December 2010


Are Siblings Who Refuse to Quit Claim on a Property Responsible for the Maintenance of Said Property?

Summary

Are siblings who refuse to quit claim on a property responsible for the maintenance of that property?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘Are siblings who refuse to quit claim or sign over their percentage of a home responsible for the maintenance of the property, specifically regarding major repairs that are needed like a roof replacement, property taxes, lawn maintenance, sunken floors, etc.? Thank you in advance for your response.’

That’s a pretty general question, and the answer is generally yes, but it depends. Are the non-paying siblings using the property? Are the other siblings using the property? Is it being rented to a third party? There are a number of facts that could change the answer.

Also, while these co-owners might in theory be responsible for the repair costs, as a practical matter you may not be able to force them to write a check to pay for it. You may only have the right to sue them if they don’t, or worse to take the cost out of their share of the property when it is sold. Important details like this will depend on your local laws, so I would suggest a brief consultation with a local attorney before you start spending large sums of money.

Can I Reclaim a Retainer Fee?

Summary

If an attorney’s services are no longer needed, how can I get my retainer fee back?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘How do I get a retainer fee back when I no longer need an attorney’s services?’

If in fact you are confident that you have retainer funds left (i.e. all work completed has already been billed against the retainer, etc.) and you have requested that the remaining funds be returned and they have not, your next step should be to contact your state’s bar association to find out what your rights are with respect to the retainer funds. Then contact the attorney and advise them that if they do not return your retainer funds within the specified period of time, you will report them to the bar association.

In most states, retainer funds are required to be kept in a separate trust account, and to not be withdrawn until earned. Violation of this requirement is considered to be very serious by most state bar associations.