I bough the house in 2007 with my ex. Being military we moved and both signed a contract with a property company. After a few years we got divorced. We did a deed in leu and the house is solely under my name. I've had the current tenants for years and I am planning to sell. I asked the... Read more »
answered on Oct 22, 2020
Without seeing the contract it is not possible to answer your question. You should have an attorney to assist with the sale in any event, so have that attorney review the contract you have.
the court's desk on 9.19. There hasn't been any movement. My atty. said it would take about 2 weeks for me to be appointed representative. Nothing has happened yet. I am paying some of my late sister's bills in the meantime. What do you think? Thanks so much.
answered on Oct 21, 2020
Since the courts are not fully operational this may be the cause for delay. Also it depends on the county whether the attorney can submit opening orders for the Judge to sign without a hearing. You should consult with your attorney prior to paying any of your sister's bills. Generally... Read more »
Professionally done by probate Attys includes notarized affidavit two witnesses
All done legally but all done in GA.
Now Live in Florida. Beneficiaries live in GA and AL. ( Two adult children)
answered on Oct 1, 2020
If the will done in Georgia meets the requirements of will in Florida it still can be admitted to probate in Florida. As a precaution you should have the will reviewed by an attorney in Florida familiar with preparing wills since probate laws differ from state to state, to make sure the intentions... Read more »
We four sisters were left our mothers home13 years ago in Florida. I paid bills on it for 8 years and refused to continue because one sister would not agree to sell. The house will go to auction for taxes unless sold . We have a buyer for cash and we’re supposed to close in April. All sisters... Read more »
answered on Aug 14, 2020
Contracts are agreements between parties. They can be modified. Technically if both sides are willing to perform the contract and able it is still a go. If not the contract should be formally terminated to prevent further liability to either party. An attorney should be consulted whichever way... Read more »
answered on Aug 9, 2020
The Governor has extended the moratorium on issuing writs of possession until September 1. This means an eviction proceeding can be started but the clerk will not issue the writ the sheriff would serve to require you to leave.
mother left her mobile home and homestead exempted real state (6.45 acres) to only myself and my ones sister.
Mother had four children who she excluded in the Will, but left it up to me and one sister to decide to include the other two or not.
My mother was hospitalized for four... Read more »
answered on Aug 9, 2020
Since your mother has been gone more than 2 years claims against the estate are barred. You still need to open a probate and file the will with the clerk. A petition to determine homestead will need to be filed as to the property. Technically you can do the summary administration your self but... Read more »
title to his wife but wants her to avoid probate upon his passing. Should he use a Quit Claim or Lady Bird Deed to do this? He lives in Pensacola, Florida.
answered on Aug 7, 2020
I would suggest using a quit claim deed to add the wife to the title from your uncle to your uncle and aunt, his wife. Lady bird deeds can create title issues. This will only change the title. The mortgage company should be contacted so they can be informed that your aunt has permission to... Read more »
2 years later in 2020 he signs another quit claim deed with the same verbiage to his son and it’s filed as well. when the father passes who has rights of ownership of the property?
answered on Aug 6, 2020
You will need to take both deeds to a real estate attorney to review. When someone does a life estate deed the language transfers the title to the remainder person with the grantor retaining a life estate. If this was the language in the first deed then he no longer had title to the property. A... Read more »
I went to visit my son, daughter in law and Granddaughter in Metairie La in June. I informed the owner that I was going out of town. I returned to my condo in early July with my son who was going to visit with me for a few days. I opened up the door and found 2-3 inches of raw sewage throughout my... Read more »
answered on Aug 4, 2020
This is a perfect example of why renters need to have rental insurance. Due to the health hazard caused by the raw sewage leak all or most of your property most likely needed to be disposed of. What was valuable should have been removed, if possible when you were there. You should have been... Read more »
I was able to create and agree to an owner to owner purchase. However, now that I am trying to purchase a home that is listed by a brokerage, the agent is telling me I cannot represent myself and need a realtor. This doesn't quite make sense
answered on Aug 3, 2020
You don't necessarily need your own real estate agent but you would need to present a written offer to the seller's real estate agent. If the seller's agent does not want to assist you in preparing the contract you can try to find forms for real estate transactions in Florida on the... Read more »
To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer
answered on Aug 3, 2020
Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from... Read more »
After finding his out I wAnt to go to probate court Too see if I can contest the will how can one do that if I can’t see the will . Please advise
answered on Aug 3, 2020
If your mother is still alive what her will says is not relevant since it is only effective once she passes away and between now and then she can change it as often as she likes. You cannot contest her will while she is still alive. Your mother can express her final wishes in her will without... Read more »
Also they have invited their mother to live in and are smoking dope on the premises (according to the couple that left)
Both breaking the lease. What are my options?
answered on Jul 30, 2020
Not knowing the actual terms of the lease it is not possible to give you an answer to your specific issues.
I would assume the lease terms make all the occupants liable for the rent so the fact that one set of tenants left does not relieve the remaining set from paying the full amount of... Read more »
Fannie Mae can't sell the house and Wells Fargo Bank says the foreclosed mortgage is active again in foreclosure with no sale date and Mortgagor owes for the mortgage debt at time of foreclosure plus all past missed payments and late fees since foreclosure. Fannie Mae, is listed as Title... Read more »
answered on Jul 23, 2020
Unfortunately mistakes in the foreclosure process happen all the time. At some point there will need to be a reforeclosure action unless they can set aside the foreclosure judgment to amend the complaint, which is unlikely if more than one year. Meanwhile all this does not help the... Read more »
I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... Read more »
answered on Jul 20, 2020
If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... Read more »
I am the Personal Representative of my mom's estate and I need to open a restricted depository account per my Letters of Administration. How do I do propose my bank to the court so the court may designate it?
answered on Jul 20, 2020
This should be something your attorney should assist you with since some banks are more difficult than others in servicing these accounts and if you need periodic payments from the account there may only be a few banks that will provide this service. Since you are a personal representative I am... Read more »
answered on Jul 14, 2020
You most likely are going to need an attorney to represent you if your present attorney isn't doing the job. I would consult with a substitute attorney and have that attorney take care of doing this. You may also want to check with the Florida Bar to make sure your present attorney is still... Read more »
Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that... Read more »
answered on Jul 8, 2020
Funds are supposed to be distributed per the language of the will. There are exceptions if there is not sufficient assets in the estate to fund per the will. Distribution of assets is supervised by the court, if the plan is not following the will, someone should object. You can retain an... Read more »
What ownership rights do I have? Their are also some small buildings, and heavy equipment and trucks and tractors.
answered on Jun 29, 2020
If you do receive the warranty deed you may want to take it to a real estate attorney to have a title search done to make sure whoever signed the warranty title had some legal interest in the property since at best you are only acquiring whatever interest that person or entity had in the real... Read more »
Joint tenancy with right of survivorship. Does wife has any rights to the house?
answered on Jun 26, 2020
Whether her name is on the title or not in Florida a mortgage will not be a valid lien on homestead real property unless spouse joins and signs mortgage. This could very well cause problems for your Mom in the future is she survives Dad. Since it is quite usual to title property in this manner... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
