Estate dispute lawyers

What is an estate litigation lawyer? What does a real estate settlement attorney do? Do real estate lawyers go to court? Will and estate lawyer?

Estate and trust litigation attorneys primarily represent clients in litigated disputes over estate and trust assets or distributions.

Estate litigation involves wills and matters arising from the death of an individual in relation to their assets. At Fair Share Lawyers , our estate dispute lawyers want to help with your probate court issues. A real estate lawyer can help with negotiation, addressing mortgage frau managing foreclosures and bankruptcy, transfers of titles and deeds, property ownership disputes , zoning issues, creating a co-ownership contract for joint purchase of a property, and much more. Due to the complex nature of estate disputes and probate, they need to be handled by a lawyer with a comprehensive understanding of the estate litigation system. Pankauski Hauser Lazarus PLLC has the experience and concentrated approach to help with even the most complicated estate controversies.

The property dispute attorneys of HHS Lawyers are some of the recognized professionals that can handle matters related to real estate conflicts, regardless of the complexity and size. Known for being highly skilled and assertive litigators, our team specializes in arbitrations, mediations, and other property dispute resolution alternatives. Property disputes can involve just about anyone who has an interest in the real estate in question.

For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department). Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes. See full list on legalmatch. As we said before, property disputes can range from the small to large, and can vary in their severity.

Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. Landlord-Tenant Disputes:Which can sometimes involve a dispute over who is responsible for damage or repairs to the property, whether there was sufficient damage for the landlord to retain the tenant’s security deposit, or issues regarding eviction from a property. Zoning Issues:Which involves whether the property is being used for the same purpose it was zone what zoning ordinances the town has in place, and whether the owner needs to apply for a variance from the town.

Homeowner Association Responsibilities:Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements:Sometimes homeowners may not realize whether or where utility e. Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

Clouds on title are usually found during a title search on the property. For example, a legitimate question about rightful ownership can directly impact an impending sale–if the party who signed the contract to sell the property does not own the property, they have no right to sell! This serious cloud on title is best handled with the help of an experienced real estate attorney, who can research the chain of title in the county records and determine whether corrective documents need to be prepared and filed with the county or whether a quiet title lawsuit should be initiated to clear up the issue.

Other clouds on title can be smaller. A tax lienfrom the IRS can be resolved by paying any back. Remedies for property disputes often depend on the nature of the dispute and the state where the property is located.

Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the court. In some cases, the court may use a judicial sale of the property to remedy the situation. This is most common in foreclosuresituations, where a homeowner has failed to make mortgage payments.

Judicial sale also occurs in partition actions, where co-owners of a property no longer want to be co-owners. In a partition action, the court may order the property sold and the proceeds distributed among the co-owners according to the proportion of their owners. It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes.

If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney. However, there are some situations where it is important to consult a qualified real estate attorney right away, especially if someone is trying to claim ownership over your property or there is a genuine issue with title to the property. Property laws can vary greatly depending on what state you are located in, and it is extremely helpful to consult an attorney local to you, who is knowledgeable about how property laws work in your area. A local real estate attorneycan talk through the situation with you, research the public records regarding the property, and give you the best advice on how this affects your property and the. When a family member dies, it is an emotional and trying time, made more difficult when a person has been treated unfairly in a will.

The lawyer will advise you of this fee up front. Typically, the range is $1to $3per hour, or. What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land.

In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. While natural boundaries like ponds or roads can help establish lines, the property line is often an arbitrar. When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive.

The first step is to schedule a real discussion , where each of you brings your various legal documents , largely from the home transfer and title insurance files—deeds , plat maps , and property surveys—to the table. Sharing this sort of objective information might help you to avoid further conflict or litigation. There might be a simple misunderstanding.

Unfortunately, the standard title insurance policy contains an exclusion specifically meant to make sure the company does NOT get dragged into boundary line disputes. In the best-case situation, it might agree to provide legal representation and litigate t. You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator. You might want to consult an attorney, especially if the dispute is over a significant piece of land.

Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to your former adversary. This can create awkwardness and tension for years.

Moreover, litigation will be time-consuming and expensive for both you and y. Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes—erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1. You have the facts wrong, or have incorrectly read the deed to your property. Is this the sort of dispute my title insurance policy might cover?

Estate administration is equal parts legal and personal, with often-jilted beneficiaries mounting challenges intended to use material assets to alleviate emotional wounds. But, according to Bobak Nayebdadash, an attorney with the firm of Grace A. Lou in Los Angeles, nine times out of the conflicting parties end up the worse for war overall. Questions Answered Every Seconds. They are often emotionally charged and may also affect your financial stability, making it important to protect your interests. For assistance closing on a house, resolving land disputes, estate planning, bankruptcy or any other real estate issue, the attorneys at Morris James are dedicated to client support and service.

Percentage of lawsuits that settle before trial Approximately of all the cases filed in U. Neighbor Disputes Unless you live on hundreds of acres of lan you have probably had to deal with neighbors in some capacity. In most cases, neighbors are not family members or friends, yet instead tend to come from multiple backgrounds. To schedule a consultation, please contact McLarty Wolf.