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  1. W

    Executor of will but see issues

    I'm not the one with the soap-box.
  2. W

    Root from my tree damaging neighbors foundation

    You have no liability for his damage. Your neighbor is entitled to self-help and cut and remove the root up to the property line as long as he does not kill the tree. If doing so does kill the tree, you would have a claim against him.
  3. W

    Executor of will but see issues

    I don't see that in any post unless it was in a PM. But what attorney wouldn't have concerns for a fee.
  4. W

    Executor of will but see issues

    Tell me what you think is ambiguous about the bequeaths. The only person that is making the will ambiguous is the nominated executor. The will says what it says. There is no construction to consider a question of what the will says. Do you see anything ambiguous about that construction? So...
  5. W

    Executor of will but see issues

    When your nominated administrator is also a beneficiary it is unwise to share the will while you are still alive. Wills can change at any time while you are alive for many reasons. There is a will so the friend in not going to die intestate. If someone is not a named beneficiary they don't...
  6. W

    Executor of will but see issues

    Your friend was wrong in sharing the contents of the will with you. You are being way too anal about the possible outcomes. I would decline the nomination of executor if I were you. If your friend's will follows the laws of their state then you do the best you can to comply with the terms of...
  7. W

    Banks that charge non customers check cashing fees.

    I have trouble understanding why you care about how the bank reports it's income and how you think that affects you in any way. If you receiving these $100 checks because you're in business you report the $100 as gross income and you take a $5 write off as a business expense (bank charge).
  8. W

    I'm in lease limbo and I don't know if I have to pay rent

    If you lived there then you are obligated to pay rent for the time you were there. With or without a formal lease.
  9. W

    Trustee buying trust assets from a beneficiary

    The income from the properties may exceed the value of the trust assets over time. Go consult with a probate attorney and possible remove your sister as the trustee.
  10. W

    Covered Drainage Culvert

    You got that correct. There is almost always an easement (measured from the centerline of the road) that is for public use. Part of that easement is on Mary's land and although she must maintain it (cutting the grass, and maintaining the ditch) she runs a foul if she did what she did without...
  11. W

    Questionable statements and behavior from my lawyer

    I disagree with you and with OP's attorney. Although I can't find a case that is on point, the fact is that OP is a joint tenant in the house and doesn't have to pay rent to live in a house he owns. As to the taxes and other bills that were paid by the mother, that was by agreement between OP...
  12. W

    Division of Assets for Medicaid

    Best advise so far. There are also elder care advisors that know the law of the state, what you can keep and still qualify for Medicaid. My mother used an elder care advisor that reviewed all the assets and what she had to do to qualify for Medicaid for my father. She did what they told her...
  13. W

    Holding the previous owner to account for something that is not up to code?

    You still haven't told us what code violation you are talking about. Why is that?
  14. W

    Adverse possession of easement

    A permanent structure is required to take back a part of an easement that was granted. That is why. As I have said many times now, this is not an AP case. OP has no claim to the dominant estate easement. How about you do some research on the non-use of an easement and if that gives rise to a...
  15. W

    An Afghanistan Thread

    It's not just matters of opinion. It is also matters of fact. I have no problem with your opinions. I just don't know where they come from given that both of us lived through the 4 years of the Trump administration and my experience is so different than yours. What I know is from my own...
  16. W

    Adverse possession of easement

    You really are not listening to what I post. Everything you quote is true if you are dealing with a case of AP. But you are not dealing with a case of AP in your situation. Adverse Possession in the simplest terms is the use of property by someone that does not own the property and does not...
  17. W

    Adverse possession of easement

    There are basically two ways that easements are created. One is by grant usually within a deed for a specific purpose such as ingress/egress. The other is by prescription by use (requires a court to rule). What we have here is a granted easement for ingress/egress of a certain width. The...
  18. W

    Adverse possession of easement

    In all the cases you cited there is not one that only deals with a fence line. There are no permanent structures erected by you on the easement. There is nothing being stored by you on the easement. Go and see the attorney and if he tells you that you have a case for AP ask a different...
  19. W

    An Afghanistan Thread

    You must live in a parallel universe.
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