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Questions Answered by Andy Wayne Williamson
2 Answers | Asked in Probate for Florida on
Q: if someone passes away suddenly, lives alone, what can the relatives throw out before probate ? food? old clothes

she was a horder

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

Food yes, in theory all assets should be held and distributed to the heirs per a proper probate.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can we trespass on neighbor's property to cut down a tree that grows from my property and overhangs the neighbor's?

I've got a tree that's on my property but severely overhangs the neighbor's yard. I want to remove it, but can't do so without it falling on the neighbor's property. The neighbor refused us access to enter the property and has dogs in the fenced in yard. How am I suppose to cut down my tree?

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

No you would not have the right to trespass. Not sure why the neighbor does not want the tree cut. I suggest that you put in writing your desire to cut the tree back and ask permission. It will be very good for you to have in writing that your neighbor refuses to let you briefly go across his... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: The land lord owns the property but i own the mobile home that cant be moved.. What are my rights

Sewer and tree damage to my home

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

Pursue a claim with your homeowners insurance for the damages. I suggest that you should consult with a real estate attorney in your area to give all the facts and get specific advice.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: How long does a Florida fired property manager have to transfer tenant security back to me?
Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

This situation would be governed by your property management agreement. Florida Statutes do not address issues between landlords and property managers.

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2 Answers | Asked in Real Estate Law for Florida on
Q: What kind of lawyer do I see and what is a reasonable charge to complete an Unlawful Detainer?

I rent. I'm the only one on the lease. Been here 7 years. My boyfriend refuses to leave after being asked multiple times, and is receiving mail. He is not listed on any bills either. His name only appears on his personal mail such as bank statements.

Please contact me: email:... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 27, 2018

You need to consult with a landlord / tenant attorney in your area. As for price, I have no idea what the rates would be in that area.

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2 Answers | Asked in Car Accidents for Florida on
Q: Can you still go after someone even if they have bodily injury coverage? (I don’t have under insured motorist)

The question is as stated in the title. I ask this primarily because they have a coverage of $25,000 which is, according to my attorney, the maximum I will get out of this case. After my legal fees this leaves me north of 16 grand, but in order to restore myself to where I was at financially before... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 27, 2018

I agree with Attorney Reynolds response. You have the right to go after the person, but the big question is whether it is worth doing.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: landlord/realtor has not given me an account statment of funds..?

I have been renting a home in Florida since 9/1/16, and have given the landlord/realtor over $7,500.00 that included last months rent & security deposit. I have asked repeatedly, but he has not and will not provide me with an account statement in accordance with Florida law?

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 27, 2018

You need to consult with a tenant attorney in your area to have your lease reviewed and then determine what the next step or steps might be.

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can opposing counsel make untrue, defamatory statements with obvious intent to diminish respondent's credibility?

Handicapped respondents character defamed by opposing counsel unsubstantiated statements with obvious goal to diminish respondent's credibility? What recourse does respondent have in this situation? Petitioner keeps making outlandish statements and neither Judge nor counsel demand Petitioner... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 27, 2018

Not enough facts to say for sure. The judge is in charge of the courtroom. If the judge allows it then yes I guess it can continue.

2 Answers | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Does a tenant/renter have the same rights as an owner in an HOA to confront trespassers on property they are renting?

Our HOA is trying to tell renters they do

NOT have that right but must contact the owner to complain first. Doesn’t seem right to me that a renter cannot tell someone to get off their property that they are paying rent on.

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

Ultimately, it will be governed by the HOA governing documents. Thus there is no way to say for sure. But as suggested by Attorney Thorgaard, call the police and let them sort it out. You probably should speak with the landlord about the situation also to make sure that the landlord is aware of... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: My wife is buying a home in Florida. I will not be on the title or the mortgage but I have to be on the deed.

I have a restitution judgement, can they place a lien on the house that my wifes owns just because I am on the deed and not the mtg or title?

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

I suggest that you consult with a Florida Real Estate attorney before you proceed on the transaction. Your statement that you have to be on the deed does not make sense. Normally is that you have to be on the mortgage but not on the deed. Consult with an attorney and discuss the whole situation.

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2 Answers | Asked in Civil Litigation for Florida on
Q: I recently won a default judgment against my former property manager in civil court. He has not paid.

