We understand the Garn St Germaine Act of 1982 protects consumers from having onerous terms put on them when inheriting a mortgage. Our mother had Alzheimer's so I have been making the payments on time every month, never missed a payment. The property, still in probate, will be inherited... Read more »
Generally, and specifically the mortgage company is likely wrong. The federal Garn-St. Germain Depository Institutions Act of 1982 prohibits enforcement of a due-on-sale clause after specific kinds of transactions, like a property transfer to a relative upon the borrower’s death or a transfer...Read more »
Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get...Read more »
If you agree to pay a percentage of recovery you are looking at 33-40% usually if it is a contingency matter at most law offices. If the check is in your LLC name that is closed and no longer exists, you could have an attorney look into opening it up and getting it paid up with the Florida...Read more »
In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an...Read more »
Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;
I plan to hire an attorney to draft a revocable living trust that will be converted to a South Dakota irrevocable dynasty trust upon my death. I just want to get more educated on the subject matter before contacting an attorney.
You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living...Read more »
I would like to appoint my sister to manage my estate. My sister is capable and would guide my wife if I become an invalid or die. My wife is a recent naturalized citizen and I worry she would prove incapable of managing things on her own.
Yes, you can pick whomever you would like to be your Florida Durable Power of Attorney and there is no requirement, law of obligation that says a wife/spouse must come first. There are numerous rights that a spouse has related to any estate, these issues and considerations you should weigh and...Read more »
No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.
You better review your commercial lease agreement that you signed and were provided with, it is doubtful that this would be allowed in normal circumstances for a variety of reasons. You need to get a copy of the lease and read through it, and or get the help of a business attorney to review it with...Read more »
It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer...Read more »
A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?
You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will...Read more »
Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate....Read more »
You would want to speak with a Florida Business Attorney and make changes to the LLC Operating Agreement and you would want to make any applicable changes to the Florida Department of State documents as they relate to business and ownership via an amendment probably as well.
HOA=Bad, all you see and hear on this Q and A sights is the horror stories of HOA related matters, you should always think twice when an HOA is involved, if one is involved in litigation and potentially protracted ones, those are larger assessments and costs to the owners eventually. HOA's...Read more »
I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When...Read more »
You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in...Read more »
I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure...Read more »
Yes, as long as no prenuptial or postnuptial agreement was signed or some other waiver of Homestead Rights, then the surviving spouse usually has substantial rights to Homestead (at least a life estate or half 50% interest) amongst many other rights. The Will or any estate planning for that matter...Read more »
No, you will not be able to take ownership of the property simply based on the fact that you moved in. You need to find out via deed who owns the property and or through probate and then deal with them. If you are thinking about Adverse Possession type scenario the answer is still absolutely no, I...Read more »
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