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My dad passed away he left a will ny mon is the beneficiary the only things they have is a mobile home and a car the only thing is that both titles are on my dads name only. they live on a mobile home Park so they dont own the land does my mom still needs to get a lawyer
answered on Jun 28, 2017
As the surviving spouse, your Mom can probably handle it on her own by visiting the DMV with the Death Certificate and Will. She will probably want to bring 2 Death Certificates with her. Best of Luck!
She's 84,and the home has plenty of equity
answered on Jun 28, 2017
More information is needed. If you are purchasing the home from your mother with your own financing (i.e., you are paying off her mortgage at closing), then you can do whatever you want. If your mother is signing a deed to you, she still has a mortgage and you are going to make her mortgage... View More 
My other brother passed away 9 days after my other brother and the house was to go to an acquaintance. The will isn't even settled and this person moved into the house and I have to go to Florida to pack the house up and she is telling me that I will not be allowed in "her" house and... View More
answered on Jun 28, 2017
If the estate is a Formal Administration and she is the Personal Representative, she may have a right of entry, but you would need to review the probate documents with an attorney for an exact answer. Best of Luck! Jennifer
answered on Jun 24, 2017
Your question is not 100% clear. It seems you are a buyer in a real estate transaction and the seller is asking you for personal information, stating they need to provide that information to their accountant. Typically the attorney or title company handling the closing collects the information... View More
encroaches on our property by approx. 4' wide by 20' long. Is their pond considered real property? Would it be prudent to have a copy of their current survey for a future sale on our property? If so, how would we obtain a copy of the survey?
Thank you
answered on Jun 24, 2017
The encroachment will present a problem for you in the future if you try to sell your property. The only way to get a copy of the neighbor's survey is for them to agree to provide it to you. Otherwise, you will need to hire your own surveyor or you may have your own survey from when you... View More
ever filed it in probate. How to I get a copy of this will?
answered on Jun 23, 2017
You can call around to local attorneys to inquire if they have a copy. Maybe you will get lucky. Otherwise, you will need to file probate intestate (without a Will). Best of Luck!
I occupy a small area in a commercial building at the owner’s suggestion for no fee other than some maintenance of the commons areas in that portion of the property. He has decided that rent will begin at $300 a month starting 6/1/17.
I am not able to afford this and am in the process of... View More
answered on Jun 23, 2017
It is not clear if you have any written agreement for your current occupation of the property, but either way, it would be a process of giving notice and filing an eviction action. I agree with Attorney Williamson that you should work as quickly as you can to remove your equipment and vacate the... View More
I wrote him a check for $2500.00. July 5, 2016. House was started in October. This property was in his name. Then in April he sold the property without telling me or the investors. What recourse do I have?
answered on Jun 15, 2017
I agree with Attorney Williamson, if you don't have a written contract, the best you can hope for is to get your deposit back. I would bring your paperwork to an attorney to see what your options are. Best of Luck!
answered on Jun 14, 2017
Florida Statute 83.57(3) requires not less than 15 days’ notice prior to the end of any monthly period. Absent a Lease Agreement, Florida Statute would apply. Best of Luck!
answered on Jun 12, 2017
I agree with Attorney Williamson, more details are required. Typically, bond is waived in the Will and should not have any bearing on the timing of distribution of assets. It sounds like there must be an attorney handling the probate, so I would recommend you inquire to them about the timing of... View More
Then in 2008 did a reverse mortgage.un know to the family. Can the reverse mortgage be contested due to trustees or beneficiaries not signing away tangible rights?
answered on Jun 12, 2017
If the property was in the name of the trust at the time, then possibly, but it is unlikely that she would have been able to do a reverse mortgage if the property was in any name other than her own. You would need to review the documents with an attorney for an exact answer. Best of Luck!
They have tenant that "isn't ready to leave". We are racking up bills with moving/storage. Does seller have the right to agree to how much damages and when to pay?
answered on Jun 12, 2017
I am not able to give a precise answer without reviewing the Contract. The Contract will have the provisions for damages available if Seller defaults. You may want to review the Contract and consult with an attorney to determine your options. Best of Luck!
from my uncle who inherited the house. It will be a cash sale. He wants to use an attorney to close the sale and not a title company. I want a warranty deed. Is title insurance also necessary or does a warranty deed eliminate the need for it? Is it his obligation to provide me with a warranty... View More
answered on Jun 11, 2017
You will need an attorney to draft a Contract and handle the closing. Title Insurance is a standard provision in all Real Estate Sales Contracts and is paid by the seller. If you choose to waive Title Insurance and there proves to be some defect, your only recourse would be against your uncle.... View More
Tenants at will they get mail here too. He asked them to leave they refusing. What if anything can be done? Homeowner lives in home and is on limited income and snap. Would you know if legal aid type help is avail? Or can you recommend if there is a cheaper route to go? With possibility of illegal... View More
answered on Jun 10, 2017
Most Clerk of Court websites have self-help packages for eviction (with a lease) or ejectment (without a lease) so you can follow the instructions and file yourself. You can also request a waiver of the filing fees if you are under a certain income threshold. If there is illegal activity, you may... View More
my friend moved to Florida in the past year . his father died, his mother now owns the house ,when she dies the house by his father's will goes to him. he now has moved in ,all utlities are in his name, there was no verbal or written agreement to payment of rent . now they (his mom and her... View More
answered on Jun 10, 2017
I agree with Attorney Williamson, there are too many facts to give an exact answer. If the mom owns the house and he has no legal document showing he has the right to live there, he may have to get out or they will have to file an eviction or ejectment action against him. It is not clear when you... View More
We had an oral arrangement with this person in 2011 to live rent free in the house if he would agree to do repair work. Having done none of the work, a few years later we had him sign a one-year lease. He has paid nothing. We haven't pursued eviction until now because of the peace of mind... View More
answered on Jun 10, 2017
The best way to get him out is give him an incentive to get out. Offer him some money and you might gain his cooperation! If you file an Eviction or Ejectment action against him and he decides to fight it, you can be tied up in court waiting for hearing dates. Best of Luck to you!
mother has been deceased for 2 years now. I was not able to afford probate attorney. Legally, can I purchase the property now directly from the bank?
answered on Jun 9, 2017
I am sorry for your loss! Probate is a completely separate issue from purchasing the property at foreclosure sale. If you did file probate, you would probably have to pay the full balance to the bank to release the mortgage. If you purchase at foreclosure sale, you will have to pay cash to the... View More
Is it to secure the pool with fence and alarms...ours or the landlord?
answered on Jun 8, 2017
Most likely, there is a provision in your Lease Agreement regarding the pool. To my knowledge, there is no FL Statute that requires a Landlord to secure a pool, but any landlord client of mine renting a pool home certainly have provisions in the Lease putting the liability and responsibility on... View More
though she evicted him.Police said she cant do that as they are married. She has paid all the taxes and quiet titled the house.
answered on Jun 8, 2017
I agree with Attorney Williamson, only to add that she needs to get a restraining order if the reason she wants him out is that she is in danger.
My landlord rented without HOA approving the lease. The HOA says my lease is void. She gave me a three day notice. I want to move. I'm a felon I'm not gonna get approved by the HOA. I need this money to move. Did she properly terminate tenancy to start an eviction?
answered on Jun 7, 2017
A 3 Day Notice is typically for non-payment of rent, not to terminate a Lease Agreement, so I suspect there is more to this story, but it seems to me that she never legally provided you with possession of the property and you should request any sums paid be refunded. Of course if there was a... View More
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