borrowers signed as individuals the surviving signer may be able to make a claim against the estate. You should consult with an attorney who can review the loan and any business documents and explain your responsibilities and options.
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This depends what other assets you may have.Added: You say that you bought him out of the mortgage - but you don't mention anything about how the property is TITLED or DEEDED. If you die while he is still married to you and is still on the title and/or deed, he may be entitled to the property depending on how it is titled in your state.
The 4th amendment does extend to automobiles. No Police Officer or Government official may seize any property from a persons property unless you're under arrest for a crime involving that said vehicle or they have a warrant for that said vehicle.
Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.). However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.
Can you sell a real estate property titled in trustee after mother and father dies
Take them to court. nicole * Depending upon how the property is titled and the laws of the state where the property is located, the owner's may be able to file a lawsuit against the non compliant owner and request the property be partitioned.
Yes, if you live in a community property state.
Sorry I cannot give a more specific answer. Whether or not a lien or forced sale can be initiated against property depends on how the property is titled, and the state statutes. In most cases liens can be placed against the percentage of property that is owned by the debtor, but a forced sale cannot be implemented.
Yes.
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An Automobile is titled property. The probate court has to authorize the transfer of title.
If the property is jointly titled it would have to be retitled according to state statutes. If a lien has been placed against the property the property cannot be retitled, sold, or refinanced until the lien is satisfied.
There is a distinction in Arizona between an "ownership" interest in property and a spouse's "lien" against the same property. Generally, real property (land and homes) owned prior to marriage and titled solely in one spouse's name is that spouse's sole and separate property. However, your spouse may be entitled to a portion of a "community lien" against the property based upon the payments and/or improvements made upon the property with "community" funds. In the end, it sounds as if the property should be awarded to you as your sole and separate property; although you may owe your wife some amount for her lien against the property.