Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My brother and I inherited our parents home and 2 cars. He

My brother and I inherited...
My brother and I inherited our parents home and 2 cars. He has keys to the house and he drives the cars. I don't have keys to the house or cars. The only time he contacts me is for the taxes on the property. I told him I want to sell everything and split the money. He says I should gift him the property to avoid paying taxes. We live in VA. Who is right?
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
6/11/2013
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,791
Experience: Attorney with 29 years of experience.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You are right. These assets belong to each of you. He does not get to enjoy all the benefits while you are burdened with 1/2 the taxes. You have the right to force the sale; if he will not agree to sell the assets voluntarily, file a suit against him to force the sale. The court will order the assets sold without his consent and the proceeds divided.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Ask Your Own Legal Question
Customer reply replied 4 years ago

I found out that my brother is renting the house to a friend. He claims the renter can only afford to pay $500.00 and It only covers utilities. Am I entitled to half the rent and we decide what to pay?. Also he has the utilities in my deceased mothers name 3 years after her death. Shouldn't the renter put the utilities in his own name?

Thanks for following up. Not only are you entitled to 1/2 the fair market value rent; your brother should make up the deficiency between the fair market rent and what his renter is paying. Also, yes, the utilities should be put in the renter's name as the renter is the one benefiting from them.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Do I file a suit in small claims court to force a sale of assets or do I need to call a lawyer to represent me in another court?

Thanks for following up. You will need to engage a lawyer to represent you in a state civil court. This is not a case that is allowable in small claims. The reality is that in most cases, once the owners fighting the sale find out the certainty of the result of a suit for partition, that/those owner(s) typically agrees/agree to the sale without the suit to avoid the costs of the suit.
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,791
Experience: Attorney with 29 years of experience.
Verified
Richard and 87 other Legal Specialists are ready to help you
Ask your own question now
Thanks so much for the positive rating and bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Ask Your Own Legal Question
Customer reply replied 4 years ago

What is a title search and how do I conduct one?

Hi there. It's a search of the title at real property records of the city/county in which the property located. You can call any title company in your areas and they'll do one for you for a very modest fee. It will show any deeds recorded as well as all encumbrances, liens, and exceptions to title.
Ask Your Own Legal Question
Customer reply replied 4 years ago

How is buying a house on auction different from a foreclosure?

A foreclosure is when someone with a lien on the property is not paid what is due him/her, and that person declares a default and then forecloses on the lien to collect what is owed. A foreclosure sale is much like an auction in that the highest bidder at the foreclosure sale gets the property. An auction of the property can be held as a result of either a suit for partition in which the court orders the sale of the property or the owners voluntarily put it up for auction...with or without a reserve....rather than simply listing the property and selling it in the ordinary manner that a property is sold.
Ask Your Own Legal Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,791
55,791 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I just got served a notice for small claims by my old HOA
Hi Pearl, I just got served a notice for small claims by my old HOA saying I owe them 5k in unpaid fees, interest and lawyer fees. Since my property was foreclosed upon am I still liable for these HOA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,411 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
I went to small claims court and was able to reach a
I went to small claims court and was able to reach a settlement out of court for 10K from my previous employers. Can they tax it? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am the victim of mistaken identity in a small claims
I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levyi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Can a person take someone to small claims for under the
Can a person take someone to small claims for under the table cash for hrs they think they have coming ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I have a small claims case with a previous tenant that
I have a small claims case with a previous tenant that damaged my apartment. She had damaged the apartment while she was living there and I found more damages after she moved. After I told her that sh… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I represented myself in small claims. (This happened
I represented myself in small claims. (This happened yesterday) The Attorney called me today and said I lost. I owe them 1600.00.The Attorney called me three times at work and was harassing me to pay.… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Is is possible for a small claims judge to also issue a
Is is possible for a small claims judge to also issue a cease and desist order? or are they separate jurisdiction? San Bernadino county, California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I will be suing an individual in Small Claims Court in NYC
I will be suing an individual in Small Claims Court in NYC for breach of contract. My claim is for about $4100 plus about $500 interest for the non-payment, calculated at 9%, which I believe is the ra… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Small Claims, A Situation With A Person Dealing With The
Small Claims, A Situation With A Person Dealing With The Western Union, And A Investment Firm.. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Quiet Title for back property tax foreclosure. If made a
Quiet Title for back property tax foreclosure. If made a error of the defendants name on the notice of intent but the name is ***** ***** the complaint. Can the judge dismiss the case because of the e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 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