A: You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.
To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:
(1) The defendant knew, or had reason to know, that an objectionable condition existed on the defendant’s property;
(2) The defendant realized, or should have realized, that the objectionable condition created an unreasonable risk of substantial interference with the use and enjoyment of the plaintiff’s property;
(3) The utility of maintaining the objectionable condition and the burden of eliminating the objectionable condition were slight compared with the risk;
(4) The defendant failed to exercise reasonable care to eliminate the risk; and
(5) The objectionable condition caused actual damage to the plaintiff.
There may be other claims available, but you should consult with an attorney to determine the best course of action.
A: A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.
If your mother owned the real estate in her individual name, the real estate is subject to probate. Probate is not always necessary. If the real property was owned with another person, the surviving co-owner often will then own that property automatically and probate, the legal process whereby a court oversees the distribution of assets left by a deceased person, is not necessary.
If the will does not mention the real estate and your mother owned it in her sole name at the time of her death, then the real estate is subject to probate and it will be distributed according to the residual clause of the will, if there is one. If there is no residual clause or no named beneficiary for the real estate, then it will be divided equally among your mother's surviving children, after expenses of probate and creditors are paid.
You should consult with an attorney for more specific information.
A: If the power of attorney does not contain an ending date, the law assumes it is “durable.” That means the authority does not end, even if the person giving the power of attorney is incapacitated. A durable power of attorney is useful when the person who authorized it later becomes unable to handle his or her own business affairs; the agent simply takes over the decision-making.
By giving an agent power of attorney, a person is not giving up the power to continue conducting the transactions while he or she isable to do so. You can end the agent’s authority by revoking the authority in writing. All powers of attorney end upon your death.