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Archive: 2015


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On a Deed, under Exceptions to Conveyance and Warranty, what does “all presently recorded instruments, other than liens and conveyances that affect the property” mean?

Jul 31, 2015 Real Estate

Depending on the type of deed you received, the seller probably made certain promises (“warranties”) to you about the condition of title to the property. Recorded instruments, like easements, covenants or liens for example, may violate those promises/warranties. If there...

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How do I establish my relationship to my deceased father who used an alias in three marriages and on my birth certificate?

Jul 24, 2015 Probate

There may be ways to establish your relationship, but I don’t think there is enough information provided in your question to provide a complete answer. In a worst case situation you may be able to ask for genetic testing. But...

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Why doesn’t my District Court judgment attach to the debtor’s real property in the same county?

Jul 15, 2015 Real Estate

A District Court judgment is not a lien on real estate of the judgment debtor. The judgment has to be transferred to the Superior Court, and there it becomes an automatic lien. In addition, once you enter the judgment in...

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I am Personal Representative in a decedent’s estate. There is a will, which has not been probated, and when I presented it to the bank they requested a small estate affidavit. Is the affidavit necessary?

Jul 2, 2015 Probate

You are not the Personal Representative until the will has been filed, probate started, and Letters Testamentary are issued to you. No, you don’t HAVE to submit a small estate affidavit, but your other only real option is starting probate....

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