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My stepmom & I had a awesome relationship, she was married to my dad for other 20 yrs. I recently found out that while I was helping her run the lawn service he left behind. In the midst of the turmoil of her having to pay the ex-wife $21,000.00 for her to remove her name off the deed. Which... View More 
answered on Jun 7, 2017
I am sorry for your loss. Insurance Policies are contracts. The policy holder designates a beneficiary and when the policy holder passes, the beneficiary is supposed to be notified to make a claim. It is possible that there was no beneficiary designated and the policy would have gone to the... View More
collections company itself or somewhere else?
answered on Jun 6, 2017
Excessive calling may be a violation of the Fair Debt Collection Practices Act and subject to significant monetary penalties. I would recommend that you keep a journal of the calls and schedule a consultation with an attorney to discuss the details of your case and have them serve a Cease &... View More
Brought my house 10 years ago, her and her two daughters moved in 3 years ago. We now have a 2 year old son together but even after a year of counseling the relationship has now fully dissolved. What steps do I need to take?
answered on Jun 6, 2017
You need to file an Ejectment action against her. You might want to start by visiting your local Clerk of Court online. They often have self-help ejectment packages available. Be sure to follow all of the instructions exactly and completely. Best of Luck to you!
My realtor has stated that it is a Brevard County law that the seller of real estate has to buy title insurance when selling a home. I get the feeling that this is a kick back to the title company, which she must have a sweetheart deal with. I understand I need to buy the title search. This is a... View More
answered on Jun 6, 2017
I agree with my colleagues, only to add that the only reason Title Insurance would be required is if a Title Company is handling the closing. If you are not a licensed attorney in FL, you must provide Title Insurance to close a transaction. The Seller has the right to choose who closes the... View More
Our lease is up in July and we are moving. The complex indicates that the lease agreement ends on the 28th of July, but will not pro-rate for the last 3 days and expects the rent to be paid for the full month. We have already obtained new living arrangements, and do not have a problem with the... View More
answered on Jun 6, 2017
You will need to review the Lease Agreement carefully to see what it says about notice and termination. The term is usually clearly defined and your Landlord may not be required to pro rate the rent. It will depend upon the terms defined in the Lease Agreement. Without reviewing the document, I... View More
answered on Jun 5, 2017
The answer lies in
FL Statute 83.57(3) - When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.
Best of Luck to you!
So she is asking for me to pay the last month and to be out of the house the 29 not the 30 of this month. Do I have to do it?
answered on Jun 5, 2017
Maybe not. You will want to review the terms of your Lease Agreement to determine what the agreed upon terms for termination are. Typically, a Landlord cannot terminate your Lease Agreement, unless you are habitually late making payment or are in violation of some provision of the Lease... View More
We are to have loan acceptance by 6/8 11:59pm if not we are held liable for a 225k home and Milliman husbands company for his retirement requested loan and had been given misinformation by several reps and managers in the debt. Can they be held liable if contract terminates for failing to provide... View More
answered on Jun 5, 2017
I am sorry for your situation, but the answer is ...probably not.
Your 401(k) is completely separate from any real estate transaction, UNLESS you have a clause in your contract that the sale is contingent upon distribution from your 401(k). I would recommend that you consult with an... View More
Not once in 7 yrs did they ever inform me I was late with my rent. Am I still on the hook for the fees? There were fees in the lease and in truth I was late now and then, but they told me verbally not to sweat it. I know what they are doing is immoral, but is it illegal?
answered on Jun 5, 2017
I agree with Attorney Williamson, it will depend upon the terms of your Lease Agreement. You may have a defense to any claim of late fees if 3 Day Notices were served on you prior when you were behind. You may also have a defense of Statute of Limitations due to the extended period of time... View More
They buy a resident in Florida in wife's name only. Wife dies first, no probate, then husband dies, no probate. Who owns the property?
