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Questions Answered by Seril L Grossfeld
2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Are cash real estate contracts void if not completed by date agreed to originally?

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is the eviction memorandum extended un Fl
Seril L Grossfeld
Seril L Grossfeld 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.

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1 Answer | Asked in Probate for Florida on
Q: my mother passed over ten years ago and her will name myself and one of my sisters are joint personal representatives.

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My Uncle is battling Stage 4 colon cancer. His property deed and mortgage are only in his name. He wants to transfer

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.

Seril L Grossfeld
Seril L Grossfeld 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 »

1 Answer | Asked in Real Estate Law for Florida on
Q: Father signs LE quit claim deed to his property (no mortgage, no liens) on 05/05/18 to his grandson.

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?

Seril L Grossfeld
Seril L Grossfeld 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 »

1 Answer | Asked in Real Estate Law for Florida on
Q: I leased a condo from an owner and have lived there for a year a 6 months, always paid my rent on time. However..

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

1 Answer | Asked in Real Estate Law for Florida on
Q: As a potential home buyer, I'm I allowed to represent myself in the purchase of a home that has a listing agent?

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

Seril L Grossfeld
Seril L Grossfeld 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 »

2 Answers | Asked in Estate Planning and Foreclosure for Florida on
Q: In understand she has that right I’m trying to do is find out how can contest the will once she dies

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

Seril L Grossfeld
Seril L Grossfeld 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 »

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1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My mother is refusing to show me her will or to give me a copy of her will tho she has gave it to her other children .

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

Seril L Grossfeld
Seril L Grossfeld 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 »

1 Answer | Asked in Real Estate Law for Florida on
Q: Tenants breaking lease. Two couples. One couple left without notice. Remaining couple can’t afford full rent

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?

Seril L Grossfeld
Seril L Grossfeld 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...
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1 Answer | Asked in Real Estate Law for Florida on
Q: House foreclosed on by Bank & sold to Fannie Mae. Over a year later an error in the legal description was found

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

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2 Answers | Asked in Probate for Florida on
Q: Florida statute 69.031 requires the court to designate a bank. How do I propose a bank to the court?

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?

Seril L Grossfeld
Seril L Grossfeld 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 »

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3 Answers | Asked in Probate for Florida on
Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
Seril L Grossfeld
Seril L Grossfeld 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 »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can executor cut inheritance $500 each to pay others more when not specified

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 »

Seril L Grossfeld
Seril L Grossfeld 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 »

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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased vacant land on eBay, should receive warranty deed next month. There appears to be a house on it.

What ownership rights do I have? Their are also some small buildings, and heavy equipment and trucks and tractors.

Seril L Grossfeld
Seril L Grossfeld 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 »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Dad is refinancing home and mom is not on title. It says he is a married man on it. Title is joined with daughter.

Joint tenancy with right of survivorship. Does wife has any rights to the house?

Seril L Grossfeld
Seril L Grossfeld 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 »

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1 Answer | Asked in Real Estate Law for Florida on
Q: 40 acres of vacant land signed contract on my first offer. I paid escrow n seller wants an addendum to contract.

I acknowledge the property is zoned environmental and can’t build on it . Do I have to sign and if they back out of contract what’s my recourse ?

Seril L Grossfeld
Seril L Grossfeld answered on Jun 25, 2020

Without reading the contract and proposed addendum cannot respond to your question. Suggest you take these documents to a real estate attorney in your area to review.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: If my uncle passed n his last living sibling passed b4 him n I'm the niece am I entitled to anything?

The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?

Seril L Grossfeld
Seril L Grossfeld answered on Jun 25, 2020

Whether you have an interest in your uncle's estate may depend on whether or not there was a will. The will is controlling on who are beneficiaries. If there was no will then we have to go by the rules of intestate succession as contained in Florida Statute 732. This can get complicated and... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: When the pandemic started i lost my job. Havent payed rent. Havent gotten an eviction notice. what can i do?

As soon as i lost my income i couldnt pay rent so i just stopped. I never got a phone call or a visit. A few months later the realtor shows up and claims hes been calling me. The owner was on the phone and was cursing and calling me a deadbeat. Told me to pay or get out.

Seril L Grossfeld
Seril L Grossfeld answered on Jun 22, 2020

There are local programs which offer assistance in paying rent, in addition to the enhanced federal unemployment benefits. As of right now evictions are stayed and if filed the clerk cannot issue writs of possession, meaning even if you are evicted you cannot be removed at the moment. This may... Read more »

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