My father died when I was young I was suppose to get the money at 18 but my mother ask the court for guardianship of the estate they granted it but said for me to come back to terminate it now shes unreachable I'm 21 and I dont know how to get my money. My mother is the guardian of the estate... View More 
answered on Apr 22, 2018
It's hard to say without reviewing the documents that have already been filed, but the Judge should be able to hear the matter and make a decision to terminate the guardianship. You will need to hire an attorney to assist you. Best of Luck! Jennifer
And the seller decides not to sell. Does the buyer have any rights to make the seller sell?
answered on Apr 17, 2018
As long as there is no Contract, the Seller could take the house off the market and the person making the offer would not have any rights. If there was a Contract or if the person can prove the Seller is discriminating against the potential Buyer by not accepting the offer, but is continuing to... View More
answered on Apr 17, 2018
You are posting in a FL law forum. I would re-post your question in a GA law forum if the home is in GA. Best of Luck! Jennifer
My son & I have lived here with my mom and dad for over 20 years and i was their caretaker until they passed. I had power of attorney for both and I'm on their joint bank account. Mom passed away in Dec and dad in Apr. My sister wants the courts to kick me and my son out so the property... View More
answered on Apr 16, 2018
I am sorry for your loss and your situation. Nothing will happen until a probate is filed for your Dad, since your sister is not yet an owner. I would consult with a probate attorney to determine your best options going forward.
Buyer sent back "initialing" my revisions and accepting the contract dated 3/9/18 at 6:02 pm. Buyers now want to back out using 20 days from "effective date" to bail without any reason provision. They notified my realtor in writing by email, as required of the contract, of... View More
answered on Apr 3, 2018
The effective date of the Contract is typically the last date a party signs, unless otherwise specifically stated in the Contract. It seems like the cancellation was timely, but you would really need to have the Contract reviewed by an attorney to give you an exact answer.
1 residential, 1 commercial. My stepbrother has refused to allow the real estate agent to show the properties and changes the locks without permission. He has a tenant in the house and is collecting rent. We have a PMA on the commercial property so the rental proceeds are being paid to the estate.... View More
answered on Apr 3, 2018
It appears the administrator needs to take action to remove your stepbrother or get a restraining order. The attorney handling the probate needs to address this issue or get a new attorney.
answered on Apr 3, 2018
I am sorry for your loss. You should be able to file the probate as a Summary Administration, but only a consultation with a probate attorney will be able to answer your question with absolute certainty.
The house went thru probate in 2012 and the house was then passed to my mother, now she has passed away. There is no mortgage or taxes due on the house. There are only 3 adult children left as heirs. Does it need to go thru probate again? We are all agreeing to each owning 1/3 of the house. How do... View More
answered on Mar 29, 2018
I am sorry for your loss. If your Mom's name was the only name on the deed, then you will need to file a probate to transfer it to the children. I would schedule a consultation with a probate attorney to understand the next steps for your exact circumstances. Best of Luck! Jennifer
answered on Mar 8, 2018
I am sorry for your loss. The POA expires upon death, so you will need to file a probate to get a court order to release the funds. You should schedule a free consult with a probate attorney. Best of Luck! Jennifer
My parents bought 2 lots in 2005 under a contract paying $800/month ($400/lot). The contract states the payments are due until 2020 (15yr loan). The lots are only worth $3k! Is this legal? My dad lost his job and wanted me to take over payments and that is how I found out about the deal.
answered on Mar 3, 2018
If your parent's bought in 2005, things were on the upswing and following the boom between 2005 and 2007, many investors suffered from the downturn in real estate values in the following years. It's possible there was some kind of misleading information leading to the purchase, but most... View More
What is the process
answered on Mar 3, 2018
It will depend upon how your name is listed on the deed. You may be able to simply file the death certificate of record with the Clerk of Court or you may have to probate your Mom's 1/2 interest. I will depend upon the specific language contained in the deed. You should consult with an... View More
answered on Mar 1, 2018
There are many different options, you will need to consult with a foreclosure attorney to discuss your particular situation in order to determine which ones would be available to you. Please do not wait until the week before the foreclosure sale to take action! The earlier you get an attorney... View More
If none of them had a will and my mother and father died first , then my uncle ??
answered on Feb 20, 2018
There are lots of additional questions that need to be answered, but basically a probate needs to be filed for everyone. If your grandfather didn't have a probate done, his estate would need to be probated to transfer the property to your mother, father and uncle. If the property was already... View More
It is not in trust or estate, but after a search I found it still titled to my Dad at their old address. The PR of Estate told me if I want it Its mine, but don't know how to get it changed over to me.
My folks lived in South Carolina and I live in Florida. The property is in Florida,... View More
answered on Jan 20, 2018
You will need to open a Florida probate to transfer the property. Contact a Florida probate attorney for assistance.
I have 24 months left on my lease and my landlord notified me a week ago he wants to sell the house in 30 days. He's not transferring the lease.
answered on Jan 20, 2018
Generally, your Lease is a Contract that allows you to possess certain property as long as you pay your rent and comply with all of the terms of the Lease. If your landlord chooses to breach the Contract by terminating it, there would likely be some penalty. It would be best if you provided a... View More
A debt collector just contacted me saying they acquired my debt, and want me to respond. 1)How long do they have to collect?
2) What are my options??
Thanks!
Thanks for the response(s). It was a judgment for money, but the amount they are seeking is ~$17k more than what the... View More
answered on Jan 16, 2018
I agree with my colleague, only a money judgment would be collectible, so there is probably a deficiency judgment entered following the foreclosure. Judgments are good for 10 years in Florida and the creditor can renew them for another 10 years. Part of the post-judgment collections process... View More
I live in the state of Florida and my fiancé passed away about a month ago. Him and I lived together for 3 years and because him and his ex wife had a daughter together she was awarded personal representative of his estate. I have asked her to please let me retrieve my items but she is not... View More
answered on Jan 13, 2018
I am sorry for your loss. You need to contact the Sheriff and do a retrieval of personal property.
Hi, I bought a condominium apartment after my husband passed in Afghanistan. He was in the Army... I had unexpected events that caused me to fall behind on the maintenance fees. I could not afford a lawyer when the lawsuit was filed against me. Now, the judge has issued a by sale date set in April.... View More
answered on Jan 10, 2018
I am sorry for your loss and your current situation. I would recommend paying the judgment before the sale date. If you don't have the funds, you will need to borrow the money to pay it or risk losing your home. As for the payments not reflected in the judgment amount, I would contact the... View More
In 2016, I purchased a home in The Villages, FL, for my elderly father, with only one condition: his former (abusive) girlfriend was not allowed to visit. I've learned that she has been living there for at least a month, and plans to be there for 1-2 more months. What are my legal options? Can... View More
answered on Jan 9, 2018
Maybe. Is the deed in your name? Does the girlfriend receive mail at that address or have a driver's license registered to that address? If so, you may have to file an ejectment action to remove her. Most Clerk of Court websites have forms and instructions, but if you feel you need... View More
The shed existed prior to my purchase of the house. Duke Energy says it has to come down because they are doing construction on the power line that the easement is for, but they will compensate. I would prefer to keep the shed since I have a lot of stuff stored there that will not fit in my home.... View More
answered on Jan 9, 2018
You will need to review your closing documents with an attorney to determine your best course of action, but if your shed is on Duke Energy's easement, you will probably need to move or remove it.
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