Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I wrote a question to you an hour ago. It was a continuation

Customer Question
Hi. I wrote a...
Hi. I wrote a question to you an hour ago. It was a continuation of a question you answered a couple days ago
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 hours by:
8/28/2015
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,578
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello again,

Unfortunately, I was fast asleep at that time of the evening... but I just checked in and saw your post..

.

For Barrister Aug 27, 2015 My brothers gave me a written notice today . Termination Notice. As you said, they had to formally give me a 60 day Notice to terminate Tenancy. In the notice, it states after 60 days they will seek legal action to remove me and seek a legal judgment for damages for each day of occupancy after the 60 days and attorneys fees. Each extra day would cost me $89.97. The letter also states they could inspect the premises for damages caused by me. Can they do all of this? My father lives in this house, too. As a matter of fact, my mother and the two brothers lived in this house for many years also! Can they force me to pay for repairs to the house? These are two insane men . They should be grateful I took care of their parents AND shared expenses with my parents all these years.

.

.

And my response:

.

While they can legally evict you, they can't charge you anything if you don't move because there was never any initial amount you were to pay per day. So they simply made up that $89.97 number and it is not legally enforceable. The could only charge an amount for "rent" if there was some agreement between the landlord (the trust) and you as a tenant to pay some amount for rent. They can't just arbitrarily make up a number and then unilaterally impose it on you without your consent. So if there was never an agreement to pay rent, they can't start charging it now unless they first gave you a written 30 day notice to change the terms of the tenancy to include paying rent.

.

They can inspect as long as they provide you a written notice that they will be inspecting at least 24 hours in advance and state the approximate time of the inspection. If they don't provide proper written notice of any inspection, you can refuse to allow it and turn them away and even call the police if they try to force their way in.

.

And no, they can't force you to pay for any repairs to the house unless you actually caused the damages.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
For Barrister
They came up with $89 because they got an estimate of what the house could rent for on Zillow.com website--$2693 per month or $89 per day. If they evict me through the courts, do I have to pay all attorneys? The termination Notice said I did.
Customer reply replied 2 years ago
The notice called the $89 "fair rental value".
Customer reply replied 2 years ago
I just want to stay in the house until the house is actually sold. That way I can look for a condo to buy and only move once. They want me to move right away "so they can show the house for sale empty". I would have to move to an apartment, then move again right away when my escrow closes. Not reasonable to evict me under those circumstances. I have lived there since 1966.
Estate Lawyer: Barrister, Attorney replied 2 years ago

That is all well and good, but they can't charge you unless there was some agreement for you to pay..

.

And no, once again, if you were under a lease that states that you are responsible for attorney fees, that would be different.

.

They are simply trying to bully you into moving out quickly with these scare tactics.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,578
39,578 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

39,578 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My husband and I recently divorced. Him and his attorneys
My husband and I recently divorced. Him and his attorneys are the trustees on my irrevocable trust. My question is how do I remove them both?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
My mother passed away. I am the executor of her will.
My mother passed away. I am the executor of her will. However she has no property. She only has investments with ***** *****, with whom she left instructions on how to distrubute ; as well as 3 small … read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My children need to secure a 350K probate surety bond, but
My children need to secure a 350K probate surety bond, but need a cosigner. My wife and I have 7K equity (253K note balance) in our house, a 30K IRA, 15K FMV vehicles, 7K cash, for a total of 59K in N… read more
amir atashi rang
amir atashi rang
Principal
LL.M. (Taxation)
4 satisfied customers
Mother passed away and stepfather took everything and told
Mother passed away and stepfather took everything and told me and my brother we would get it when he passed but now he is remarrying… read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My mother lives alone and her house was put in my name over
My mother lives alone and her house was put in my name over 5 years ago for $1.00. When she no longer lives there, how is the best way to sell this to avoid huge taxes? She lives in Iowa and I live in… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Assuming, no one divorces. If a Revocable Trust was created
Assuming, no one divorces. If a Revocable Trust was created by the same parties that have an Antenuptial Agreement /Rescind and the Revocable Trust (worded in accordance with the Oklahoma Law and each… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
A Revocable Trust was created by the same parties as have an
A Revocable Trust was created by the same parties as have an Antenuptial Agreement and a Rescind in place. Afterword's, the Revocable Trust (worded in accordance with the Oklahoma Law and each spouse … read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My father passed away in September he owned a home in
My father passed away in September he owned a home in Cleveland OH and I want to make sure the property taxes get paid so it does not get foreclosed on. How can I get the property tax information? … read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My brother is the executor of my mother's will as well as a
My brother is the executor of my mother's will as well as a beneficiary. My other brother and I are also beneficiaries. My mother's will stated that the estate should be divided into three equal parts… read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My 87 year Mother has lived with my wife and I for two
My 87 year Mother has lived with my wife and I for two years. She likes it there , but she has dementia and it is getting progressively worse. I have her on a waiting list at a very nice Assisted Livi… read more
Barrister
Barrister
Attorney
39,578 satisfied customers
Around 10 years ago my father passed away and I inherited
Hi..around 10 years ago my father passed away and I inherited half of his $150,000 estate. The other half went to a step brother who my dad never had a relationship with. He had no will. I just found … read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My dad had a trust in place and appointed 3 trustees, they
My dad had a trust in place and appointed 3 trustees, they say that they have authority to make business decisions with the company. Is that true and can I request to have a copy of the trust for myse… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,180 satisfied customers
My ex-husband is deceased and he owned a life insurance
My ex-husband is deceased and he owned a life insurance policy on myself. There are no other beneficaries listed. He also did not have a will. Do I have the right to file the form to take owner ship o… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My brother forged a wil and is posted it county how can i
my brother forged a wil and is posted it Harris county how can i start probate to have my fathers estate taken care of? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
476 satisfied customers
Lawyer's Assistant Welcome! How can I help with your legal
Pearl Wilson, Lawyer's Assistant Welcome! How can I help with your legal question? You I have a HIPPA form signed by my mother in 2015 when my sister and I put her in Brookdale Senior Living Home and … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,180 satisfied customers
Follow up question: The main problem is that I have a
Follow up question:The main problem is that I have a durable, immediately effective POA signed on January 14th. My grandfather asked me to fly to Stockton to take care of his new trust and POA. He had… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,180 satisfied customers
My mother died in 1985 while living with me in Salt Lake
My mother died in 1985 while living with me in Salt Lake City, Utah. She left a will be it can not be located and therefore never probated. Her entire net worth would qualify for a small estate status… read more
Barrister
Barrister
Attorney
39,578 satisfied customers
My father passed away with no assets, except for 2 small
My father passed away with no assets, except for 2 small insurance policies. As his benefciary, did I have to pay his outstanding medical bills? … read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,167 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x