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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My elderly father just signed over an old house with renters

Customer Question

My elderly father just signed over an old house with renters to me last week- (I won't even receive deeds for 3 weeks) and today one of the renters called & said she fell through the stairs and broke both ankles. I also just found out my dad has no insurance
in this old house. What happens next?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns. I appreciate you requesting me and I will try to help as much as I can.

Oh, good grief, that sounds terrible. What, if anything, have you done so far?

Customer: replied 1 year ago.
Contacted you -just spoke to renters a few hours ago- they were headed to hospital of course.
Customer: replied 1 year ago.
I'm in Texas and they're in Az.
Expert:  Dimitry Esquire replied 1 year ago.

Are you able to get to Arizona or do you have a management company or other representatives there that could help? Or are you on your own?

Expert:  Dimitry Esquire replied 1 year ago.

In whose name exactly is the property listed under at this time?

Customer: replied 1 year ago.
I just returned from Az last week when my dad signed deed over to me - currently going through the county paperwork process- my dad is in very poor health- so I quit my job to go help him last year. I go about every 4-6 weeks- my mom has severe dementia & they live alone- I have no help with the property up there. I have school age children to take care of here in TX
Customer: replied 1 year ago.
We just removed a squatter from the property in late July & the neighbors across the street kept asking to move in to our property so we decided to let them move in 8/16/15
Expert:  Dimitry Esquire replied 1 year ago.

Okay, let me try to answer this as best as I can.

If the property is under your name, even if it is not under insurance, you are liable for their injuries IF the injuries took place due to the shape of the property. If the home is under your father's name then the same applies but to him. You MUST obtain someone who can inspect the premises, figure out what took place, and perform repairs. And, if you can reasonably ascertain that it was the home that caused the damage to figure out a settlement right away...the longer you wait the more expensive it may become. For that you might want an attorney, and likewise if you find out that this was caused by the home, offering to pay medical bills is a good idea. That does not mean you admit liability, but it shows good faith. If you cannot afford it, then stall and potentially consider bankruptcy as a way out, or if they are reasonable, a payment plan for their injuries and for pain and suffering.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
What about free rent as an option , as We had a failed business just 6 years ago and can not file.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

You can try it but I sincerely ***** ***** they would agree. Broken legs are one of the most expensive medical expenses out there, as are broken ankles. You can absolutely suggest it but they do not have to agree or consent to it.

Sincerely,

Dimitry, Esq.

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