The Legal Minute

The Legal Minute

What are the Three Most Common Types of Deeds?

What is a Deed?

A Deed is defined as a legal document that conveys, confirms, alters, and/or reserves certain rights in real property. When purchasing a property, it is important to know if there are any title defects. The three types of deeds indicate different levels of warranty against these defects.

General Warranty Deed 

A General Warranty Deed is a deed whereby the grantor (seller) warrants to the grantee (buyer) that the property is free and clear of title defects throughout the entire chain of title from the time the property came into existence until the current time. With this type of deed, the grantor (seller) is certifying to grantee (buyer) that he will defend the title against allegations of defect even those defects allegedly present before the grantor (seller) owned the property.

Special Warranty Deed 

A Special Warranty Deed is a deed whereby the grantor (seller) warrants to the grantee (buyer) that grantor (seller) has not created a defect in the property’s title during his ownership of the property. With this type of deed, the grantor (seller) is certifying to the grantee (buyer) that he will defend the title against allegations of defect that were allegedly caused during grantor’s (seller) ownership of the property.

Quitclaim Deed

A Quitclaim Deed is a deed whereby the grantor (seller) warrants to the grantee (buyer) that grantor (seller) may not have any ownership rights in the property but whatever rights in the property he does have, he is conveying to the grantee (buyer). These types of deeds are common between spouses in divorce situations and transfer between family members if the property has been owned by family members for long periods of time.

In conclusion

At Davis, Upton & Palumbo LLC, we represent many individual property owners when real estate issues arise. Our Real Estate Practice Group has developed the reputation of being the “People To Talk To” when it comes to a Real Estate matter. To learn more about our Real Estate services click here or contact us today.

What Happens if You Die Without a Will?

What Happens if You Die Without a Will?

Many people wonder what will happen to their home if they die without a will. There are a few different scenarios depending on how the title for your home is set up. If your home is titled Tenants by the Entirety, that is when the title is in both the Husband and Wife’s name, the house will automatically go to the surviving spouse and the home will not have to go through Probate Estate. This is also the case if the husband and wife are Joint Tenants on the title for the property. However, if you die without a will and the property is not titled as Tenants by the Entirety or Joint Tenants, then it will pass pursuant to the statute through the Probate Estate.

How are the assets distributed through Probate Estate?

If you die without a will and your property does go through the Probate Estate there are several factors that play into how the property is divided.

  • If you are survived by a spouse and at least one minor child, your spouse will receive one-half of the estate and your minor children will receive the remaining half.
  • If you are married and all of your children are over 18 years old or if you have no descendants and parents survive you, the surviving spouse will receive the first $15,000 of the estate and one-half of the estate and the descendants or parents will receive the remaining half.
  • In the event that you only leave a spouse, no descendants or parents, your spouse will receive the entire estate.
  • If you die without spouse, descendant, or parents, your remote siblings can receive your estate.
  • Lastly, if you leave with no spouse, descendants, parents or siblings, then the state may receive your estate.

In conclusion, if you want your estate to go to a particular person or be distributed in a certain way it is essential that you have a Will.

At Davis, Upton & Palumbo LLC, our attorney’s help their clients better understand their choices along with describing the options in plain language so that there is no confusion.To learn more about our Will and Power of Attorney services click here or contact us today.
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What is an Easement?

What is an Easement?

An easement is any nonpossessory interest in the real property of another person. Easements typically run with the land and are not personal to an individual.


If Parcel A has an easement over Parcel B for ingress and egress to a public road, that easement would run with both Parcel A and Parcel B. Parcel A which is benefited is the Dominant Tenement. Parcel B which is the burdened parcel is called the Servient Tenement.

How is an Easement created?

An easement can be created in three ways. The first is an Express Easement that is created by written agreement. Next is by prescription, which is created when there has been exclusive use fo the property for at least 20 years. The final type is created by necessity, the owner of the Dominant Tenement has to have the easement to have access to their property.

What are Typical Easement Disputes?

The typical disputes over easements occur when there is disagreement over the existence of an easement in a prescription or necessity case. Also, there can be disputes over the extent of the easement, that is the use and amount of use the easement can be put to by the Dominant Tenement.

