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The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... View More 
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answered on Jul 15, 2022
Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... View More
Contractor recommended this too big unit and could not get it to work correctly in our home. We received a refund of all monies paid however the contractor has not picked up the unit since returning our money 3 months ago. Can we legally sell this or give it away? Technically we do not own this... View More
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answered on Jun 17, 2022
Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the... View More
Specifically, I'm starting a business in Florida as a sole proprietor and want my business name to be my first initial, last name, and the word "Design" e.g. A. Smith Design. Do I need a DBA for this or does this meet the requirement for use of my legal name?
Advice is greatly appreciated.
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answered on Feb 10, 2022
See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
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answered on Feb 9, 2022
It might remove the conveyed real estate from what would pass by probate at her death, but it might incur federal gift tax during her lifetime, and it might result in loss of Florida homestead benefits such as the Save Our Homes Cap and exemption from claims of creditors. There are usually better... View More
Can the title agent automatically take a 6% commission from the seller without seller agreeing to it and seller not knowing when the house closed?
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answered on Feb 9, 2022
See Florida Statutes Section 475.278 here regarding broker disclosure requirements: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html
The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... View More
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answered on Nov 25, 2021
The first step with real estate is to purchase a title insurance commitment from a licensed Florida title insurance agent. It will state what is required to insure marketable title.
Is it possible for a person to file probate themselves and not use an attorney?
I do not have $4,000 and that seems to be what everyone charges.
My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.
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answered on Nov 4, 2021
It is possible, but not advisable. If you obtain a title insurance commitment, it will state what is required in order to insure title. Then you can seek an attorney to file the type of proceeding needed to satisfy the title company.
No will, sole heir.
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answered on Nov 4, 2021
Yes. A title insurance commitment should tell the lawyer what would be required to provide insurable title. Then a probate admin, possibly summary in nature, would follow.
My grandmother passed 8yrs ago
She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also
He wants house in his name
But i do not agree and will not sign off
What can i do to make both of us... View More
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answered on Aug 24, 2021
It is possible to obtain a title insurance commitment to determine who owns certain real estate and what is needed to clear the title, such as a probate administration. The title company would base the commitment on a title search of county Official Records. The search usually costs $75 to $300 and... View More
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