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I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More 
answered on Apr 16, 2025
If there is an asset that still remains in your husband's name and you need to transfer it to the beneficiary of the will, you can still probate the will and qualify as personal representative to make that happen. If you are simply trying to comply with the Florida statute that requires the... View More
My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More
answered on Apr 16, 2025
The default division of proceeds for co-owners when selling is 50/50 unless there is an agreement to the contrary. If there are text messages, emails, or other writings that outline the agreement, those can serve as evidence of the terms of the agreement to prove that a 50/50 split was not the... View More
Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More
answered on Apr 14, 2025
Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More
I need legal assistance regarding a personal injury and emotional distress claim against my apartment complex. My son and I were stuck in the apartment elevator for over an hour after a sudden power outage caused it to drop suddenly. I've attempted to make an incident report with the apartment... View More
answered on Apr 13, 2025
You will need a personal injury attorney with an emphasis on premises liability at apartment complexes. Regarding your injuries, you likely have a claim for negligence due to the sudden drop of the elevator. The drop could be due to skipped maintenance or lack of emergency systems, causing your... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
If your uncle is unwilling or unable to sign a will, power of attorney, or medical directive, your options are limited. If he is unwilling to do so, you have no choice other than to abide by those wishes. If he is unable to, you can apply for guardianship/conservatorship over him to assist with... View More
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More
answered on Apr 10, 2025
A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More
answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
My boyfriend and I bought a house together in Georgia, and now we are splitting up. Both of us are on the deed and mortgage. I plan to buy him out and need to transfer the house and mortgage to my name. We have agreed on the buyout amount, but there is no deadline for the transfer. What steps... View More
answered on Apr 6, 2025
You need a written agreement regarding the amount to be paid and the date the property will officially change ownership. To transfer the mortgage and take his name off of it, you will also need to refinance. Otherwise, he will remain liable for the debt. The mortgage is a separate document from the... View More
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
answered on Apr 3, 2025
If more than one year passes after the date of death, the claims of unsecured creditors are generally barred. The mortgage is a secured debt and will continue to exist on the property and must be paid. In order to transfer the property to you as an heir, probate will be needed, unless the deed was... View More
I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
Yes, once you qualify as executor of the estate of the deceased one half owner, you can force the sale of the property through a partition lawsuit. The partition lawsuit will be separate from the probate. You can sue for partition regardless of whether the other half owner claims a homestead... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
My mother passed away recently in California, leaving her estate in a trust. I am the sole trustee, and the trust specifies that the trust assets be equally distributed between my brother and me. My brother has terminal cancer and is likely to pass away before the trust is settled. He is legally... View More
answered on Mar 31, 2025
Unless the trust states otherwise, your brother's estate would pass to the beneficiaries listed in his will. If he has no will, then his portion of the trust will pass to his wife under the laws of intestacy. Your brother can specifically omit his wife from inheriting the assets that would be... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 31, 2025
Unfortunately, you cannot force them to sell you the property. However, you can force the sale of the property to the highest bidder through a partition lawsuit. Your grandparents' and aunt's estates will need to be probated to ensure all of the correct parties are named in the partition... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More
answered on Mar 26, 2025
The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More
answered on Mar 26, 2025
It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More
I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More
answered on Mar 19, 2025
If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More
I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More
answered on Mar 18, 2025
Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More
I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently... View More
answered on Mar 14, 2025
If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More
My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More
answered on Mar 11, 2025
In order to get the property into your name, you will need to file for probate. If the house is the only asset of your mother, you can file for summary administration and establish the property as her homestead. The property will then transfer to you and your brother. Last, he will need to sign a... View More
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