Jump to content

Ojo Rojo

Legacy Members
  • Posts

    1583
  • Joined

Everything posted by Ojo Rojo

  1. Okay, where you have community property and kids outside of the marriage that existed on the date of death, 1/2 goes to the surviving spouse and half goes to the kids of the decedent. So her daughter should own 50% and his five kids own the other half in undivided interests. That is also how the property tax debt should be split: 1/2 to her daughter and 1/5 each to his five kids. The deceased sibling's share will pass to that person's heirs. It will be separate property though, if they were even married, since it was inherited. The property would go to the deceased siblings children equally, if any, with the surviving spouse, if any, having a life estate in 1/3. If the daughter got a deed after probate then her interest is secure. The affidavits of heirship should work for the others, including the deceased sibling's heirs, provided the title company and the lender involved in the sale will accept them. An affidavit of heirship is the least reliable form of conveyance of decedent's real property, so sometimes lenders and title companies won't accept them. But it's really going to be up to them. I would avoid the estate administration route unless you are required to in order to sell the land. Even then it might take too long to get an administrator appointed before the county forecloses on their tax lien. If that was going to happen then I would pony up the cash to pay the taxes and get reimbursed later when the property sells. I would avoid the county's foreclosure sale at all costs. To answer your question, though, in the event you do have to get an estate administration (you would have to have two in this case - one for the stepfather's father and one for his deceased child's interest), then you do have to get consents from all of the heirs for an independent administration. Costs of administration are born by the estate, so any money in the estate, including proceeds from the sale of real property, would be used to cover the costs, which will be mostly the attorney's fees. Some attorneys will require a retainer up front, so someone might have to come out of pocket for that. I typically would not in a probate or estate administration because the estate is going to have money enough to cover my fees and I didn't want to make an executor or administrator come out of pocket for that before they got access to estate funds.
  2. Thanks. I might take you up on it. We're a little more progressed than I let on originally. With one of the potential buyers we've already given him a price and we're waiting for him to go look at the property and get back to us. That price was based on the (mostly bad) information we could actually see. If that falls through then I will probably want to get more scientific about our asking price with the second potential buyer.
  3. I'm confused by the people involved and their relation. The original two people who owned the property were your stepfather's father (your step-grandfather then? Is that a thing?) and your stepfather's father's wife, right? (She would be like your step-grandmother?) So the wife is not your stepfather's mother? She was married to your stepfather's father, right? So, stepfather's father had five kids from a previous marriage? And his wife had one daughter from a previous marriage, right? I also don't have enough info to give you a complete answer. Did they buy this property while they were married? Did one or the other own it prior to marriage? Did they have a mortgage on it that they paid during marriage? It matters if the property is community or separate property since he had no will. On your first question, did the sibling who passed have a will or no? On Question 2, each owner is responsible for their proportionate share of the property taxes. So the daughter of the wife would owe the taxes due on her 50%; the other five interests would each owe 20% of the taxes on their 50% of the property. If you are within four years then you can file for an estate administration for him. That would settle who gets what from his estate. It sounds like the daughter probated the mom's will already if she was able to get a deed in her name. Or, you can do an affidavit of heirship, which is a helluva lot cheaper and faster. It also sounds like they need a family settlement agreement between all six of them to agree on how the property taxes will be paid. Ideally the property would be sold, the taxes would be paid from the proceeds (which might happen automatically if the taxing authority already has a judgment and an unexpired abstract on file) and the remainder distributed 50% to her and 1/5 each from the other 50% to the other siblings and the heirs or beneficiaries of the deceased sibling. If you want to PM me with other details out of the public eye I'm happy to answer questions.
  4. It's a house on a lot and a half. Yeah, I thought about this. Two problems: I have a conscience and I try not to be an asshole and I have several relatives who are realtors in the area so I'm obligated to use them. Except I can't screw my relatives (this ain't Oklahoma), I hate asking for favors and I just generally want to keep them out of it for now. The buyers are actually people we know. Word got out a little that we were interested in selling soon and that's how they came to us. One is a friend of a friend kind of deal and the other is an adjacent property owner who has expressed interest in the past.
  5. This is the moment.