His property management company is an LLC but he owns several other properties I know that I may eventually have to get a writ of execution but what is my best 1st action to initiate collection against him?

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 27, 2018

You really need to consult with an attorney to get detailed and specific advice. You have a judgment against an LLC then you only have a right to seek payment from that entirely. You can’t jump to the assumption that you can collect on or from his personal assets or other companies or properties.

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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: If LL & Tenant enter into Agreement to Enter into a Lease but LL does not provide lease in 5 days is the agreement void?

Further, if tenant wants to cancel the agreement to lease, which simply states the monthly rent and the LL's obligation to pay the broker, would the tenant be liable for liquidated damages if the agreement to lease was written by the broker and the lease was not provided to the tenant within 5... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

If you never signed a written lease but moved in anyway they you are technically a month to month tenant and can terminate the rental with 15 days written notice prior to the date rent is due to be paid. ie: if you pay rent on the 1st, then you need to give the written notice at least by the 15th... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: If trustee puts house up for sale with agent and agent gets an acceptable offer , can trustee back out of deal?

How much time after offer put in does seller have and does seller owe any money to realtor and how much say on 165k price?

Thankyou

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 21, 2018

It depends upon the listing agreement. The trustee should consult with a real estate attorney to get specific advice.

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1 Answer | Asked in Civil Litigation for Florida on
Q: I live in Fl. How can I challenge a lottery proceeding in a public charter school, which no one witnessed ?

I rcvd a letter stating the student wasn’t picked. But don’t know when the lottery was held or even if his name was included. Just seems like they want to control who enters a public school

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

Most likely it will be very difficult as you are not a member of the governing board and likely have no entitlement to view the method or procedure of the lottery itself.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Real Estate valuation:My parents, deceased, are 1/3 owners of a vacation house with two of my brothers. How is it valued

The two brothers have to "buy out" the other four siblings. Appraisals came in at $715K and $750K. The non owner siblings agreed to a value of $732,500K, midway. One brother wants out and will sell to the other at $675K. How should this home be valued to the estate?

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

The person selling his or her interest would get a value equal to 1/3 of the agreed or appraised value in exchange for giving a deed for his 1/3 share.

If an owner wants or agrees to sell his 1/3 share for less than appraised value that person is free to do so.

Hope this helps.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: new car from dealership, charges $450 for Tag/title. Per County cost was $99.75, get refunded $45, is this legal?

Daughter bought Car at Grieco Delray, despite submitting W-2 and pay stubs they first say approved 0 down, 3 weeks later need $3k down. Made down payment and they never turned contract into finance company. Approval expired, had to re apply, now APR went from just over 6% to over 9%. Then pushes... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

Yes you have legal rights. Do you have sufficient legal damages to justify the pursuit of a case against the dealer is the better question to ask. I suggest that likely no, as a lawyer will cost anywhere from $250.00 per hour to potentially $450.00 per hour or more.

Hope this helps.

1 Answer | Asked in Foreclosure, Real Estate Law and Child Support for Florida on
Q: Why would DOJ close investigation to collect my child support when my ex husband died instead of pursuing his estate

Need help for foreclosure in fl due to my child support lien but I live in VA

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: Is a house purchase contract created by me, that was signed by my mom and I, legally binding on us?

My mom needed help paying her mortgage payments on her house and could no longer afford paying for it. I informed my mom that I can start paying the mortgage payments as long as she agrees to sell me the house under a contract that we sign. The contract that I created stipulated that I would... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

Can’t say for sure without first reviewing the contract.

I strongly suggest that you consult with a real estate from your area to get specific advice.

1 Answer | Asked in Elder Law and Foreclosure for Florida on
Q: Got a les pendens notice in mail. How long can I stay in home till I have to move. It is not being contested.
Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

No way to say without more info. But if you just got a lis pendens that is typically done at the start of a case. Thus this appears to be the beginning of the case for you.

Good luck.

1 Answer | Asked in Lemon Law, Contracts and Landlord - Tenant for Florida on
Q: What is the lemon law
Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 20, 2018

There is no way to explain the in's and out's of the Florida Lemon law via this type of forum. You can google the Florida statutes. I suggest that you consult with an attorney in your area about your specific set of facts to get specific advice on whether your situation falls under the... Read more »

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