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Questions Answered by John Richert
3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: I signed a lease yesterday with a waived deposit. Guarantor wasnt approved now theyre charging me $1500 for a deposit.

No where on the lease does it say there is a guarantor needed to get the $0 deposit. And the lease says its $0 for the deposit. Once they told us we needed to pay $1500 because my dad wasnt approved, we no longer want to live there. They are telling us we are still responsible for the rent and the... View More

John Richert
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John Richert
answered on May 10, 2017

Typically, any requirements for payment are dependent on what the lease says. You should have an attorney review your lease. An attorney will be able to tell you if they can charge you the addition deposit.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can landlord cancel lease because children living in home were not on the annual lease?

Lease goes through Nov 2017. 3 minor children live in home, were present when applying for home and have been home for any and all repairs arranged by landlord.

Received a 30 day notice to vacate - last 6 months rent has always been current and house is in perfect condition.

John Richert
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John Richert
answered on May 3, 2017

You should talk to an attorney ASAP. The attorney will need to see your lease, if you have a written lease. Under the Florida Statutes, usually a tenant is given a 7 day notice if the tenant is not in compliance with the lease provisions. This sounds like a strange action by the landlord and... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can the landlord terminate our year lease if he does a background check on his own after we've already paid and moved in

We signed a year lease,. Paid 1st and last and already moved in

John Richert
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John Richert
answered on May 4, 2017

Most likely not. However, if there is a provision in your lease that conditions the lease on an acceptable background check, then possible the landlord would have an argument to terminate the lease.

If the landlord takes action to evict you, talk to an attorney immediately.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Ive been renting for almost 9 years and found out yesterday 5/1 my landlord is selling the property this week.

There was an initial lease 10/1/2008 & then the original landlord had me sign a 1 year lease yesterday 5/1 after telling me the property was closing this week. The new buyer came to my house today 5/2 to tell me I have till June 15 to move out. Does the recent lease with my original landlord... View More

John Richert
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John Richert
answered on May 3, 2017

The answer to your question is going to depend on what your lease says. If there is a provision in the lease that allows for it to be terminated by the landlord with a certain amount of notice, you may be out of luck. You should consult with a landlord tenant attorney right away. Make sure that you... View More

1 Answer | Asked in Probate for Florida on
Q: Doesn't a representative of a Will have to keep the family informed?

My brother passed away in November 2016 and left everything except the house to my other brother who passed away 9 days later so since he wasn't able to be executor it named this other person. They died in Florida and we live in NJ and don't get any kind of information about what is going... View More

John Richert
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John Richert
answered on May 2, 2017

You should talk to a Florida probate attorney about this if the probate case is in Florida. If the case is not in Florida, then you should talk to an attorney in the state where the case is being probated.

There are some important questions that need to be answered. If you are a...
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1 Answer | Asked in Probate for Florida on
Q: My Mother-in-Law is receiving "Interrogation" paperwork from Lee Co. FL probate for deceased son.

What happens if she doesn't complete the questions and return it?

John Richert
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John Richert
answered on May 2, 2017

You mother in law should talk to an attorney. Most likely if your mother in law refuses to answer the interrogatories, the requesting party will ask the court to issue an order compelling her to answer the questions. If she still does not answer them, she could be held in contempt.

An...
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3 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: I rented a barn for my horse business from the owner of the property, an older man. His daughter now wants the monthly

Rental money, stating her father is mentally unfit to handle it. What should I do, as she is insistent.

John Richert
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John Richert
answered on Apr 30, 2017

It sounds like you have a contract with the older gentleman. If you have a contract you will need to do what the contract says. The daughter most likely will not be able to step in to just change the contract.

If you are dependent on this barn for your horse business, I recommend talking...
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5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who do I call to get property in my deceased grandfather's name put into my grandmother's name, his wife?

My grandfather passed away this morning and my house, that he bought for me, is still in his name. But my grandmother, his wife, is still alive and well. Me and my grandmother was wondering who we contact to get the house put in her name or mine.

John Richert
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John Richert
answered on Apr 28, 2017

Unfortunately from your question it sounds like the house is going to need to be probated for it to be transferred to you. When someone passes away, their property usually needs to go through probate in order for it to be transferred to anyone else, including through a will.

Contact a...
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3 Answers | Asked in Probate for Florida on
Q: We are in the process of selling heir property and one of the heir is deceased without a will or probate.

Will entire proceeds from sale have to be placed in probate?

John Richert
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John Richert
answered on Apr 28, 2017

I agree with Mr. WIlliamson. If the heir has passed away, all of his or her property will likely need to go through probate in order for it to be transferred to anyone else.

Talk to a probate attorney. A consultation with an attorney will be able to help you understand what needs to...
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4 Answers | Asked in Probate for Florida on
Q: My mother has property FL. She is deceased, I am the only child. Can I get it put in my name without going thru probate?

The property was actually in my mother's name as well as her sister. My aunt is deacesed didn't have any kids or husband, my mom has been divorced for 20 years. They do have siblings who signed off from having anything to do with the property 25 years ago. I have been paying the taxes on... View More

John Richert
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John Richert
answered on Apr 26, 2017

If property is located in Florida, you may qualify to put the probate estate through summary administration. The best thing to do is to talk to a FL probate attorney to see if you qualify. Summary administrations are relatively simple.

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1 Answer | Asked in Probate for Florida on
Q: My mother & I are having difficulty finding a lawyer to contest my brother's Will. He lived in FL and us in NJ.

We feel he changed his Will under duress, coercion and undue influence placed upon him. He was on strong pain medication, several, and these so called "friends" led him to believe that they would be there to help my other brother, whom died 9 days later and now the person is suppose to... View More

John Richert
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John Richert
answered on Apr 25, 2017

This sounds like there may be an undue influence claim against the person who may have influenced your brother. If this occurred in Florida, you will need to find a Florida licensed attorney.

You should consult with an attorney as soon as possible. With undue influence claims, it is...
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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: I am an only child. Florida, executor of parents estate. Zero debt, they willed everything to me. Probate?

, I am an only child, I live in the state of Florida so do my parents. They own two homes, two cars, boats, bank accounts, IRA, many things. They have zero debt, and they have willed everything to me in a legal will. I have no brothers or sisters there are no step parents involved. Will this go... View More

John Richert
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John Richert
answered on Apr 25, 2017

A will does not automatically transfer everything to you. For assets like the homes, cars, boat, bank accounts, and investment accounts that are titled only in your parents' names, you will need to file for probate in order to have the assets legally transferred to you. There are some ways to... View More

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