how can my lawyer get my house back into my name since life lease is no longer what we want

Can a realtor put a house in your name without an attorney?

In this case the Realtor is stepping well beyond the bounds of a licensed real estate agent and into the realm of an attorney. Specifically, an estate and probate attorney. First, in most cases, you can’t put the house in your name absent a court order authorizing it.

Can I put a house in my name when someone dies?

First, in most cases, you can’t put the house in your name absent a court order authorizing it. That authorization comes during the course of a probate. Probates are a type of court action where a judge oversees the distribution of a person’s assets after they’ve passed away.

How do I remove my name from the title of my house?

Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed.

Can I get my money back from a lawyer?

Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls... Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer.

What happens if your ex doesn't let you get your property back?

When your ex is not letting you get your personal property back, it may make you want to retaliate. This is not in your interest. Your ex may feel like they are entitled to your stuff because you are no longer living there and left the stuff behind after you initially moved out.

How long does it take to get your house out of your possessions?

In many cases, you are supposed to be given a minimum of 30 days in order to remove the rest of your personal property from the residence.

What happens when you divorce your ex?

During a divorce or a legal separation, one of the biggest negotiated issues is the division of the property. While many couples will work together in order to divide their personal belongings, in certain cases, one ex will refuse to let the other take their personal property. In some instances, an angry ex might act out their anger by withholding ...

Is it illegal to keep a secret?

It is illegal to keep any items you took a secret. Keep in mind, however, some of the items that you choose to take initially might be deemed a marital asset and might either have to be given a cash value to split or you may have to give it back.

Do you have to pick up your belongings?

The most important thing to remember is that you need to pick up your belongings when you agree to. If you set a date and do not pick up your personal property, there are some instances where you may lose out on getting it back at all. This is especially true if you and your significant other were not married.

What happens if the seller knows of a defect in the property?

If the seller knew or should have known of a defect in the property, the seller will be liable to the buyer for not only the cost of the repair but quite possibly the buyer’s attorney fees and costs as well. Even if you do everything right, you are at risk of having to hire an attorney to defend you in a lawsuit.

Can you transfer a property to your name during probate?

An exception to those laws applies to properties sold during the course of a probate. Because most disclosures are not required during a probate, you won’t have any liability to the buyer. So by transferring the property to your name you are giving up all of the legal protection you enjoy as the executor.

Can you put a house in your name without a court order?

Specifically, an estate and probate attorney. First, in most cases, you can’t put the house in your name absent a court order authorizing it. That authorization comes during the course of a probate.

Do you have to probate if you are on title with your parents?

No probate necessary. If you were on title with your parents as a joint tenant, the minute they died you became the sole owner. Back in the day, joint tenancy was a common estate planning vehicle. But for the most part it has fallen out of favor for a number of reasons. Still, the system exists.

What happens if a parent signs a quitclaim deed?

If a parent uses a quitclaim deed to sign over the title to their home to a child and that child records the document, the parent no longer owns the home. (Dreamstime.com) (Dreamstime.com)

How much tax exemption do you get if you don't own a home?

That might exclude you from obtaining the $250,000 exemption (up to $500,000 if you're married) from federal taxes on the profits from the sale of the home. We've discussed the exemption at length in other columns.

Can you find a copy of a 2012 deed?

Once you perform the search, you should be able to find a copy of the 2012 deed. That deed should say that you conveyed title of your home from your name to the name of your living trust. When you find the document and see that title of the home is in the living trust, you shouldn’t have to worry. Once the property is in your living trust, you can ...

Can you sell your home and put it in a living trust?

You can sell the home and treat the sale as your own for federal income tax purposes; at least, that’s the way it works for the vast majority of homeowners who put their properties into their living trusts . Many people forget to actively transfer the title to their home into their living trusts.

Can you get automatic ownership of a home?

Not only do they not get automatic ownership in the home, but unless a will or other legal document spells out exactly what is supposed to happen to the property, ownership may be divided among a living spouse, children, other heirs or a combination of those depending on state law. Advertisement.

Do you have to transfer a title to your home when you die?

Many people forget to actively transfer the title to their home into their living trusts. If they forget to take this last step, the title remains in their name; when they die, the property usually will have to go through probate court to transfer the title of the home.

