The AS-IS CONTRACT to purchase the house, under the “Additional Terms” section, includes the statement “Buyer agrees to assume the terms of the solar panel lease.” After speaking with the solar company multiple times, I’ve gotten wildly different amounts from them (to either pay off the... Read more »
You will need or want to continue negotiating until you can reach agreement that resolves or addresses the solar panel issue. I would strongly encourage you get a clear answer from the solar company (which they are not doing and is already a terribly bad sign). You will need to negotiate on who...Read more »
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are...Read more »
No, this should definitely not happen if you were the owner via a Quit Claim Deed, a review of the previous deed and document would be in order, but if you were the owner via Deed, they cannot convey it without your approval, agreement and signature. It is possible that maybe it was not a Quit...Read more »
I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA)... Read more »
50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time,...Read more »
I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any...Read more »
You would get a copy from your stepmother, and she would have to update her Will and estate planning documents. It is possible that her Will has not yet been updated and therefore she would have to visit with a Florida Estate Planning Attorney to get this taken care of and properly added and...Read more »
I am very sorry for your loss of your stepmom and your dad, please accept my condolences for you and your family at this difficult time. As a basic and general response to your inquiry, with knowing little else, it would appear that upon your stepmom's passing that your father became the owner...Read more »
We understand the Garn St Germaine Act of 1982 protects consumers from having onerous terms put on them when inheriting a mortgage. Our mother had Alzheimer's so I have been making the payments on time every month, never missed a payment. The property, still in probate, will be inherited... Read more »
Generally, and specifically the mortgage company is likely wrong. The federal Garn-St. Germain Depository Institutions Act of 1982 prohibits enforcement of a due-on-sale clause after specific kinds of transactions, like a property transfer to a relative upon the borrower’s death or a transfer...Read more »
Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get...Read more »
If you agree to pay a percentage of recovery you are looking at 33-40% usually if it is a contingency matter at most law offices. If the check is in your LLC name that is closed and no longer exists, you could have an attorney look into opening it up and getting it paid up with the Florida...Read more »
In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an...Read more »
Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;
I plan to hire an attorney to draft a revocable living trust that will be converted to a South Dakota irrevocable dynasty trust upon my death. I just want to get more educated on the subject matter before contacting an attorney.
You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living...Read more »
I would like to appoint my sister to manage my estate. My sister is capable and would guide my wife if I become an invalid or die. My wife is a recent naturalized citizen and I worry she would prove incapable of managing things on her own.
Yes, you can pick whomever you would like to be your Florida Durable Power of Attorney and there is no requirement, law of obligation that says a wife/spouse must come first. There are numerous rights that a spouse has related to any estate, these issues and considerations you should weigh and...Read more »
No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.
You better review your commercial lease agreement that you signed and were provided with, it is doubtful that this would be allowed in normal circumstances for a variety of reasons. You need to get a copy of the lease and read through it, and or get the help of a business attorney to review it with...Read more »
It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer...Read more »
A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?
You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will...Read more »
Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate....Read more »
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