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Questions and Professional Answers

Questions and Professional Answers

  • Homesteading

    If an estate has been closed and there were unsatisfied creditors and we are homesteading, can we never sell the property?
    • Re: Homesteading

      It seems that you inherited the property and there was a probate or administration of an estate that was involved. Probate or administration should have discharged the claims of claimants who were notified of the probate or administration. If you talking about liens recorded in the public records, they will become ineffective by operation of the statutes of limitations. To remove liens, it may become necessary as some point when you wish to have the land ready for sale that you will have to file in chancery court for removal of a "clouding of title." I do not believe the homestead laws for protection from creditors will protect the land from your ancestor's creditors.

      Albert Pettigrew
      Law Offices Ph 228-875-8736
      401 Inverness Ct.
      Ocean Springs, MS 39564
  • Homesteading

    We presently own a home in NV which is up for sale,we plan on retiring to AZ where we currently own 4 lots one of which we plan on building on, as we now own our home outright we were thinking of homesteading all the properties. Can they be homesteaded as one unit or do we have to homestead each piece of property? We do not have an estate plan and are now thinking of a living trust, we really need advice on the pro's and con's of homesteading and living trusts and the best way to protect our assets.Help!
    • Re: Homesteading

      I do not know AZ Law, but, generally, you can only homestead one residence at a time. It sounds like you very much need estate planning. Let me know if you need a referral.JOEL SELIKAttorney at Law800-894-2889760-479-1515702-243-1930Licensed to Practice Law in California and Nevada OnlyCONCENTRATING IN REAL ESTATE, ELDER ABUSE, LITIGATION AND COLLECTIONSPersonal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home MalpracticeReal Estate, and Other Legal MattersThis is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement. We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

      Joel Selik
      www.SelikLaw.com
      914b North Coast Highway 101
      San Diego And Las Vegas, CA 92101
    • Re: Homesteading

      Homesteading is for the residence you live in only. You should put all your property in a revocable living trust to avoid probate in both Arizona and Nevada.

      James Smith
      James E. Smith Ltd.
      7251 W. Lake Mead Blvd., Suite 300
      Las Vegas, NV 89128
  • homesteading

    Is homesteading legal in Los Angeles and does it have anything to do with paying or not paying property taxes.
    • Re: homesteading

      Thanks for your question. In California, a Homestead gives protection against involuntary claims against an owner's home.The amount of equity protected depend on the classification of the owner. The amount of the homestead exemption is determined pursuant to Code of Civil Procedure Section 704.730 depending on the circumstances of the case at the time the amount is required to be determined.The Homestead is either automatic or declared. To declare a Homestead, a one-page document must be filed in the County Recorder where the property is located.It is preferable to file a Declaration of Homestead before a claim is filed against the property. However, before such a claim can be filed against the property normally a lawsuit judgment is required. Thus, there is usually plenty of notice, and a Homestead can be filed even at the last minute.If you want to Declaration of Homestead, you can do it yourself, very easily, without using a professional service which charges too much and makes the benefits seem much greater than they are. A homestead does not affect property taxes in any way whatsoever. If you have other questions, please feel free to email me at info@expertlawfirm.com.

      Robert Miller
      Robert L. Miller & Associates, A Law Corporation
      Orange County, Riverside Counties
      , CA
    • Re: homesteading

      All personal residences are automatically homesteaded. A homestead will protcet a portion of your home from creditors, bun has no affect on property taxes.

      Ken Koenen
      Koenen & Tokunaga, P.C.
      5776 Stoneridge Mall Rd., Suite 350
      Pleasanton, CA 94588
  • Homesteading

    Does homesteading your home protect you from any and all judgements, including legal fees? Can you homestead two homes?
    • Re: Homesteading

      No and No.JOEL SELIKAttorney at Law800-894-2889 760-479-1515 702-243-1930Licensed to Practice Law in California and Nevada Only. Licensed CA Real Estate BrokerLEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters www.SelikLaw.comJury Trial Consultant, Focus Groups: www.TheJuryProject.com This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement. We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

      Joel Selik
      www.SelikLaw.com
      914b North Coast Highway 101
      San Diego And Las Vegas, CA 92101
    • Re: Homesteading

      there is an automatic homesteading as to your actual residence. you have homestead exemption without doing anything further. obviously, any equity you have in your home beyond the homestead exemption amount will be reachable by creditors. are you being sued or anticipating a suit against you?

      Daniel King
      Law Offices of Daniel King
      6320 Canoga Avenue, Suite 675
      Woodland Hills, CA 91367
    • Re: Homesteading

      Homesteading your home will protect the amount of your homestead exemption. There is a significant difference between the recorded homestead and the automatic homestead. The automatic homestead applies only if the sale of your home is forced. A recorded homestead applies to the homestead exempt amount for six months after the sale.

      Lyle Johnson
      Lyle W. Johnson Attorney at Law
      152 N. Third Street, Suite 510
      San Jose, CA 95112
    • Re: Homesteading

      Mr. Johnson is correct. I would add, however, that you can only homestead your principal residence, which means you cannot record a homestead on two separate pieces of property. Moreover, it is a good idea record the Declaration of Homestead to "perfect" the homestead exemption for a number of reasons.