How long does it take to settle a liens claim?

It’s usually easy to settle liens, unless the government has a lien against your settlement. If you have any liens from a government-funded program like Medicare or Medicaid, it takes months to resolve them. Your lawyer also uses your settlement check to resolve any bills related to your lawsuit.

What is a lawsuit loan?

A lawsuit loan, also known as pre-settlement funding, is a cash advance given to a plaintiff in exchange for a portion of their settlement. Unlike a regular loan, a lawsuit loan doesn’t require a credit check or income verification. Instead, we examine applicants based on the strength of their case.

Do you have to pay liens on a personal injury case?

If you have a personal injury case, chances are you need to pay outstanding medical bills or liens. As soon as your case settles, you have a legal obligation to pay these bills. Once your lawyer receives the settlement check from the defendant, they usually use the proceeds to pay any liens on your settlement for you.

Can a lawyer give you an advance?

Your lawyer isn’t obligated to provide an advance, but they may do so as a kind gesture. Can’t Wait for Your Settlement Check? Consider a Lawsuit Loan. If you need your settlement check and your lawyer cannot give you an advance on your pending settlement, consider applying for a lawsuit loan from Nova Legal Funding.

Can a release form be delayed?

In rare cases, you may experience delays if you or the defendant disagree with the provisions of the release form. This usually requires the release form to be redrafted. Every state has different laws regarding the amount of time a defendant has to issue a settlement payment once you sign the release form.

Can a lawyer release a settlement check?

Most of these bills have a fixed amount, but your lawyer might have to negotiate a payment for other services. While your lawyer cannot release your settlement check until they resolve liens and bills associated with your case, it’s usually best to be patient so you don’t end up paying more than necessary.

What to do when you remove your name from a property?

If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed. When transferring property ownership, you’ll use one of two deeds of conveyance: A quitclaim deed.

How to remove names from a deed?

Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why.

What do you need to do if you don't have a will?

If it wasn’t, then you’ll need to write up a new deed to replace the current one. If you’re willed the property, then you’ll need an executor’s deed. If the owners died without a will and the court granted you ownership, then you’ll need an administrator’s deed.

What is the importance of knowing the type of property before you transfer ownership?

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Where can I get a quit claim form?

Complete, review and sign the quitclaim or warranty form. You can get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed.

Can you quitclaim a deed?

Learn when to use a quitclaim or warranty deed — and important differences. Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed . If it’s your name, you’ll typically complete a deed of con veyance.

Where to submit a deed to a property?

Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry. Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

John S. Fason

Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

What to do if your attorney is not responding?

If you are not satisfied with your attorney's response, or, if you do not get a response, then you should speak with new counsel about your legal options.

How long does it take to get money out of escrow?

Sixty days is a reasonable period of time. I suggest you contact your lawyer both via telephone and in writing requesting the money held in escrow be released. If he refuses to give you a reason why it's being held and does not release the funds to you then consider filing a grievance.

What to do if tenant doesn't work?

If that doesn't work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system. 2. Unlawfully Evict Tenants.

How long do you have to give notice to a tenant?

According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. 3 The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant.

What time can a landlord enter a rental unit?

9 a.m. to 5 p.m. The only hours that landlords are able to enter a renter's unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday. A tenant cannot deny a landlord's access to the property when proper notice is given and the request is reasonable.

When a landlord gives proper notice, what is the purpose of the notice?

When a landlord gives proper notice, whether it is in order to make repairs, conduct a routine inspection, show the property to prospective future tenants, or to carry out any other reasonable request their tenant may have to invite them to the unit.

When will the CDC extend the eviction ban?

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, which, as of this writing, has been extended until July 31, 2021. Applying to residents earning less than a specified amount, it bans evictions for nonpayment of rent. 6. 3.

Can a landlord own a rental property?

Although a landlord may own a rental property, tenants have unique protections from discrimination, harassment, arbitrary rent increases, and wrongful eviction.

Can landlords increase rent?

Landlords may also increase rent if the property is located in a city with rent-control or rent-stabilized ordinances that permit such changes. These ordinances define the circumstances under which the rent of qualifying properties—usually older ones—can be changed, and by how much.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

What happens if you file a motion for substitution of counsel?

If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.