Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Seril L Grossfeld
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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

2 Answers | Asked in Real Estate Law for Florida on
Q: How can I find out if the home my sibling and I inherited is "joint tenancy" or "tenants in common".

My sibling and I inherited a home and I am trying to figure out what kind of tenancy we have. I have the general warranty deed but the is no indication or say anything that refers to my inquiry. I called the Register of Deeds department and surprisingly they could not provide any information as I... Read more »

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

If there is no indication of the type of ownership on the deed you are tenants in common. If you wanted to be joint tenants with right of survivorship, or some other type of ownership you would need to go to a real estate attorney to draft a quit claim deed which you and your sibling would need... Read more »

View More Answers

3 Answers | Asked in Real Estate Law and Small Claims for Florida on
Q: We purchased a foreclosed house, but are unsure if we need to send a 3 day notice for eviction.

We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... Read more »

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

Technically if the persons in possession do not pay you rent they are not your tenants and therefore an unlawful detainer action would be the proper procedure. A three day notice is not required but they do need some notice that they need to vacate the premises. A three day notice speaks only to... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: If my husbands name is on the deed but not the mortgage and I die will he be able to take over the mortgage payments
Seril L Grossfeld
Seril L Grossfeld answered on Jun 18, 2020

In this day and age mortgage companies do not let people assume mortgages. However if the payments keep getting made on time the mortgage company usually does not question the source of the payments. The problem may occur if your husband needs to talk to the mortgage company and his name is not... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a homemade Florida Will be notarized by a notary instead of witnessed by two witnesses?
Seril L Grossfeld
Seril L Grossfeld answered on Jun 18, 2020

To be a valid will it must be witnessed by two attesting witnesses. The will can be self proving by additionally having a notary acknowledge witnessing the signor of the will in addition to the two witnesses. Not having a self proving will means the witness have to be located to execute an oath... Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to

The will was made before their marriage and she's taken control of the house solely left to me

House was in his name.only

Seril L Grossfeld
Seril L Grossfeld answered on Jun 15, 2020

The other issue is whether there is a will that specified whether you are entitled to receive this property. Your father simply telling you that was his intent and never executing documents to implement that intent is a common problem. You need to take a copy of the will, or trust, if there is... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Probate and Elder Law for Florida on
Q: I want to open probate on a will, the decedent passed away in 2012. The will was NEVER recorded & probate NEVER opened.

The direction....

Step #1 Appoint a PR and open probate. This is in Escambia Cty. Florida. A PR was named in the will but they were NEVER appointed & no letters of Admin. sent, but they DID collect/acquire, ALL estate assets. Yes, there are assets: $58K in bank accounts &... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jun 8, 2020

In Florida wills are not filed until the person passes. The person that has the original will is supposed to file it with the clerk 10 days after the person passes. Not all estates are probated just because there is a will. Bank accounts cannot be taken without court order unless they were... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for Florida on
Q: Dad died verbal give house mom verbal agree House mine. I have recording. Mom want to evict.
Seril L Grossfeld
Seril L Grossfeld answered on Jun 5, 2020

This is an unenforceable contract pursuant to F.S. 725.01 referred to as Statute of Frauds. Contracts relating to real estate must be in writing to be enforceable, as well as promises regarding inheritance and must be signed in conformity of the requirements to be considered a will.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: I bought a house in 2009 and still make payments. Now the seller wants to take it back because its value has increased

I am one of three owners who signed contracts on the same day in 2009. Nothing was said until a few weeks ago, when

the seller wants the houses back. Our contracts contained a balloon payment clause for 2013, but the seller

said he would not enforce it. None of us had a lawyer,... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jun 4, 2020

If the title was transferred to you and the other two owners the three of you own it and he cannot just take it back. If it had a balloon mortgage and you have not paid the balloon he can file a foreclosure action and possibly get title back as the result of the foreclosure action.

In any...
Read more »

View More Answers

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I need help with house in a divorce

I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl

Seril L Grossfeld
Seril L Grossfeld answered on Jun 1, 2020

At best the Court in which the dissolution of marriage proceeding was in can remove your name and order your ex wife to pay the mortgage, but this will not remove you from liability under the mortgage, she will need to refinance in her name only.

View More Answers

3 Answers | Asked in Real Estate Law for Florida on
Q: What do I need to do to purchase vacant lot behind us. Owner has agreed to price. What do we do next?

she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.

Seril L Grossfeld
Seril L Grossfeld answered on May 29, 2020

You need a real estate transaction attorney to prepare a contract once signed the attorney will do a title search to make sure there are no title issues or liens on the property The real estate attorney will prepare the documents for the closing as well as a closing statement and effect the... Read more »

View More Answers

4 Answers | Asked in Estate Planning for Florida on
Q: My uncle passed away in 2013. He had no will and was insolvent at the time of his death. He has one sister still

living. I handled his funeral as per her request as she lives out of state. We have since been contacted by several companies concerning "found money" in his name. They have asked for her information, the nieces and nephews, cousins and other distant relatives. Isn't she the only... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on May 29, 2020

These companies will ask for as many relatives as possible to get a fee to help them get the money. Most likely if he wasn't married and did not have any children and his parents are no longer alive, it would go to his sister under Florida Law. His sister may be able to apply for the found... Read more »

View More Answers

6 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have been taking care of my elder parents, my father passed, my mom is in long term, i live in their home

I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.

Thank you

Seril L Grossfeld
Seril L Grossfeld answered on May 29, 2020

You should consult with an estate planning attorney now particularly if your mother is still capable of signing documents. An estate planning attorney can assist in correcting the title to the property so it can pass to you without having to go through the probate process. This will be... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: Hi, I am 50/50 part owner of my house in Loxahatchee. I want to buy out the other party but I’m not sure how it works.

Would the buy out cost be the remainder of the mortgage or half of the current market value? Any information would be helpful. Thank you, sincerely

Seril L Grossfeld
Seril L Grossfeld answered on May 20, 2020

A buy out cost would be any amount your co owner agrees to. As far as the mortgage if you both signed the mortgage note you would probably have to refinance in your own name. Normally a co owner would want a buy out that would equal half the current equity meaning the current fair market value... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: Hi, I'm buying a property and closing in a few days. Can I back out of the purchase for an HOA rule that I didnt knew?

The HOA doesn't allow fences. To me this is a deal breaker since I have a dog, and also due to privacy and security concerns. I just find out about this during the home inspection. Can I back out of the sale even if this is not specified in the contract? Would I lose my deposit? Thanks.

Seril L Grossfeld
Seril L Grossfeld answered on May 18, 2020

That would depend on your contract. Normally as part of the contract you would have to acknowledge receiving a copy of the rules. The contract should have the conditions under which you can cancel the contract within specific time frames. Take the contract to be reviewed by a real estate... 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.