Questions Answered by Seril L Grossfeld
Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?
Amend the trust. If you put your homestead into a trust, a separate entity you need to comply with the law to get the homestead exemption.
Q: I own 20% of a home in florida...am I responsible of only 20% of the property taxes? the 80% owner says I owe half.
Well that depends. Did you and other owner(s) have an agreement when you bought the place and it was determined that your percentage was 20% of the ownership interest as to how to divide other expenses or attributes of ownership of the property. Partnerships can be someone complicated and even... Read more »
Q: Can a court in Indiana decide what happens to my property in Florida?
My ex boyfriend and I own a home in Indiana and Largo, Florida. I moved to Florida and now am a Florida resident. I moved here to get away from him. Can a court in Indiana decides what happens to our property in Florida or will it have to go to court here? He is an Indiana resident.
Normally a court in another state would not have jurisdiction to make decisions as to real property in Florida. This may not be a case it the court is a divorce court or a bankruptcy court. You may want to see a Florida attorney to make sure your interest in the Florida property remains protected.
Q: Caveat & Will filed with Court for minor by parent. Estate 1yr later filed has case no. assigned b4 caveat by 1 number.
My mother-in-law died predeceased by her husband and children, youngest was my husband. Mother-in-law left real property to my son in a Will which I had and after her death I filed a Caveat 5 mths after her death through a local attorney (limited) he deposited the Will with the Court Clerk it was... Read more »
This is a possible problem with the new electronic filing system. Documents get submitted thru the portal and it can take up to several weeks before they show up as filed, particularly with new cases. Whereas things like caveats and depositing of wills get processed faster.
The next... Read more »
Q: In Florida, what type of "frozen" account is used for Depository of liquid estate assests? Deposits YES/withdrawals NO
3rd party Bank associate says to open a CD in estate's name, but ALL liquid assests not in one place so would locking some in a CD prevent adding liquid assests obtained later?
Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty... Read more »
Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud
There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public... Read more »
Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim.
You are... Read more »
Q: Can I reneg on paying for this condo?
I purchased a condo in Florida in 1984 as a rental property. I refinanced a few times and still have a sizeable balance (but I am not underwater after many years of being in that situation). The mortage has passed many hands with over the years with a new processor about every five years, or so.... Read more »
If you stop paying the mortgage eventually there will be a mortgage foreclosure action with your name on it which will not help your credit score, whether or not the correct legal description is on the property, it still will name you as a defendant not paying your legal obligation. Records of a... Read more »
Q: Can I sell my house if there are outstanding code violations on it?
Not likely that someone would want to buy a property with pending problems. As part of the closing process a lien search would be done to find out if any open code enforcement problems. If the code violation had not proceeded to the lien stage and the buyer learned of it after closing there would... Read more »
Q: Am I legally responsible for paying code violation tickets, for my property, issued to my property manager in his name?
The rental property was tenanted up until the house was deemed unsafe. I pay a realtor to manage the property. He is responsible for all the usual duties of a property manager. I rely on him to tell me when maintenance is needed and I have him look after it immediately. Two of the three code... Read more »
The code violations may ultimately result in liens against your property. What the agreement was between you and the property manager will not prevent this if you do not deal with the governmental agency to correct the violations. You would need to proceed with remedies resulting from the breach... Read more »
Q: How do I get the deed to our home transferred to my 20yo daughter that was part of her medical trust?
She has a medical trust and we got approval to make the purchase from the judge 11 years ago with the understanding that it would go to her when she was old enough. My wife and I were the trustees on her accounts. Her bank accounts have been signed over to her. My wife passed away 7 years ago and I... Read more »
You will need a deed out of the trust to your daughter. You should consult with a real estate attorney to prepare the proper documents reflecting that you as the sole remaining trustee have authority to transfer the title, prepare and record an appropriate deed and prepare other documents to... Read more »
Q: Can I have a quit claim deed and a life estate deed at the same time
A quit claim deed is a document to transfer and interest in real property. A life estate is a type of interest a person can have in real property. You can have a life estate interest in real property transferred to you via a quit claim deed.
Q: Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage
Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership
You should consult an attorney as to a domestic partnership agreement and/or a deed to add your name to the property after closing. Your name not on the title means you have no ownership interest in the property and you are in a very risky position as far as your financial contribution both before... Read more »
Q: I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court
More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.
Q: How to hold title to an inherited beach cottage with my brother in Florida.
It is now titled as "tenants in common". I want him to have it when I die with out going through probate. However, I would like the option to be able to change my mind on this. Is joint tenancy the only option or will some kind of "Lady Bird" deed solve the problem?
There is also the option of owning as joint tenants with right of survivorship, or even creating a trust to hold title to the property. The problem with a deed is once another person's name is on the deed and you change your mind, the other person would also need to sign to change the title.
Q: Must a builder honor an advertised price for a specific home/lot listed on his website and Zillow?
June 8 list price 194,000
July 24 reduced 184,430
July 27 reduced again 183,720
Says it is a mistake. Precise address is given. August 2019 availability stated.
Depending on the market a seller can change advertised price, especially if not offered through real estate agent. This is a private seller, we are not talking about switch and bait tactics, a seller can even withdraw the listing if offers are not coming in to seller's liking.
Q: I am an only child. My mom owns a timeshare. (Dad passed) Do I have to accept the inheritance of the timeshare?
They have had the timeshare for about 20 years. It's all paid for and not worth much. I would like to deed it back to the timeshare people. They already stated they wouldnt do it. (Mom is still alive, but is 82) asking for the future..
Some timeshare companies now have programs where they will accept the timeshare back from older owners. If credit is not a problem, just stop paying them, another option used to get out from under them. Once they are faced with bearing the cost of the foreclosure to get title back they may gladly... Read more »
Q: Then why are they saying we have to go through probate? They were married until she died in 2008. Thanks, Linda
That's why you go to an attorney rather than a loan officer to resolve this
Q: Need help desperately. Trying to get a loan modification but hubbys deceased wife still on property. Can’t afford
Probate. Swore he requested this issue 11 years ago but can’t prove it.
Please help me.
It depends how she is on the title to the property. Assuming they bought it as husband and wife, normally that is how it is titled. If she passed away while they were still married then all you need is proof of death, like her death certificate without cause of death to be recorded and an... Read more »
Q: Hi, How do I file an objection to a "Consent to appointment of personal representative" in the state of Florida?
My mother passed away two years ago intestate. My father was named as personal representative but unfortunately he passed away, also intestate, before probate was completed. There are five siblings and one has secured an attorney (the one my father already paid) and is trying to be named as the... Read more »
You can always file a document with the style of the case and just say you object, but you really need to get an attorney and follow the procedure as indicated in Ms. Richardson's reply
Q: My siblings and I have a quitclaim deed to our home. Final disposition of our parents divorce transferred by deed was
Filed in the clerks office. Both parents are now deceased. Dad died in May 2019. Upon their death we were named to take ownership. My dad’s widow is contesting the deed after she was served by the Alachua County Clerks Office and we must appear in court. We have the original filed quit claim deed... Read more »
It sounds like you need to seek the assistance of a real estate litigation attorney in your area. The clerk does not service people with a notice to appear in court unless there is litigation pending. So not knowing why you are all being noticed to appear in court makes it difficult to respond to... Read more »
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