George Ord

Property line disputes can be categorized into boundary lines, fences, and tree trimmings. When you have a dispute with your neighbor, your first line of action should be to try resolving the issue with the person. You should bring out all supporting documents that can help clear the air. If this fails, get a professional report from a land surveyor. If this fails, get the services of a mediator who will be able to work with both parties for a resolution.

Real estate litigation can take months and years. Some lawsuits can be promptly resolved under the right, expedient circumstances. Most lawsuits, however, do not have legal bases for expediency. The time between the beginning of a lawsuit and final judgment can span a year. If at the end of this time, the decision is not well-received by either of the disputing parties, an appeal can be made. It could take up to 12 months to receive a ruling from the court of appeal.

The common issues that arise in real estate litigation include boundary disputes, encroachment, right of way, easements, foreclosure, and adverse possession. Boundary disputes arise from issues like erecting a fence or other improvements that violate a restrictive covenant. The types of lawsuits that can arise from a boundary dispute are continuing trespass and declaratory judgment. Continuing trespass requires the courts to find your neighbor guilty of trespass, while declaratory judgment allows the court to determine disputes based on law and deeds.

Litigated property is property over which there is a dispute. The dispute could be between property owners and their tenants. It could also include the ownership of residential, commercial, industrial and agricultural property. In property litigation, the dispute is resolved within the court system. Using litigation as a means of resolving disputes over property can be a slow process. Property litigators often prefer alternative dispute resolution methods. They are usually less expensive and time-consuming than litigation.

Yes, a decision made by the probate court judge can be appealed. If you are not satisfied with the decision of the probate judge, you can file an appeal with the local superior court. You can also file directly with the district court of appeal. The steps include: - Identifying grounds for appeal: Usually filed to see if the judge incorrectly interpreted or applied a law - Write and file an appellate brief - File a notice of appeal

Yes, there can be litigation when there is a trust. Different situations can arise where a trust, the actions of a trustee or the validity of the trust itself will be challenged. These situations include: Contesting the trust: This arises when a beneficiary is cut out of a trust or receives less than expected. Trust construction and termination: When confusing or contradictory language is used in the trust Challenges to the trustee’s actions: Focused on the actions or inactions of the trustee

Any property owned by the decedent is subject to probate except for the following: Property held with someone else having a right of survivor-ship stated in the titling document, for example, a joint bank account, real estate held jointly with right of survivorship, real properly held with a spouse.

No, you cannot get letters testamentary without probate. To dispose of probate assets greater than $75,000 you would need to open an estate by petition to the court to appoint you as personal representative. You will have to appear before the probate court with the decedent’s will if there is one, l and death certificate. You will also have to prove your ability to act as the executor of the estate. This includes proving that you are of sound mind and legally qualified. If the estate assets are less than $75,000 you may be able to dispose of the assets through a Summary Administration in which no personal representative is appointed.

A guardian of property is a court-appointed person whose duty is to manage the financial affairs of people who are unable to do so... the people whose affairs guardians manage are called wards. While a guardian of property is appointed to address the ward’s needs for financial oversight, the guardian does not have unbridled powers. A guardian cannot change a beneficiary under a will. He or she, under limited circumstances, can petition the court to establish a Trust for Ward’s assets which could have much the same effect. The guardian would have to prove to the court that doing so would be in the ward’s best interest.

You can contest a will in probate if you believe that there is something wrong with the will and you can provide evidence of it. The grounds on which a will can be contested include: Mental incapacity Fraud Undue influence Insane delusions Lack of proper formalities If you receive notice, by certified mail, that the will has been offered for probate with an opportunity for you to contest, you must contest the will within 20 days of receipt of that notice. If you receive notice that the will has been admitted probate without prior notice to you, you must contest the will within 3 months of receipt of that notice. In any event, you must contest the will before the probate process has been completed.