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Questions Answered by Seril L Grossfeld
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: My Inlaws pd cash for land in '99 for me to place my MH on w/LEASE. Sis got POA & QCD to my son

My father-in-law recently passed. She did QCD w/son bk in 2014 & he filed a QCD/LIFE ESTATE to a friend in 2017. I'm still in same MH on land & have pd. Taxes(gave him cash) over the yr.s. Can his FRIEND sell & MAKE ME MOVE? Husband ESTRANGED but ORIG. LEASE was between... View More

Seril L Grossfeld
Seril L Grossfeld
answered on May 11, 2020

Your question is someone difficult due to all the abbreviations. Whoever is the current title holder can decide who he wants to lease to and if that person wants you off then that is a possibility. You need to go to a real estate attorney in your area and have your lease and the documents that... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My mother passed away and house title is not in er name.i found the quitclaim her husband signed to them both as jtwros.

Its notarized and witnessed he died a month after it was executed and she thought it was thrown away until i found it cleaning out her belongings 10 years later after she passed away.the home is in foreclosure now and i had no say so it world go to his children by operation of law.i had no say so... View More

Seril L Grossfeld
Seril L Grossfeld
answered on May 5, 2020

You need to talk to a foreclosure defense attorney in your area about this. If you have any ability to keep the property you will need to open a probate to have the property transferred to your name after the deed is recorded. If you cannot afford to keep the property you still can sell it if... View More

3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Seril L Grossfeld
Seril L Grossfeld
answered on May 5, 2020

This is a tax question, you should discuss this with your tax professional

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Former roommate moved away but left things in my house, saying she'll get them later. Can I dispose of them?

My former roommate got married, bought a house, and moved out of my house. However, she left a LOT of things here. She keeps saying that she'll come and get them, but she hasn't yet. She was paying rent while she was living here, and after a recent argument, she paid rent for another... View More

Seril L Grossfeld
Seril L Grossfeld
answered on May 5, 2020

F.S. 715.104 speaks to property left in premises by former tenant. You should send a letter giving your former roommate at least 15 days to remove the property. If no response or no removal and the value of the property is less than $500 you can dispose if it as you wish. If more than $500 F.S.... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can leasing office force you to pay 2 months rent if you never moved in/got keys or paid a deposit? But did sign a lease

H

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 28, 2020

I would agree that the lease needs to be reviewed prior to answering this question, but I surely wouldn't just hand over $3K to them just because they say so. particularly under today's circumstances. No telling whether they will really do anything to collect this. I would also assume... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: Is a will still valid after a divorce?

The will was drafted in GA in 1995 and the divorce took place in 2010. The ex-wife remarried and is now widowed and both parties now reside in Florida. Is the will valid or does an amendment need to be made?

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 28, 2020

Wills are not intended to last forever. They should be reviewed and updated at least every 5 years or so, particularly as in this case there is a change of status. There are laws that can be confusing in the interpretation of the intent of the deceased person who has chosen not to update a will... View More

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2 Answers | Asked in Collections and Probate for Florida on
Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect
Seril L Grossfeld
Seril L Grossfeld
answered on Apr 24, 2020

That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: we a have a tenant with a real estate broker contract in place in sarasota fl the contract ends on june 30 2020. We have

notified our broker due to covid virus tenant has lost his job and will not be renewing lease after end of contract. We are good christian people and tenant has 2 young children that we refuse to kick out in this time of crisis. allowing them to remain as a guest in our home after the lease... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 24, 2020

Sounds like you need another real estate broker. I don't know what the terms of the agreement you have with this broker but if you are allowing someone to reside there as a guest you should not owe anything unless the agreement speaks to that contingency.

2 Answers | Asked in Real Estate Law for Florida on
Q: Is anyone liable for a botched real estate escrow holdback that was intended to repair and ac post closing?

I bought a single family home with a known broken ac. We wanted the ac fixed but the ac company could not come for for 3 weeks so we elected not to delay closing and just set aside money in an escrow hold back to repair and service ac post closing. Our closing attorney held the repair money in... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 21, 2020

The Seller should have realized this was an error, and if a nice guy may return it otherwise it should not have been released from escrow if the conditions weren't met so talk to your attorney, someone should be responsible for this error. If your attorney sweeps it under the rug try getting... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can a husband and wife in FLORIDA purchase a homestead as tenants in common with fractional ownership vs entireties?

