Real Estate

I am renting a house through carpenter partner. And my lease has ended. And i never got asked to sign a week by week lease. I wont to move out. I went down to realestate to say i would be moving out.
And they say i need to give 3 weeks notice.
Is this correct since i do not have an outstanding lease agreement now.?

Thanks.

Most leases require a minimum of 1 month notice (and usually 60 days) and there is usually provision for you to be on a month to month if you don’t resign another lease. Even when you have a 12 month lease, you are still required to notify the landlord that you intend to move at the end of the lease and this is generally a 60 day notice

our home is going to foreclosure soon we have tried every option and just cannot keep it. A friend of mine said that July 1st of 07 new laws where passed. It has been up for sale since april. we were hoping for a short sale but the NH market is soooo slow

If you can hang in there long enough the states are about to decide to reward the irresponsible and remake those loans and bail out the people who bought homes they could not afford, could not afford when the full effect of those loans went into effect etc.

How do you get a chance to do this before the realestate agents get the home purchased first?

Talk to the bank.

My uncle is the executor of my grandparents estate and the Will states the the assest are to be devided equally between my father and him (a strait 50/50). My uncle has refused to communicate with my dad and has sent letters to the realestate agent and title company demanding that they write one check for the propertiy being sold to him; moreover, he tells them that they cannot give him (my father) the name of the estate attorny(who drafted the Will), nor the title company or any information whatsoever regarding the sale of this property, or the other property that is listed.
What he is planning to do is keep a 100% of the proceeds so he can buy a house cash as he has been living with my grandparents, and feels that although my father has a mortgage he should not. Then when and if the cabin sells ( the second property) split that with my dad to even things up, whenever that happens.
This is in Minnesota

In what state is probate occurring?

EDITED BASED ON ADDITIONAL INFORMATION:

By the way, the entire probate code can be found here:
http://www.revisor.leg.state.mn.us/revisor/pages/statute/statute_chapter_toc.php?chapter=524
Under Minnesota Probate code(s) you have the right to demand the executor submit a Performance Bond as per the following:

524.3-605 DEMAND FOR BOND BY INTERESTED PERSON.
Any person apparently having an interest in the estate worth in excess of $1,000, or any creditor having a claim in excess of $1,000, may make a written demand that a personal representative give bond.

The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, the court may require or excuse the requirement of a bond. After having received notice and until the filing of the bond or until the requirement of bond is excused, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate.

Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative. An interested person who initially waived bond may demand bond under this section.
History: 1974 c 442 art 3 s 524.3-605; 1975 c 347 s 49; 1986 c 444

You also have recourse under the following:
524.3-713 SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST; VOIDABLE; EXCEPTIONS.
Any sale or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless

(1) the will or a contract entered into by the decedent expressly authorized the transaction; or

(2) the transaction is approved by the court after notice to interested persons.
History: 1974 c 442 art 3 s 524.3-713; 1986 c 444

And FINALLY, it seems that the representative may be in violation of the following:

524.3-715 TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES;
EXCEPTIONS.
Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 524.3-902, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) receive assets from fiduciaries, or other sources;

(3) perform, compromise or refuse performance of the decedent’s contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:
(i) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser’s note for the sum remaining due secured by a mortgage or deed of trust on the land; or
(ii) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

(4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed
under the circumstances;

(5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable
secured loan arrangements or other prudent investments which would be reasonable for use by trustees generally;

(6) acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change
the character of, or abandon an estate asset;

(7) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings;

(8) subdivide, develop or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; or adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration;

(9) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration;

(10) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) abandon property when, in the opinion of the personal representative, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate;

(12) vote stocks or other securities in person or by general or limited proxy;

(13) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(14) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in
connection with the security so held;
(15) insure the assets of the estate against damage, loss and liability and the personal representative against liability as to third persons;

(16) borrow money with or without security to be repaid from the estate assets or otherwise; and advance money for the protection of the estate;

(17) effect a fair and reasonable compromise with any debtor or obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. The personal representative on holding a mortgage, pledge or other lien upon property of another person may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;

(18) pay in compliance with section 524.3-805, but without the presentation of a claim, the reasonable and necessary last illness expenses of the decedent (except as provided in section 524.3-806 (a)), reasonable funeral expenses, debts and taxes with preference under federal or state law, and other taxes, assessments, compensation of the personal representative and the personal representative’s attorney, and all other costs and expenses of administration although the same may be otherwise barred under section 524.3-803;

(19) sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(20) allocate items of income or expense to either estate income or principal, as permitted or provided by law;

(21) employ persons, including attorneys, auditors, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act without independent investigation upon their
recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(22) prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of duties;

(23) sell, mortgage, or lease any real or personal property of the estate or any interest therein, including the homestead, exempt or otherwise, for cash, credit, or for part cash and part credit, with or without security for unpaid balances, and without the consent of any devisee or heir unless the property has been specifically devised to a devisee or heir by decedent’s will, except that the homestead of a decedent when the spouse takes any interest therein shall not be sold, mortgaged or leased unless the written consent of the spouse has been obtained;

(24) continue any unincorporated business or venture in which the decedent was engaged at the time of death (i) in the same business form for a period of not more than four months from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will, (ii) in the same business form for any additional period of time that may be approved by order of the court in a formal
proceeding to which the persons interested in the estate are parties; or (iii) throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate;

(25) incorporate any business or venture in which the decedent was engaged at the time of death;

(26) provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate;

(27) satisfy and settle claims and distribute the estate as provided in this chapter;

(28) foreclose a mortgage, lien, or pledge or collect the debts secured thereby, or complete any such proceeding commenced by the decedent;

(29) exercise all powers granted to guardians and conservators by sections 524.5-101 to 524.5-502.
History: 1974 c 442 art 3 s 524.3-715; 1975 c 347 s 55; 1986 c 444; 2004 c 146 art 3 s 42; 2006 c 221 s 21

That is all I can give you for now. I would need more exact information. I would suggest however that you contact the real Estate agent’s broker (or have your attorney do so) and inform them that the sale of the home MUST comply with the above statute otherwise, they are notified that any further proceeding without establishment of an escrow in favor of all parties with standing to inherit under the will, will be in clear violation of the Probate code and will serve to include the Broker in the eventual lawsuit.

My boyfriend is a realestate agent. His sister is a doctor and wants to purchase some land that will give him a commision of approx. 40K. His sister does not want him to have it b/c, she does not want anyone else in the family to have money but her. So she told him that she could not use him in the closing and he would not be able to get the commision because the loan officer will not give her the loan if she uses him as the real estate agent. He has recommended a friend of his(loan officer) that she should use.From the origination of this sale, my boyfriend has handled all paper work, faxing, calling,setting up meeting, appraising, etc (fall 2005), now she is saying this. The closing date is scheduled for Apr.2006 We dont believe her. We live in Raleigh, NC. Please help us.

Tough call. If your boyfriend can document everything, he can sue her for the commission amount.

But…

There is ONE CRUCIAL document that will make it really easy for him. If the sister signed a buyer’s representation agreement, it’s a slam dunk for your brother. If you don’t have this document, dig in your heels and get ready for a court battle.

Bottom line is if your boyfriend can prove everything he did, he’ll likely get compensation. But it’ll take a court order to get it.

Good luck.

I want to make sure someone is legit that will help me reduce the
loan on my home

Go to your state’s website and find the professional license area. Search real estate salesperson licenses. You should be able to look up the license and they will provide you status including when it will expire and what Broker holds the license.

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