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Questions Answered by Jennifer Isaksen
3 Answers | Asked in Probate for Florida on
Q: Can my sister have me kicked out by going to probate?

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 can be sold... Read more »

Jennifer Isaksen
Jennifer Isaksen 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.

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3 Answers | Asked in Real Estate Law for Florida on
Q: I'm selling vacant land. I received an offer dated 3/7/18. I sent it back with revisions & signed by me on 3/8.

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 this on 3/28/18. They... Read more »

Jennifer Isaksen
Jennifer Isaksen 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.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My father died without a will in 2016. My mom is executor of the estate and trying to sell 2 properties.

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.... Read more »

Jennifer Isaksen
Jennifer Isaksen 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.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Parents passed no will.4 kids inherit.home15,car8,paid for.duval,fl.can this be handled in "summary to trans.deed,title
Jennifer Isaksen
Jennifer Isaksen 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.

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3 Answers | Asked in Probate for Florida on
Q: Mom passed away and her name was the other name on the deed after my dad passed. Does it have to go thru probate again?

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... Read more »

Jennifer Isaksen
Jennifer Isaksen 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

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My dad left a checking account with $3000 in it. My sister is listed as POA on the checking account do we need probate?
Jennifer Isaksen
Jennifer Isaksen 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

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3 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Can a company sell land for 40k if it’s only worth 3k?

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.

Jennifer Isaksen
Jennifer Isaksen 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 likely the... Read more »

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mom died, my name is on the deed but no will. What do I do?

What is the process

Jennifer Isaksen
Jennifer Isaksen 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 attorney... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: I need help saving my house from foreclosure
Jennifer Isaksen
Jennifer Isaksen 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... Read more »

3 Answers | Asked in Probate for Florida on
Q: My grandfather died and left his house to my mother , father and uncle. Now their all dead who does the house go to?

If none of them had a will and my mother and father died first , then my uncle ??

Jennifer Isaksen
Jennifer Isaksen 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... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: I was given a parcel of land by my Mother before she passed. Now come to find out was never put in my name.

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,... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Jan 20, 2018

You will need to open a Florida probate to transfer the property. Contact a Florida probate attorney for assistance.

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3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: My landlord is selling the house I rent. Do I have to move?

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.

Jennifer Isaksen
Jennifer Isaksen 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... Read more »

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3 Answers | Asked in Collections for Florida on
Q: I had a judgment in 2011 after I lost my house in foreclosure (Florida). How long do they have to collect?

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... Read more »

Jennifer Isaksen
Jennifer Isaksen 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... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: How can I retrieve my items after an estate has gone to probate and a personal representative has been appointed?

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... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Jan 13, 2018

I am sorry for your loss. You need to contact the Sheriff and do a retrieval of personal property.

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2 Answers | Asked in Foreclosure, Civil Litigation, Military Law and Small Claims for Florida on
Q: Hi, I bought a condominium apartment after my husband passed in Afghanistan.

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.... Read more »

Jennifer Isaksen
Jennifer Isaksen 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... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I have an unwanted houseguest living in my home. What can I do to get her out of there?

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 I... Read more »

Jennifer Isaksen
Jennifer Isaksen 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 assistance... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Duke Energy has a utility easement on my property. I have a shed that is on the easement. Duke wants to tear it down.

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.... Read more »

Jennifer Isaksen
Jennifer Isaksen 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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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Hi..i entered a mortgage loan disaster relief program with caliber home loans. They said that I was able to move

3 payments to the back of my loan. Now they are saying that they won't do it. Do I have a case?

Jennifer Isaksen
Jennifer Isaksen answered on Jan 9, 2018

Impossible to say without review documents and your financials. I would recommend you schedule a consultation with an attorney for specific guidance.

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3 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Myself and my uncle were the only officers of a corporation. The company was involuntarily dissolved by the state.

The corporation is still on the deed as property owner. Now he is deceased, his three daughters assume they have half of the property. There is no will and they said they do not need to have his assets go through "probate". Do they have any rights to the property? Also what attorney genre would... Read more »

Jennifer Isaksen
Jennifer Isaksen answered on Jan 5, 2018

The corporation should have Bylaws in place that would dictate the ownership rights and interests. The subject property would be distributed according to the provisions of the Bylaws. If the corporation was an informal family operation done on a handshake (ie, there are no Bylaws), then a probate... Read more »

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2 Answers | Asked in Foreclosure for Florida on
Q: What do I need to do to stop a foreclosure that's already in progress?
Jennifer Isaksen
Jennifer Isaksen answered on Jan 5, 2018

I agree with my colleague, only to add that the earlier you retain legal counsel in the process, the more options you will have available to you for resolution. If you have just been served, you have 20 days to file an Answer. If the bank made any error or if there is something unusual about your... Read more »

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