This is a second marriage and 50/50 is not fair and we agreed to 25/75

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 21, 2020

You can take title however you want, tenants by the entireties is just another option is you are married

5 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello,My mom recently passed away in Florida. She has two IRA accounts, a 401k and life insurance with no will. She

had only two heirs, my sister and I, but I live out of the country and unable to return any time soon because of COVID-19. Her accounts total about $30k not including the life insurance. I am worried my sister will be able to take everything as I am not there. She has also already forcibly taken... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 14, 2020

You should hire a probate attorney to assist you. Normally assets such as life insurance policies, and retirement accounts, such as IRA accounts and 401k allow the owner of the account to name beneficiaries and these assets pass outside of an estate to the named beneficiary. If there is no named... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have been living at my current house rental since October of 2015 with a lease. The lease was up at the end of March.

I was informed the owner was putting the house on the market and my lease would then be month to month. I paid April rent, on time. I just got a certified letter from the real estate agent that the house is sold and I have to be out by May 7. The state of FL is currently under a shelter in place... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 10, 2020

Under Florida Law if you are month to month you have to given not less than 15 day notice prior to the end of the rental period that tenancy is terminated. So if you received proper notice the tenancy is terminated as of the end of April, 2020 assuming you have a month to month that starts on the... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: I am buying a house with my boyfriend ! I need to set up a document that says that if I die my 50% goes to my children
Seril L Grossfeld
Seril L Grossfeld
answered on Apr 10, 2020

You should also do a partnership like agreement with your boyfriend. This can reference the agreement to make a will that he should also implement to protect your interest in the property for your children and specify your interest in the property should things not work out and one or both of you... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: Who has Priority?

We are considering a foreclosed home in Pasco County Fl

Party A has a final judgement on the case that states, On filing of the Certificate of Title, defendant and all persons claiming under or against the defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 31, 2020

The question is what mortgage was of record first. From your question alone you should not even consider buying property out of foreclosure without an attorney to do a title search and represent you. It is not uncommon for an inexperienced person to buy a property out of foreclosure only to find... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: During this unusual time, if you don't pay rent can a landlord charge late fees later when you do pay?
Seril L Grossfeld
Seril L Grossfeld
answered on Mar 31, 2020

Suspension of rent only applies to those renting from Federal Housing Authority. Not paying your private landlord not only means you can be charged a late fee but you can be evicted for non payment of rent. The eviction may not be able to be finalized until this is over but that does not mean it... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: What is considered a First Mortgage in the State of Fl?

What is considered a First Mortgage in the State of Fl?

Is it based by date or satisfaction?

The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.

The first two mortgages on the property in 01 and 03 both have... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 31, 2020

Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a room everything included could not pay the rent this month he is evicted me having problems with him he

He shut the power off I had the power turned back on in my name he came in the middle of the night took the washer and dryer and left the door wide open do I have a case

Seril L Grossfeld
Seril L Grossfeld
answered on Mar 27, 2020

Turning the power off alone is a constructive eviction under Florida Law. You should consult with an attorney experienced in landlord tenant matters in your area as soon as feasible.

3 Answers | Asked in Estate Planning for Florida on
Q: In Wisconsin I had a lawyer draw up my will. Now I’m a Florida resident. Do I need a new will?
Seril L Grossfeld
Seril L Grossfeld
answered on Mar 25, 2020

If your Wisconsin Will was executed in conformity with Florida law it will be valid. If it is a self proving will that portion would also need to be executed in conformity with Florida Law. If it is not a self proving will then the will could not be admitted to probate unless one of the witnesses... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: If the county clerk's office closes and a deed cannot be recorded, what protects the buyer?

Does the title company doing the closing hold the proceeds until the deed is recorded?

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

Usually the deed is recorded after the proceeds are disbursed. It is now possible to record deeds electronically so they are submitted for recording. You will need to check with your attorney representing you in this transaction as to your concerns of protecting the transfer of title.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: “no evictions because of the coronavirus Pandemic crisis” I was evicted today bc my motion to stay was denied by judge

Judge Carney off citrus county denied motion to stay during crisis wherein President Trumps “no eviction” was ignored then carried out by our sheriff Pendergast that eviction was to go until four pm where then we were trespassed from said property we rented almost three years without issues... View More

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

You are confusing what the President has authority to do on the federal level and what happens on the state level. The no evictions most likely only pertains to housing managed by the Federal Housing Authority what happens to private individual rentals on the state matter is a different story and... View More

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