answered on Jun 5, 2017
If this is homestead property, and there are no surviving heirs on the wife's side, you would file the Death Certificate and the property would automatically pass to the husband. If the wife had surviving heirs, then a probate would need to be opened for the wife. Depending upon the... View More
On May 5th I had a $55 credit on my ledger. On May 31st, I was charged $270 in late fees. I was never notified that I owed any money. Is that legal?
answered on Jun 4, 2017
I would need additional information to answer your question. I assume you are referring to a credit card account? Fees typically depend upon your due date for payment. $270 is a large amount for a late fee, so it sounds like you had a high balance and then brought it down by making a payment. I... View More
answered on Jun 3, 2017
I am sorry for your loss. If what you are trying to accomplish is is to distribute your father's estate, but what your father had was actually part of an inheritance from his mother, which he would have shared equally with other siblings, who have now all passed, I think the answer to your... View More
Employer states they used My PTO to pay my health insurance Now employer States i owe them 1700.00 dollars due to not enough pto was used to pay my health insurance can employer 1700.00 can they put a lien on my house If I don't pay? This was their mistake
answered on Jun 2, 2017
You will want to consult with an employment law attorney. The only way I am aware they could put a lien on your home would be to get a judgment, which would require filing a lawsuit. Best of Luck to you!
I had a back injury and tried to get my home loan restructured and the bank refused..It was a predatory loan with HSBC..I let my home go into forclosure and got a judgement against me..It has been 4 years and they havent tried to collect and theres no collections on my credit report..I am getting... View More
answered on Jun 2, 2017
If there is a foreclosure judgment against you, that is not a money judgment, that is a judgment for possession of you home. As Attorney Williamson stated, there is a one year statute of limitations for collection of any money determined to be owed following the foreclosure, so it does not appear... View More
answered on Jun 1, 2017
A deed is required to have 2 witnesses and a notary. The notary can sign as a witness, but must sign the same document twice. Hope that helps...Best of Luck to you!
The HOW was in the purchase contract but missed by all parties at closing. Now a whole year has gone by and buyer's agent is demanding we send them money, the amount of the HOW.
answered on Jun 1, 2017
You would need to clarify if the HOW was promised or if it as included as a term in the Contract. A promise will probably not get you very far. If it was included in the Contract and wasn't provided at closing, you may have recourse, but you would need to consult with an attorney to review... View More
this. I told them to show me the bylaws or covenants that say I can't do it and there wasn't any. Then the HOA filed new laws yesterday at the court house with no voting process. I just wanted to see what I should do or can do.
answered on May 31, 2017
That's an HOA for you! You did the right thing demanding to see the provision that is both recorded in the Public Records and states that you may not hang your laundry out to dry. Any restrictions on the use of your property must be disclosed prior to you purchasing the property. Likewise,... View More
answered on May 31, 2017
The Three Day Notice is to pay or vacate. If you do not pay or vacate, your landlord must file an eviction action against you and you will be served with the court papers by the Sheriff or a process server. If that happens, you will want to be sure to follow the instructions CAREFULLY because if... View More
My Uncle's estate has been in probate for over three years. I cannot understand my lawyer's attempt at explaining why. First it was the judges' not having time. Now it is something about the investments have not been put in the escrow account. I don't know what to do. This... View More
answered on May 31, 2017
Attorney Richert is correct, an attorney would need to review the documents filed in the probate case to determine why the Estate has not been closed. Typically, Estates are supposed to be closed within 12 months and if they aren't you have to give the Judge a good reason to keep the case... View More
My sister and I are his only living relatives and no one else has come forward. Recently, our lawyer sold Uncle Joe's apartment for us and sent my sister and I the money. My question is, if we were able to get the money from his apartment, why can't we get the money in his investment... View More
answered on May 31, 2017
The property was probably in his name and subject to probate, but the investments most likely had a designated beneficiary. You will want to check with the brokerages that he had dealings with to see if he had a designated beneficiary or not. If not, it would also be an asset of the estate and... View More
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