had only two heirs, my sister and I, but I live out of the country and unable to return any time soon because of COVID-19. Her accounts total about $30k not including the life insurance. I am worried my sister will be able to take everything as I am not there. She has also already forcibly taken... Read more »
First, I am very sorry for your loss. I agree with my colleagues, you will need to hire a probate attorney to assist you and represent your interests, especially if you are out of the country. It may be difficult to obtain the personal items already taken from the apartment by your sister, but...Read more »
It’s possible. You would have to make that request to the personal representative if it is a formal administration. If it’s not contested and there are liquid assets, you may get your request approved.
Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence... Read more »
I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there...Read more »
I'm sorry for your loss. If you did not sign any Note or personal guaranty and you have no interest in retaining the property, you will not be affected by any judgment that is entered to foreclose, however, it is best that you file a response so that you keep informed of all activity as the...Read more »
Generally the only way to transfer property when the owner passes away is probate. The exceptions wouldn’t relate to the type of property, but rather how the property is legally held. This could be specific language in a deed or if property was held in trust, you may be able to avoid probate.
I evicted a tenant, was awarded monetary judgment by court, placed lien on home he owned w/estranged spouse. SunTrust foreclosed on home, did not notify me of payout, and ex-tenant has received funds while my lien was not honored. Volusia County, Florida is venue. What recourse do I have other than... Read more »
If you were named as a junior lienholder in a foreclosure action and the foreclosure sale is complete, your rights to collect against that property have been extinguished. Even though the property has been foreclosed, you still have rights to collect under the judgment, so your best bet will be to...Read more »
Your homestead could pass to your surviving spouse through probate, but if there are children from another marriage, they would have an interest also. A simple quit claim deed might solve your problems, but you might want to schedule a consultation with an estate planning attorney to discuss your...Read more »
through a new QC deed. However, it does not have the signature of the other owner that is on the previous deed. Is this deed valid without his signature agreeing to the addition of her son onto the deed? We have a signed contract with the two owners but now same title company that told us the... Read more »
If you are purchasing a home privately, you will want to be sure to have a title search done to identify the exact ownership and any liens that may attach. There is no way to advise without a proper title search being done.
The Judge granted me 30 days to find new counsel after mine withdrew. That would give me until October 4. I also was given an Extension to Answer a Complaint from a previous motion. That will expire on September 17.
If the judge gave you 30 days to find new counsel, likely the order says everything is "stayed" for that period, meaning nothing will happen until the 30 days expires. You will want to review the wording in the order carefully to be sure.
The property was in probate under my grandmother. Somehow my aunt was able to have the property put in her name for taxes, but the only deed on file with the courts are my parents. Now my aunt has died and I’m left with a house I don’t have a deed for. All family say it’s mine, but the... Read more »
She had contacted a Florida lawyer years ago to see if the will written in NY was vAlid in FL and was told it was. Does not have any money to bring it to probate. Is the insurance company right that they can’t accept the will. What else would she be able to do?
It sounds like your father recently passed away in FL and your mother may be fighting paying the hospital bills. If that is the case, I am sorry for your loss. If I understand your question, you are asking whether the insurance company, who advised you that the NY Will is not valid in FL or a...Read more »
Hello, I need some help getting a modification from Mr. xx. They have turned us down 4 times for different reasons .I have had a modification in the past with No problems. I started in the month of August 2017. We are self employed and lost over 2400.00 a month. We are behind going on 14 months... Read more »
Couldn't say for sure without knowing the purchase price and terms of Contract. Typically, the seller pays the doc stamps for recording the deed and the buyer and seller split the closing costs. If there is title insurance, the seller would pay for the owner's policy and the title...Read more »
Your question is in the foreclosure section, so I assume the bank is foreclosing on your real property, maybe your home, and you are wondering if they can take any of your other "stuff." The bank is limited to whatever collateral is described in the Mortgage (or other documents used to...Read more »
If you and your Dad are both on the Deed, you will need to file a probate in order to transfer title out of your Dad's name to sell it. The Mortgage is a lien against the property that will be paid in full at closing, so it doesn't matter much whose name it's in.
Any items listed in a Will have to be existing/owned by the person that passed in order to be transferred by the Will. If a person leaves a house in their Will and then sells the house to someone else before they die, the Will has no effect. There could be recourse if there was some wrongdoing or...Read more »
I am sorry for the loss in your family. In general, it will depend upon the wording included on the Deed. If the Mom and daughter owned as joint tenants with rights of survivorship, then Mom would become sole owner. If they owed as joint tenants in common, the husband would likely become the 1/2...Read more »
Her family want nothing to do with the house im still making the payment as usual the bank has no idea she passed away we bought the place 11 yrs ago and because she had good credit and i didnt we only used her name for the purchase i do have paper work that i paid payments and the bank has also... Read more »
First, I am sorry for your loss. If your girlfriend's family is cooperative, you could file a probate, where the property would go to them (her children, if she had any, her parents, if living, otherwise her siblings), then they could deed the property to you. If not, you will need to...Read more »
3 installments made $1.500.00. May 1 and June 1 installments are due, May over 30 days late. A vacant lot in Florida. 1 returned check but remedied. Promises to send check so far no action. I would like to accelerate the loan, call it all due and payable as the clause in the note states or a small... Read more »
If the borrower is bouncing checks and making excuses, they are likely to be judgment proof, so you would want to foreclose. If you simply get a money judgment and they don't have funds to pay, you will have to foreclose the judgment lien against the property to get paid anyway. If the loan...Read more »
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