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Assume that you are Martin's attorney, as well as his brother or sister in Christ. Looking at the situation from both a legal and a spiritual perspective, give Martin your best assessment of his legal rights in connection with the various property law issues that he has encountered, along with your best advice as to how he should handle the situations.
In connection with this assignment, you may want to research the following legal concepts and incorporate what you find in your Discussion Board Forum thread if you consider them relevant:
• Joint Tenancy with Right of Survivorship;
• Adverse Possession (sometimes called prescription);
• Eminent Domain;
o See, e.g., Kelo v. New London, 545 U.S. 469 (2005).
• Good Faith Purchasers for Value; or
• Any other legal concepts you believe may be relevant.
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Legal rights for christian scenarios are examined.
Assume that you are Martin's attorney, as well as his brother or sister in Christ. Looking at the situation from both a legal and a spiritual perspective, give Martin your best assessment of his legal rights in connection with the various property law issues that he has encountered, along with your best advice as to how he should handle the situations
Joint Tenancy with Right of Survivorship;
The first case will actually represent a two pronged solution that initially will favor Martin in regard to the Joint Tenancy issue, but will eventually provide a significant obstacle for the owner in regard to the issue with adverse possession. I will begin with the first case wherein the joint tenancy agreement that Martin signed over 30 years ago will allow him to prevail against any legal issues associated with the deceased joint owner's son. In reference to joint tenancy, this provides Martin with exclusive ownership over the property after the death of the joint tenant(s), and because all of the tenants are deceased, he doesn't have to engage in any probate process as his interest in the property is a 100% interest. Therefore, as the sole survivor of the joint tenancy agreement, he doesn't have to honor any Will or Trust that was established by other deceased tenants. Under the law, the son has or had absolutely no legal right to claim any ownership to the ...
- BS, Sam Houston State University, 1903 University Avenue, Huntsville, Tx 77340
- MS, Prairie View A&M University
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