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Questions Answered by Jennifer Isaksen
3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed away in 2012 in Florida and i didnt get any inheritence. What can I do?

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Jul 20, 2019

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 was no probate.... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: I have been named in my deceased mothers foreclosure case I have signed no documents for beneficiary or heir

What can i do to avoid this court case in Pasco county

Jennifer Isaksen
Jennifer Isaksen answered on Nov 12, 2018

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 case... Read more »

1 Answer | Asked in Probate for Florida on
Q: Are there specific pieces of property that aren't subject to probate?
Jennifer Isaksen
Jennifer Isaksen answered on Nov 5, 2018

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.

2 Answers | Asked in Real Estate Law for Florida on
Q: Property sold, lien not honored. What recourse do I have?

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Oct 30, 2018

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 »

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I purchased a house in FL, but I noticed that they did not put my wife's as co-owner and her name is not on the deed.

Will to this property go though probate court if I pass away?

Jennifer Isaksen
Jennifer Isaksen answered on Oct 22, 2018

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 »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Purchasing a home from a couple that has QC joint tenants ownership deedof home. Recently, one owner has added her son

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Sep 18, 2018

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.

1 Answer | Asked in Civil Litigation and Probate for Florida on
Q: What comes first: finding new counsel or Answering the Complaint?

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.

Jennifer Isaksen
Jennifer Isaksen answered on Sep 12, 2018

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.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: How do I get a deed and property in my name?

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Sep 12, 2018

You will need to review the deed and probate documents with an attorney. There are too many variables to be able to advise in a web post.

1 Answer | Asked in Estate Planning for Florida on
Q: My mother, executor of dad’s estate- will dated 1990. Is fighting hospital charge told can’t because will could change

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?

Jennifer Isaksen
Jennifer Isaksen answered on Aug 31, 2018

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 »

1 Answer | Asked in Foreclosure for Florida on
Q: Question below

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Aug 30, 2018

There is no way to guarantee a modification will be granted by your lender, especially without having any knowledge of your debt and income. I would recommend scheduling a consultation.

3 Answers | Asked in Real Estate Law for Florida on
Q: We are selling our home for cash. What fees is each party responsible to pay? We live in Florida
Jennifer Isaksen
Jennifer Isaksen answered on Aug 22, 2018

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 search. It... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: Can the bank also seize anything else on our property we live in, like an RV?
Jennifer Isaksen
Jennifer Isaksen answered on Jul 13, 2018

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 secure your... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My father and I are on the deed to his house here in Florida. HE has a morgage still in his name only. He passed away.

I have been paying the morgage the last few years after his death but now would like to sell the house.

How does this work since his name is on morgage

thanks

Jennifer Isaksen
Jennifer Isaksen answered on Jul 3, 2018

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.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a house was put in a will and a person quitclaimed that house, does that change the will?
Jennifer Isaksen
Jennifer Isaksen answered on Jun 28, 2018

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 »

2 Answers | Asked in Real Estate Law for Florida on
Q: Mom & daughter own house. Daughter dies. Is the daughter’s husband entitled to any profits from the sale of home?

Husband’s name is not on the title. However, daughter was put on the title during marriage.

Jennifer Isaksen
Jennifer Isaksen answered on Jun 22, 2018

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 »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My girl friend passed away with no will and our house only had her name on the loan what can i do

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Jun 22, 2018

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 explore... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My marriage was annulled and the exs name is on the title of the house she is not on the mortgage at the signing I was

told being were married she had to be on the title? By law we were never married can I remove her from the title?

Jennifer Isaksen
Jennifer Isaksen answered on Jun 7, 2018

If she is on the title, she will have to sign a deed over to you. If she is not cooperative, you may need to file a lawsuit in order to remove her from title.

3 Answers | Asked in Real Estate Law for Florida on
Q: Borrower late 2 installments,$1,000.00, vacant lot in Florida, balance $4,300 . Sue small claims, accelerate, foreclose?

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 »

Jennifer Isaksen
Jennifer Isaksen answered on Jun 7, 2018

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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2 Answers | Asked in Real Estate Law for Florida on
Q: Hello, my mom had a house that I bought from her. She has the house leased in February for a year lease,

Now I put the house in the market for sale and the tenants don’t want to show it? What can i do? Also they refused to sign same lease they signed to my mother but with my name and refuse to make payments to me, they want to do it to my mother but she is not the owner anymore.. what can I do?

Jennifer Isaksen
Jennifer Isaksen answered on Jun 5, 2018

I agree with my colleague, if they aren't cooperative, there isn't much that can be done to change their hearts. If they are not paying rent, you should evict them as soon as possible. You may want to have your Mom sign an Assignment of Rents in your favor first.

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2 Answers | Asked in Foreclosure for Florida on
Q: What happens to the liens on your property once everything gets resolved with the lender?
Jennifer Isaksen
Jennifer Isaksen answered on Jun 2, 2018

Since your question is in the foreclosure section, I assume that you were in foreclosure and you got back on track to keep your home. If you had liens on the property, they are likely still there. A foreclosure would "wipe out" liens junior to the mortgage only at the foreclosure sale. Hope that... Read more »

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