      Roy Hoffman
      Law Offices of Roy A. Hoffman
      13800 Heacock Street, Suite C126
      Moreno Valley, CA 92553-6264
  • Homesteading

    Does the State of Oregon, have homesteading, I wanted to put a homestead on my home there, to help protect in case of credit prolems
    • Re: Homesteading

      According to ORS 23.240 the homestead is protected against debts up to $25,000 or $33,000 when two or more members of a household are debtors whose interests in the homestead are subject to sale on execution.The homestead must be the actual abode of and occupied by the owner, or the owner's spouse, parent or child, with a few caveats.It is also not clear whether your question is out of concern for existing or future judgments.

      Andrew Svitek
      Svitek Law Group, LLC
      520 SW 6th Ave, Suite 1250
      Portland, OR 97204
  • Homesteading in Michigan

    8/16/07 I was told Homesteading is the same thing as PRE, Principle Residence Exemption, which is stated on my Tax Bill as ''PRE 100%''. Are they the same? I want to protect my home from creditors, and would prefer to Homestead it. Thank you.
    • Re: Homesteading in Michigan

      Yes, they are the same. Claiming Homestead though does not give you any more protection from creditors than non-homestead.

      Victoria Easterday
      Law Offices of Victoria Easterday
      224 North Main Street
      Eaton Rapids, MI 48827
  • Bankruptcy-Homesteading Property

    I am entering a serious battle over several property issues from a previous marriage. Several people have told me to homestead my current residence, (I have purchased it since the divorce), but I am unable to find any information regarding this issue, or exactly who to contact, or what to do. I am seriously considering chapter 7, (my income is much less than my current outgo due to negative cash flows from some rental property), but, I can't afford to lose my present home. I can not find where a residence is protected as "exempt" under bankruptcy law. I have a contract law attorney for property issues, but the atty. was unable to tell me how to do the homesteading, or who to contact. Can you help?
    • Bankruptcy--Homesteading Property

      Absolutely. If you live in the Greater Los Angeles area, please visit my web page and give me a call. I'll be happy to help.

      Mark Markus
      Law Office of Mark J. Markus
      11684 Ventura Blvd., PMB #403
      Studio City, CA 91604-2652
  • homesteading and lean protection for a dwelling

    can i and how do i go about homesteading? How much equity does it protect? Does it protect your home from possible liens?
    • Homestead Questions

      Washington state allows a $30,000.00 homestead exemption. Information about homestead exemptions can be found in RCW 6.13.Usually, there is an automatic homestead exemption for owner-occupied property. Other property can be declared homestead by filing a declaration as outlined in the code. If you have further questions about homestead issues, you should consult a Washington attorney.

      Lawrence Glosser
      Law Office of Lawrence S. Glosser
      1300 Seattle Tower, 1218 Third Avenue
      Seaattle, WA 98101-3021
  • homesteading

    How come you don't have forms for homesteading in AZ
    • Re: homesteading

      Law Guru has forms. Private attorneys agree to respond to legal questions on the Law Guru site as a public service. Your question was sent to me. I am not a representative of Law Guru, just a private attorney.Most people do not worry about the homestead unless they are filing bankruptcy, then they record one at that time, so they are not in demand much. That is part of consumer law.

      James Jenkins
      Jenkins Law Center PLC
      6315 East Main Street, Suite One
      Mesa, AZ 85205
  • Homesteading

    Where can I find out where there is property that can still be homesteaded? And, how can I file a gold claim, if available? Are they possible to do simultaneously?Or, is there anywhere I can look up a legal method of obtaining BLM or other non-used, or fallow government property?
    • Re: Homesteading

      I believe Alaska was the last place you could obtain land by homesteading under the Homestead Act of 1862, as amended. I also believe that Alaska was closed to homesteading prior to 1996.I have a vague recollection that the BLM does occasionally sell land, and that there is an application process. They also engage in land swaps when they are trying to assemble a large parcel. This information is not widely publicized; I think the nuts-and-bolts procedures are spelled out in the Code of Federal Regulations, probably in Part 43, which contains regulations respecting public lands.Mining claims are also covered in 43 CFR at section 3830, et seq. This link might be helpful: http://www.access.gpo.gov/nara/cfr/waisidx_03/43cfr3830_03.htmlKeep in mind that obtaining and retaining a mining claim requires that the claimant make some expenditures on development work. There has been a lot of abuse of mining claims (such as claiming it for purposes other than bona fide mine purposes) and the regulations have been tightened to try to eliminate such abuses. There is probably also a requirement to post a bond to assure reclamation after the mining work is over.On the general topic of finding cheap or free land, I suggest making a visit to the area of the country that interests you, visiting the local BLM office, asking the county treasurer or tax collector about tax foreclosure sales, talking to local real estate brokers, or even running an ad in the local paper. I've noticed that a large number of cheap tracts of land in undeveloped areas come up for auction sale on eBay.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318