Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Barry W. Kaufman
3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Barry W. Kaufman
Barry W. Kaufman answered on Jan 12, 2022

You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My question is about tenant rights in florida for a rental that has four tenants.

Im curious if I rent a house with three other people and one of the people invites a person onto the property that isnt wanted on the property by the other tenants am I rightfully allowed to tell said person to vacate the property?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 6, 2022

When you rent an apartment or house with others, all of you lease 100% of the premises. Your housemate has every right to invite someone to the property; you have every right to not allow it. Its a housemate issue. Now, if this person causes a problem such that his or her continuing presence is the... Read more »

3 Answers | Asked in Probate for Florida on
Q: I put personal money in an estate acccount, what do I need to do? Am I going to jail or contempt of court? Or worse

I am the executor of my moms estate.

I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.

As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 2, 2022

You are required by law to be represented by an attorney in your capacity as personal representative of your moms estate. If you have not retained a probate attorney, do it now before you do anything else. He or she will advise on what needs to be done.

View More Answers

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Can I sue my apartment for not fixing the elevator I am disabled and have fallen, hurt myself having to walk the stairs?

Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,

Barry W. Kaufman
Barry W. Kaufman answered on Dec 28, 2021

Maybe. You should contact a personal injury attorney in your area.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

Barry W. Kaufman
Barry W. Kaufman answered on Dec 27, 2021

The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed a few months ago and only listed my little sister on the policy. I am his first born son. Any help

Can I get help with recovering any of the policy payout.

Barry W. Kaufman
Barry W. Kaufman answered on Dec 17, 2021

Insurance proceeds pass directly to the beneficiary on the policy; these do not pass through the probate system. There is no ability for the Court to change the terms of the insurance policy.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord wants to sell their property, am I obligated to show it to potential buyers while I am living there?
Barry W. Kaufman
Barry W. Kaufman answered on Dec 16, 2021

Yes, within reason. You don't have to give the LL carte blanche to bring people over anytime, but at the same time you probably cannot refuse every and all requests. Read your lease, there may be some reference to this situation.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord suddenly give me a 3 day eviction notice because I owe late fees? Rent is paid. Late fees are months old

I complained about a parking problem, then she posted the 3 day notice. Rent is current ..late fees are from two months Sept and October

Barry W. Kaufman
Barry W. Kaufman answered on Dec 16, 2021

Read your lease. Generally, usually, normally, late fees are considered rent and due along with the next rent payment. Let's say your October rent was $500. You paid late and were assessed a $50 late fee. Your November rent due is $550, not $500.

Now you need to come up with...
Read more »

View More Answers

2 Answers | Asked in Collections for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name ? Also can the merchant go after my name ?
Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

No. If the owner of the credit card is your wife and you are not a co-owner, then you are not liable to the card issuer.

View More Answers

4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

Call the attorney who filed the suit or the person who signed it and try to arrange a payment plan.

View More Answers

3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Barry W. Kaufman
Barry W. Kaufman answered on Dec 2, 2021

You didn't ask a question. The attorney will want you to pay the past due assessments and their attorneys fees so they don't file suit to foreclose the lien on your property. You can have your house sold underneath you if you don't get this taken care of. If you try to make a deal... Read more »

View More Answers

1 Answer | Asked in Family Law and Probate for Florida on
Q: I have owned my house for 12 years. I have remarried and want to put her name on it. What are the procedures to do so?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The easy answer is to do a quit claim deed from you to her and you. The much better answer, and the one that I urge you to follow, is to consult with an estate planning lawyer to make certain that not only is the transfer done properly, but that the transfer is done in light of any tax or other... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If my current lease ends on Nov 30 & my boyfriend's name wont be on the new lease Dec 1. He has to be out by 11/30?

All utilities are in my name and I pay all the bills.

Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The only issue is whose name is on the Lease. Generally, landlords want the name of every adult residing in the rented space to be on the lease (meaning that all the adults are equally responsible to the landlord for the full amount of the monthly rent). If you executed a new lease and you are the... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2021

Stop playing lawyer and hire one.

2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2021

Nobody knows your case like your lawyer. If you don't agree with your lawyer's assessment.you are free to fire him.or her and find new counsel.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I received rental assistance can I be evicted ?

I received a notice of cleaning or possession notice my landlord posted a letter stating I must clean the outside of my property or I will be evicted. My husband has a tree business we are staying at a small duplex but he has his trailers outside and other items we have as well. Out r backyard was... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2021

It sounds like rent is not the issue, but the stuff outside. Generally usually, leases provide that the tenant must keep the outside of the rented property looking neat by specifying certain things that must be done or not be done. A duplex is not a place to keep the trailers that belong to a tree... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What can I do after We had phone court on eviction and found in the wrong because Plantiff had a attorney

We gave the judge all the proof and they did Not let me say two sentences! How can I appeal a wrong decision on two disabled people?

Barry W. Kaufman
Barry W. Kaufman answered on Nov 8, 2021

You didn't lose because the plaintiff had an attorney. You lost because you didn't have an effective or legal defense. Of course you can appeal but the likelihood of you prevailing is slim because eviction cases are creatures of statute. Statutes are narrowly construed (they mean what... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

View More Answers

1 Answer | Asked in Collections for Florida on
Q: I have an unpaid collection on my credit report but I was never aware that I owed any money. Should I dispute?

I have an outstanding collection from 2016 that is originally from an apartment complex. It was sold to a collection agency in Tampa. When I left that apartment complex, I wasn’t told that I owed any debt. I was never contacted even though my phone number never changed. I would have been easy to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2021

Can you dispute it? Sure. Will the credit bureau remove it? Probably not, because it's a valid debt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.