  6. I need dumb question amnesty on a real estate question or two. The situation is that we own some property on the coast and we're looking to sell. We have a couple of interested buyers coming in with cash so we may not involve a realtor. The problem is that we don't know what to ask for the property. I mean, we have an idea based on what information we can get, but I'm not that confident. We can look at Zillow and other sites for listings online, but listings aren't comps. I've found a few on Trulia where the homes actually sold and I can see what was paid, but there are very few and no comps. So first question is - where can I go to see prices of homes actually sold in an area? Second question is: We asked a relative who has access to MLS to look up some comps for us, but she couldn't see homes sold in this particular area. I thought MLS was nationwide, no? Do you pay for a subscription to just a certain area, or what?
  7. I am. What's the question?
  8. There goes the no-hitter.
  9. Based on latest ESPN article, dude is turbofucked. Minimum one year suspension expected once all the dust settles from the criminal investigation. And then some team is going to have to take a big risk allowing him to play. He might never pitch in MLB again. Couldn't have happened to a nicer guy.
  10. Brad Hand cut by Blue Jays. Not sure if anyone else has picked him up. He's been really good, but has sucked this year since getting to Toronto. Should the 'Stros pick him up?
  11. This is what I have pretty much experienced myself. I just haven't done enough of it and not with the right focus. I once interviewed at another firm years ago. One of the partners I was interviewing with had a very large book and good clients so I asked him, "What do you do?" He laughed and said, "Hang out at bars, mostly." I think I could do that.
  12. No way No. 1 is true. These guys are professionals. Graveman is a professional. He'll go today or tomorrow. I think almost all of Dusty's decisions have been within the realm. Sometimes players don't execute; other shit happens. Not every failure, bullpen or otherwise, goes back to a manager's decision.
  13. Oh, I know. I probably shouldn't have responded. You are exactly right about the marketing direction. That's what all of the marketing consultants I've dealt with have told me. That's the conventional wisdom of the legal marketing gurus in print. That's what friends and peers have told me. I haven't taken that step because when you aren't getting enough quality work, it's counterintuitive to cast a narrower net. Also, I'm having a hard time conceptualizing the identity of our firm given the specialties of the individual lawyers in it. It's not a natural fit of practice areas, I'm afraid. That may not matter, though it would be easier to market a firm with a single specialized practice area than marketing a small group of individual lawyers, each with their own specialties.
  14. I've considered it and consulted with people inside and outside of my firm and I don't think that's it. I've led this firm through some serious adversity since being thrust into this role, which at the time involved putting out a flaming pile of dogshit. Shortly after I got us through crisis mode, one of our major rainmaking partners died in a tragic accident, so not only did I have to recover the business from that blow, I also tried to take care of his family as much as I could. It's been a very tough road, but we're still here.
  15. Yeah, but exhibits are usually already named in sequence: Ex. A, Ex. B, Ex. 1, Ex. 2, etc. (I know this is getting old, so I'll stop soon.)
  16. I can see that, but if you do need to see the order something was filed, just go to the clerk's website and look at the docket. Plus, the names of filed documents will be different. "Motion" followed by "Response" followed by "Reply," etc. It should only really be a problem if you have a document with the exact same name, which would be fairly rare with court filings. How often are documents with the exact same name filed on the same day or in succession? I can't think of any examples off the top of my head.
  17. Yeah, this is a good point too and has happened to me. My control for this is that I number each version in the name of the file. That way, even if the date changes I can still see the order of the different versions. I very rarely have to recreate or show the chronology of changes or the dates of changes to a file. If I did, there would still be a way to do that in MS Office by using version history. You can even restore a prior version with the original date.
  18. Okay, sure.
  19. I care if it's something I'm working on too or will need to refer to later. I'm talking about files that are saved to a server and everyone has access to them. Files saved to your own drive are a different story - don't care about those. It wouldn't be as bad if they didn't put the date in the beginning of the name. If it's a sorting issue, you can always sort by date without having the date in the name of the file.
  20. Never.
  21. Do it every day. Putting the date in the name doesn't help you when you have multiple revisions on the same day. Plus, windows automatically includes the time of the last revision, in addition to the date. So you can list by date and the earliest versions will show up in order based on time and date. What I do is, if it's my revision then I'll put a parenthetical with my initials (BMF) and Rev. X. Each successive revision of mine will be X+1. Works for me. And when they ask for my latest version, I tell them, "It's the one with BMF on it."
  22. New tradition, you say?
  23. Something could be pointless without being redundant.
  24. When people save files with the date in the name. Totally pointless, redundant and confusing.
×
×
  • Create New...