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Questions Answered by Seril L Grossfeld
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the

paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Buyer backed out of contract. Home inspection fine. Said she just didn't want it now. Can we keep escrow $?

Buyer did a home inspection (had 10 days) through a non licensed "friend". No report to look at and realtor said house was fine. On the 9th day she backed out. She told the realtor she didn't know about HOA fees. Was in listing and realtor knew. Just got cold feet. We spent $ on home inspection... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

I would agree that it depends on the language in the contract and whether notice of termination was properly given.

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1 Answer | Asked in Probate for Florida on
Q: I was appointed executor of my parents estate. 1 sister stole everything of value refused to give it back.

So apparently my older sister (who has alot of money) got an atty and now claims she is personal rep and what's worst she has not been in my parents or my life for at least 15 yrs and she is a bully that thinks just cuz she has money she can do whatever she wants (she has at least 5 fraud charges... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Dec 4, 2019

No one has authority to be personal representative until appointed by the Court. You did not indicate how you were appointed since a personal representative in Florida needs to be represented by an attorney, so you need to talk to a probate attorney to review your situation and how to proceed.

1 Answer | Asked in Real Estate Law and Elder Law for Florida on
Q: My mother rented an apartment back in April 2018. After January 2019 she started getting Dementia attacks.

About 2 months after she started with Alzheimer. For this reason she had to be taken to Emergency because she almost burned the apt. when trying to fry eggs.

She paid the 1st., last and security for the rental. Due to medical conditions she had to be admitted at a Nursing home for patients... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 20, 2019

I am sorry to hear about your mother's condition, however I do not think the same would waive applying the security deposit to the damage she caused due to her condition. Th landlord still had the loss to contend with.

In any event the landlord should have provided notice that s/he was...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I own my house. Can I use my driveway to store cars on it?

I own a property in a gated community in Florida and my tenant has a business which involves cars. He rents out the cars and stores all of the cars on the driveway belonging to my house. The president of the HOA has sued me because she doesnt allow that many cars on the property.

Seril L Grossfeld
Seril L Grossfeld answered on Nov 14, 2019

When you agree to own property in a HOA you agree to the rules. If the rules limit what business or number of cars are allowable and you don't comply you may get sued if other methods to seek enforcement fail. Consult with a litigation attorney that specializes in real property/condominium/HOA... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Is a person who now owns a mortgaged home via JTWROS now exposed to a lawsuit by the lender if unable to pay payments?

Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 12, 2019

Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My apartment is currently untenable and I am looking for advice on what to do
Seril L Grossfeld
Seril L Grossfeld answered on Nov 11, 2019

What is untenable means different things to different people. First had the landlord fulfilled the requirements to maintain the premises under Florida Statutes 83.51. Second is the problem something the landlord or the tenant needs to correct under the terms of the rental agreement. If it is a... Read more »

4 Answers | Asked in Contracts, Divorce and Real Estate Law for Florida on
Q: If a married couple buy a house but the loan is only in the husband's name does that affect property division in Divorce

We are ready to purchase, I am retired, been married 24 years, 13 year age difference. He applied for the loan without me being on the loan. My name is on the contract however. I am worried because we will be using joint money for the down payment.

Seril L Grossfeld
Seril L Grossfeld answered on Nov 11, 2019

This is more a family law question. The important place for your name to be is on the title and the title should reflect that the property was purchased as husband and wife, so the survivor will automatically have sole title.

If there was ever an issue with a divorce the question would be...
Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am the only child my father died three weeks ago and his wife is asking me for money I don't know where to start to lo

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

Seril L Grossfeld
Seril L Grossfeld answered on Nov 7, 2019

You need to see a probate attorney in your area. If your father did not leave a will then the assets may be split between you and his surviving wife. If there was a will there will might be a different split of property.

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Seril L Grossfeld
Seril L Grossfeld answered on Nov 5, 2019

Miami Dade County probate does have the most hoops to jump through so you should definitely get an attorney to help you. If you had gotten an attorney from the beginning you may have been able to avoid some of those hoops. Once you talk to an attorney to help you with the probate you can list the... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: How to change ownership of real estate from "tenants in common" to "joint tenants with right of survivorship".
Seril L Grossfeld
Seril L Grossfeld answered on Oct 31, 2019

You can do this using a quit claim deed both current owners would need to sign to change the type of tenancy. Since most people who do this themselves frequently do it wrong or use the wrong legal description, you may want to go to a real estate attorney to make sure it is done correctly

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1 Answer | Asked in Probate for Florida on
Q: My son lives in Florida with the mom he just got put on probation and now my wife wonts him to come live with me in al

Alabama I cant leave the state and my wife cant live state how can we get this done my mom or my girlfriend has agreed to go get him if that will work

Seril L Grossfeld
Seril L Grossfeld answered on Oct 31, 2019

What has this got to do with probate which is estates and guardianships, try re posting under a criminal law topic

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I am being sued by a neighbor for renting my house on Airbnb what type of attorney should I be seeking
Seril L Grossfeld
Seril L Grossfeld answered on Oct 30, 2019

Start with a real estate litigation attorney

1 Answer | Asked in Probate for Florida on
Q: what happens when the beneficiaries of a trust can not be located in the state of florida
Seril L Grossfeld
Seril L Grossfeld answered on Oct 29, 2019

It is the trustee's job to find the beneficiaries. Beneficiaries to a trust or will can be located anywhere, they are still beneficiaries and need to receive notice. There are companies that do heir searches, in addition to search engines on the internet, relatives may know the whereabouts of the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I received a 3 day notice via email. I didn't notice it for 2 days due to full box. Is email in FL legal delivery?
Seril L Grossfeld
Seril L Grossfeld answered on Oct 28, 2019

FS 83.56 which covers termination of rental agreement governs the procedure which has to be strictly complied with. It still says the three day notice has to be served by mail, personal delivery or posting, no exceptions and these requirements cannot be waived in the lease. So I would say it can... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 15, 2019

Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own a house with my ex and would like to sell it, he does not want to sell or refinance to buy me out.

Both our names are on the mortgage, not ever married. I would like to avoid hiring a lawyer to compel a sale. Is it ok to threaten to stop paying my part of the mortgage to motivate him to agree to sell or could any negative consequences come back on me if i stop paying my part and he continues to... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 11, 2019

If you cannot get this resolved you are looking for a rather expensive partition action, unless there was a dissolution of marriage that provided the house had to be sold at some point, in which case some type of enforcement action may be possible.

I would not suggest you stop paying the...
Read more »

1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Realtor having Power of Attorney at closing.

The closing on the sale of my Indiana home occurs this coming Monday. My wife and I are in Florida and gave Power of Attorney to our realtor to represent us at closing. What should I obtain from my realtor prior to the closing?

Seril L Grossfeld
Seril L Grossfeld answered on Oct 4, 2019

In this age of Federal Express, faxes and attachments to emails why would you give someone you do not know a power of attorney to "represent" you and at a closing and then ask what you need to do to protect yourself. A real estate agent does not have the same responsibility to protect your... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: In my will it states body to be cremated in FL, my now state of residence. What Happens should I die somewhere else?
Seril L Grossfeld
Seril L Grossfeld answered on Oct 1, 2019

Actually your will is not a good place to put this since your will is dealt with long after your remains are dealt with. If the person charged with carrying out decisions regarding your remains is familiar with your will, that person may insist in doing exactly what you directed, which can be a... Read more »

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