I have called the county clerk and they dont even have the slightest clue in how for me to start the process. I have searched online for the packet so that I can fill out and submit and nothing is found.
You seem determined to DIY. Personally, I would advise against that, especially in a fairly technical area of law such as replevin. If an attorney does not fit into your budget, you could try Legal Aid, Florida Bar pro bono, your church or elsewhere to find a free or reduced price lawyer.
We've had multiple issues since day 3 of moving into our house 17 months ago and are finding out that they almost certainly knew about and hid and did not disclose. We are looking for the disclosure and inspection report, but are fairly sure none of that was on either including: roof leaks,... Read more »
Most definitely yes. You should have the seller sign a corrected deed. Contact the closing agent to have them prepare and record the paperwork and get copies reviewed in advance (which should have been done with the purchase). If you wish to avoid probate, you can contact an estate planning...Read more »
The new certificate of trust reads "the manner in which trust assets properly should be titled is Jane Doe and Bill Doe, trustees of the Jane Doe Revocable Trust. dtd. 1/1/2012" Everything is currently titled: Jane Doe, trustee of the Jane Doe Revocable Trust, dtd 1/1/2012. Does my Florida... Read more »
The property is titled in the name of the trust. Since the name of the trust has changed (the date of the new trust is probably not the date of the original one and Bill Doe was added), you should file a simple deed to change the name of the owner to the new trust. It is not expensive for the...Read more »
Yes. It is called Ancillary Administration when there is property owned in another state. A court in Ohio does not have jurisdiction over Florida real estate. To transfer ownership of the properties, you would need to file in the county(ies) where the properties are located.
The sale is going through a broker. What type of lawyer do I need? And what should I look out for. I received a sample letter. Would like to review with attorney as well as any other documents that may come up as well as due diligence of the business.
You should look for a business transaction lawyer. Your comment mentions a 'sample letter', which could be a letter of intent (LOI). The goal could be to get a signed asset purchase agreement with appropriate due diligence provisions, including an obligation for the seller to furnish complete...Read more »
A relative who money was left to for me by my grandmother has refused to give me all of the money unless I finish what they told me to do. The reason it was left to them is because I was underaged at the time the will was made. Is there any way I can legally get the money?
Is finishing what this person told you to do a condition expressed in the will? If not, a good start might be a demand letter, from you or a lawyer. If you still are not paid, depending upon the amount of money involved, you could open a probate case, assuming that one was not already opened. If...Read more »
Nobody has opened his estate and I do not want to be involved with administration obligations which will end up being very costly. Can I close business without an estate judge approval and reopen another one with me being 100% shareholder in the new one with the assumption that if one day... Read more »
One would need more facts to provide you with a useful answer. Are there business assets that you would use? Did the other shareholder personally guarantee the debt? Did you? Where there other assets owned by your former business associate? As you may suspect, perhaps the best and most prudent...Read more »
I agree with the prior answer that the cost depends upon the size and complexity of the estate. However, if there is a home involved, the estate is usually larger than $75,000.00, which is the limit for summary administration. Plus, in a summary administration, there is not a personal...Read more »
with a non refundable $1,000 EMD on the assignment contract. The property did not close on December 20th 2017 and the assignee never made the non refundable EMD deposit. I signed a new contract with the seller with a new closing date and assigned that contract to another individual. The first... Read more »
There may be more relevant facts than are included in your question. Why did the contract not close? Were there issues with the weather, property condition or title? When was the assignee ready to close? How’s the lien actually been filed?
Assuming that there are no other relevant...Read more »
I filed articles of incorporation for a Florida c Corp and put a future effective date. Prior to the effective date I opened a business checking account and deposited startup funds from myself and another investor. The initial board of directors meeting minutes that authorize the opening of the... Read more »
Quite simply, you have 20 days after service to file a response with the court to avoid having a default entered against you. If you take appropriate steps, you should be able to defend or settle the case. Wage garnishment can be avoided.
I was the only person who invested money in the company and the other two owners refused to let me have access to anything involving the business and filed an ammendement with sunbiz while I was out of the country including from the bank account and refused to allow me any access to it
Of course, their actions seem to be improper. You should contact a business litigation attorney right away, if not sooner. Depending upon the documentation in your possession, you may be able to go to your bank and freeze the account. Nonetheless, in view of the events as you have described...Read more »
We negotiated a price, I sent multiple pictures of everything on the SUV. We waited for hours and he didn’t show. He met all the requirements per Florida law for agreeing to purchase. I missed others from buying due to his agreement. Everything is documented via text. I live in Florida, he’s... Read more »
Borrower died 9 years ago. I own the property. I foreclosed the HOA lien. Took subject to the mortgage. Now mortgage company foreclosing but no estate has ever been raised and no personal representative named. They advertised for constructive service but they then filed an affidavit stating no... Read more »
As you stated, you took the property to the first mortgage. Holder of the first mortgage can foreclose upon the property. Most often, mortgage holders will open an estate. To get personal service by publication, they need to file an affidavit of good faith efforts to serve a party, which may not...Read more »
Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this... Read more »
You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment...Read more »
He passed away due to unexpected illness before starting. His girlfriend had been answering text to his phone, she says no one is handling buisnes issues. what should i do to get my $ back, or a least get judgement so i can take loss on taxes? $4000 deposit.
You can get a tax deduction for business bad debts. To get your money back you could file suit against the LLC or you may have a basis to file a claim against his estate, if one has been opened. Or, you could open an estate as an interested party, but this would involve costs to you up front with...Read more »
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