Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Seril L Grossfeld

2 Answers | Asked in Constitutional Law and Estate Planning for Florida on

Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?

Seril L Grossfeld answered on Aug 21, 2019

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.

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Florida on

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.

Seril L Grossfeld answered on Aug 21, 2019

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 »

2 Answers | Asked in Real Estate Law for Florida on

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.

Seril L Grossfeld answered on Aug 19, 2019

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.

View More Answers

2 Answers | Asked in Probate for Florida on

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 »

Seril L Grossfeld answered on Aug 19, 2019

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 »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Florida on

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?

Seril L Grossfeld answered on Aug 16, 2019

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 »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on

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 »

Seril L Grossfeld answered on Aug 14, 2019

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 »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on

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 »

Seril L Grossfeld answered on Aug 13, 2019

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 »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on

Q: Can I sell my house if there are outstanding code violations on it?

Seril L Grossfeld answered on Aug 9, 2019

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 »

View More Answers

1 Answer | Asked in Real Estate Law for Florida on

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 »

Seril L Grossfeld answered on Aug 9, 2019

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 »

1 Answer | Asked in Real Estate Law for Florida on

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 »

Seril L Grossfeld answered on Aug 9, 2019

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 »

3 Answers | Asked in Real Estate Law for Florida on

Q: Can I have a quit claim deed and a life estate deed at the same time

Seril L Grossfeld answered on Aug 9, 2019

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.

View More Answers

3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on

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

Seril L Grossfeld answered on Aug 9, 2019

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 »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Florida on

Q: I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court

Seril L Grossfeld answered on Aug 1, 2019

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.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on

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?

Seril L Grossfeld answered on Jul 31, 2019

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.

View More Answers

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on

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.

Seril L Grossfeld answered on Jul 29, 2019

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.

2 Answers | Asked in Real Estate Law for Florida on

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..

Seril L Grossfeld answered on Jul 30, 2019

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 »

View More Answers

2 Answers | Asked in Probate for Florida on

Q: Then why are they saying we have to go through probate? They were married until she died in 2008. Thanks, Linda

Seril L Grossfeld answered on Jul 26, 2019

That's why you go to an attorney rather than a loan officer to resolve this

View More Answers

1 Answer | Asked in Probate for Florida on

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.

Seril L Grossfeld answered on Jul 26, 2019

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 »

2 Answers | Asked in Probate for Florida on

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 »

Seril L Grossfeld answered on Jul 25, 2019

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

View More Answers

1 Answer | Asked in Real Estate Law for Florida on

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 »

Seril L Grossfeld answered on Jul 23, 2019

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 »

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.