At Davis, Upton & Palumbo LLC, our attorney’s are experienced in representing property owners when real estate issues arise. If you want to learn more about our Real Estate practice click here or contact us today.

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What to Expect with Adult Guardianship

What is Adult Guardianship?

Adult Guardianship is a formal legal process where the court appoints an individual to act on behalf of a disabled person, property or sometimes both. A qualified licensed professional makes the decision to determine if the handicapped person is no longer capable of making medical or manage their financial assets for them self. There can be no other alternative to guardianship including a Power of Attorney or a Medical Advanced Directive.

Types of Adult Guardianship

There are two types of Adult Guardianship, Guardian of the Person and Guardian of the Property.

When you are appointed a Guardian of a Person, you will be responsible for making the medical healthcare decisions along with everyday living arrangements for the disabled person.

The second type of Adult Guardian is a Guardian of Property. As the Guardian of the Property, you are responsible for the disabled person(s) financial assets.

In conclusion, you should be aware of your responsibilities when appointed to be an adult guardian whether it be a person or a persons property.

At Davis, Upton and Palumbo LLC, we strive to exceed expectations for every client, in every case, every day. To learn more about our practice click here or contact us today.

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Why is it Important to Avoid Gaps in Treatment?

This week Mark Palumbo explains why you should always avoid gaps in treatment when it relates to a Personal Injury claim. Any type of gap during the time you should be treating will cause the insurance company to reevaluate your case and question your injuries.

What is a gap in treatment?

A gap in treatment is when someone has been instructed by a doctor to seek further medical treatment because of their injuries and fail to complete the full length of treatment or takes breaks in between.

Why should you avoid taking breaks in between treatments?

Mark Palumbo suggests at your initial consultation that it is highly recommended to follow through with all of your medical treatment. If the Insurance company notices you are taking long breaks or otherwise deviate from your treatment plan, they will evaluate your case and could question how serious your injuries are.


If you are instructed by a doctor to go to physical therapy for eight weeks, twice a week you should do so. If you are told by a doctor to take a break from treatment that is acceptable, otherwise you should not be making that decision on your own.

In conclusion, it is important to follow the instructions you are given by a doctor regarding your medical treatment as if you don’t, that can affect your case.

At Davis, Upton & Palumbo, LLC, we understand that the issues our clients face when they have been injured due to the negligence of others. If you want to learn more about our Personal Injury services click here or contact us today.

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What is Tort Law?

What is Tort Law?

A Tort is a civil wrong or a wrongful act whether it be intentional or unintentional that causes damages or injuries.

Three Types of Torts

There are three main types of Torts. First and most common, is a Negligence case. For example, this could be a car accident or slip and fall incident. Second is a Strict Liability case which is related to product liability. The last type is an Intentional Tort which can include assault or battery.

The Four Elements Required to Prove a Negligence Case

The most common type of negligence case is a car accident. If you are involved in an automobile accident, and you were not at fault, there are four elements that must exist to prove negligence has occurred.

First, there must be a duty, in this case, that would be driving in a prudent and reasonable manner.

The second element is that there was a breach of that duty which in an accident the driver at fault breached the duty of driving in a reasonable manner by hitting you.

Third, there must be a link between the action and damages. That means that there must be a connection to the drivers’ failure to operate a vehicle in a reasonable manner and the cause of the damage.

Finally, it must be proven that the driver not at fault has suffered and damages or injuries. The way to prove that is by providing the medical bills, medical records or any documentation from a mechanic involved in the incident.

In conclusion, it is important to understand what Tort Law is and all of the elements that go into these cases in order to best represent your situation.

At Davis, Upton & Palumbo LLC, our attorneys understand your needs and are known for their attention to detail. To learn more about our practice areas click here or contact us today. Read more

What is a Breach of Contract?

This week, David Weigel explains what it means when there is a breach of contract.

What is a Breach of Contract?

A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.

Benefit of the Bargain

Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.

Other Damages

There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.

Other examples include awards of attorney fees if there is litigation in the case of a breach,  injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases.  Punitive damages are typically not awarded in contracts cases.

In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.

At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.

These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.