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There was no spouse, no children, and no other heris. It was specifically given to me in a Will. I understand that I don't get homestead exemption from creditors. But, I wanted to know if the status of the homestead stays on the property itself, and if so, does that mean it's protected... View More 
answered on Jan 25, 2025
Since you are not an heir in accordance with Florida Statute, Homestead protection will not apply to you, see below:
Fla. Stat. 732.103 includes as “heirs” the following persons: descendants of the decedent, decedent’s father or mother, decedent’s brothers or sisters and their... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
answered on Jan 23, 2025
If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the... View More
When the cops came he tried arguing the two old ladies with dementia argeed he could build on their property instead of his own. In roughly 2 years it will be adverse possession(7 years by law here).
We struggled to come up with almost $1,000 in survey fees and have hundreds now for court... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
answered on Jan 24, 2025
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More
Buyers heirs failure to uphold contract, failure to pay property taxes, water bill connected to sellers utilities. Heirs trying to sell when contract states that buyer has to ask permission from seller to sell property.
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answered on Jan 20, 2025
Buyers own nothing but a contract. Owner has deeded title. Owner should sue for possession now against all occupants, keeping all rentals. Hire a FL lawyer today.
Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More
answered on Jan 18, 2025
The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.
You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time... View More
Property in Sarasota, Fl and will close in 45 days. This restriction has cause a 6' x 14' section of driveway to be omitted rendering my house to look different from the same houses in the community. Was told the driveway would be too close to the sidewalk. Plans were approved by builder... View More
answered on Jan 14, 2025
Generally, new statutes take affect July 1st of each year unless there is a special session. Generally, new statutes are not retroactive to apply to existing contracts unless they state they are passed as a matter of public policy. There are exceptions to that rule but that is a very complex... View More
There is a drainage easement on this area and electric company has cables at far end of our property which they service but don’t affect us The utility company sunshine water brought diggers damaged our garden installed a 40 ft Anna without our permission Is that legal
answered on Jan 10, 2025
There's no way of telling in this online forum. If it's designated as a drainage and utility easement. A real estate lawyer would need to review your survey, the community plat and search for any easement documents. Generally, whenever an owner puts anything in an easement, the entity... View More
My son in laws mother is wanting him to sign over the deed to her even though he has to default on the loan because he cant afford it. She lives in the home with him and is a Moor, I have read they do mortgage fraud. She is not wanting to take the mortgage, just the
deed. What legal... View More
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answered on Jan 10, 2025
The conveyance would be another reason for default because of the due on sale term. Mother would take subject to the mortgage, and would not stop the foreclosure. She might be able to pay it off though. Fraud is not the issue, foreclosure is.
Because he put the "ugly side" facing my mother's fence, there is a jungle growing between the fence posts that is unreachable for maintenance. The grass is housing snakes and spiders and one pet has already been bitten several times. The area is unreachable and he refuses to move... View More
answered on Jan 10, 2025
Hire a pest control guy to kill the snakes. As long as the fence is not over the property line, there's not much you can do. Or mom can take down her fence, solving the problem of access and maintenance.
The note has since been charged off and no foreclosure has ever been pursued. The last payment was made December of 2015. What are our rights ? Ownership? What if we wanted to sell it?
answered on Jan 9, 2025
If the mortgage was secured against the property, you will have to pay off the loan balance to sell. If the property hasn't been foreclosed, you are still the owners. A title search will provide a clearer picture. Schedule a free consultation to discuss all of your options moving forward.
My dad is selling the house and he can sign but she can’t. I move them with me to Florida. We did a POA here when she was showing the symptoms. Can I use that POA and sign for her ? will be accepted in PR
answered on Jan 9, 2025
If the POA was properly prepared then it should be valid anywhere. Speak with a local real estate lawyer for more specific advice on the issue of selling a property with a POA..
Is that a legal notification?
I was a real estate broker, and agent, for a foreign corporation in Florida. I retired in August 2019 and would like to get rid of all the bank statements, leasing info, sales info and reports. I always understand I could shred after five years but I saw seven years recently. Please advise and... View More
My friend does not want to file a partition suit against her brother, but she and her two brothers are unable to maintain the properties. On two of the jointly-owned properties, there are homes that are unlivable. They are being charged $100 a day by code enforcement. She and one brother want to... View More
answered on Jan 7, 2025
The siblings can file a partition action for the sale of the property, but the sale will not eliminate liens, violations, or encumbrances. A forced sale of the properties via partition would likely result in the satisfaction of the code enforcement fines, as the proceeds from the sale would be... View More
I am attempting to avoid putting my personal info on the lease, my LLC has its own mailing and physical address, capable of receiving registered agent mail (i am my own agent).
Any help or advice appreciated. I am searching for a lawyer to help evict an individual that is on our property illegally. He is also on probation for burglary and grand larceny which may be helpful in establishing he has no credibility. Thank you for your time.
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answered on Jan 7, 2025
Hire a FL attorney to sue all occupants and that known individual for possession only.
What are the potential consequences for an individual who engages in harassment and threats against a long-time resident of a property, falsely claiming ownership and serving them with an unlawful detainer, despite being aware of their identity? In a scenario where the property was quitclaimed in... View More
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