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answered on Jan 30, 2022
You are asking about air rights. The Supreme Court in 1946 in United States v. Causby, 328 U.S. 256 (1946) said that the air is a public highway, as Congress have declared. However, landowners still maintain a property interest in the nonnavigable airspace above their land. That means they can cut... View More 
the house was bought when they were married, but the wife was not put on the title insurance or the warranty deed. Will the ex husband be able to sell the home?
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answered on Jan 28, 2022
No legal issues.
One- if they are already divorced, their property was distributed during the divorce, and the other spouse likely does not have ownership of it or is required to cooperate to sell the property.
Two, if the other spouse is not on the deed, then that spouse does not... View More
Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.
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answered on Jan 21, 2022
You should probably repost it under trademark or intellectual property.
Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.
In the State if Maine?
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answered on Jan 20, 2022
I am not licensed in the state of Maine, not sure why you posted this question under Florida, but I would assume it is the same in all states, a lawyer may charge for the work actually performed. Why not? There is no compulsion to perform free labor unless it is through a pro bono clinic or some... View More
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answered on Jan 19, 2022
FEIN is not yours, it is associated with the LLC. As an example, whenever informational income tax return is filed by the LLC, this number is used. I assume the reinstatement does not list you as an officer of the LLC, and all other business operations do not list you as a member of the LLC.... View More
1)I'm looking into 2 Institutes at the moment to study hypnotherapy. I'm trying to confirm that upon completing the course and obtaining a certificate in Clinical hypnotherapy. Along with my AAS in Health Science and being a EKG Tech/Phlebotomist and 10 years plus experience in customer... View More
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answered on Jan 18, 2022
If you obtained a license or a certificate, you are deemed qualified to work in that profession, whatever that profession might be.
You should direct any professional licensing questions to the relevant governing board, probably at the FDBPR.
I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... View More
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answered on Jan 15, 2022
It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.
Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.
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answered on Jan 12, 2022
The court would not advise like that, cannot imagine that sort of language coming from the court (whatever the "court" means). And you won't be able to do a deed because your spouse can no longer sign it (deceased). You must register the death certificate in the county where the home... View More
My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?
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answered on Jan 12, 2022
There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.
I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:
1. There is a mortgage on the home with an escrow account. Is... View More
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answered on Jan 6, 2022
These are all good questions.
Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is... View More
Me and my mother are estranged. We own a house together that we are currently selling. There is a credit card that is in both of our names for $7000. Each of us wants it payed 50%/50%. My mother doesn't trust me to pay my half so she wants to hold up the closing. She wants me to credit half to... View More
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answered on Dec 31, 2021
Of course, you can agree to anything you want and both of you sign. You can even write it on a napkin.
In the alternative, you can hire a lawyer to draft an agreement that will also reflect your intent.
E.g. FL Gen Warranty Deed: my name/grantor, son/grantee, $?, etc. So new deed would read me and/or son so it's easier for son to inherent when I'm deceased...? Then we do the same with husband's deed so husband and/or son owns property together. As both husband and wife want to... View More
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answered on Dec 29, 2021
The simplest way is Quitclaim deeds. But if these are single family homes, I'd highly recommend warranty deeds and paying for title insurance. Otherwise, your quitclaim deeds will invalidate title insurance you have today. And title insurance is important in FL. Boundary disputes, for... View More
her husband was alive
he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom.... View More
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answered on Dec 27, 2021
It is not a real estate question. You need to hire a probate attorney specializing in litigation. Good luck.
mortgage lenders were handing out loans to anyone who asked for one. I moved to Michigan in 2009. *I am on the deed*. The house is listed in both of our names and therefore is affecting my credit and debt to income ratio. This person made many severely late payments (90 days+) and was delinquent... View More
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answered on Dec 25, 2021
It is important to know whether you are also on a deed. If yes, then you own the home. You can ask the co-owner to sell the property. In today's market, it will likely cover the mortgage, and you will have net proceeds to split. If s/he refuses, then you can force a sale but it will require... View More
The contract states that I would pay all back due mortage which we did
House was not livable so we have for last 2 years been renovating the property , we have invested a large sum and mortage payments have been made directly to the mortage co
The contract also states that he would... View More
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answered on Dec 23, 2021
It sounds like you are being treated as a tenant. You'll need to file suit called Declaratory Action to ascertain your rights under this "mortgage." Was your mortgage recorded? Do you know if there are any other liens filed against the property? Do you know if it was sold to a good... View More
I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... View More
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answered on Dec 23, 2021
Try these people- https://www.clsmf.org
I am not sure if they handle your type of issue, but this is a legal aid clinic and maybe they can refer you to someone.
They were informed of the septic drain field. 2 days later septic backed up into house. I had the septic tank pumped. The water was flowing back from the drain field indicating a possible collapse. I called the tree company & requested that they come out and look at the site. They never... View More
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answered on Dec 19, 2021
Small Claims court system is designed for people without lawyers. There is a filing fee, otherwise you have no risk, but your time.
The stone yard is requesting full payment but will not come out to inspect the install. Do I pay balance or withhold til the counters are installed properly? Yes a contract was signed
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answered on Dec 19, 2021
There is no legal answer to this that would tell you most definitely one way or another. Of course, your contract may provide some guidance. I would try to withhold payment until they do it right. However, even if your home is homesteaded, they can still put a lien for the balance. You can try... View More
Flogrown is trademarked.
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answered on Dec 19, 2021
No idea what Flogrown is associated with, but it certainly does not connote "a Florida business." There are many other ways of indicating that.
And I cannot imagine Flogrown's owner allowing anyone else to use the word, not even for a fee. The entire premise of trademark is... View More
It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... View More
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answered on Dec 18, 2021
Why are you posting it under FL if the issue is in Canada? FL lawyers are not licensed in Canada.
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