Yes, this would be called a Partition Action", I would encourage you to try to avoid this costly undertaking and find common ground and agreement with your sibling via a buyout/refinance or agreed upon sale and to avoid the Partition Action, if this is not possible, then a force sale or... View More

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida... View More

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answered on Jul 18, 2023

Initially hire a GA attorney to investigate the real properties. At least a title search is required, possibly looking at a probate file or other Court records. If no will, then probably Father's heirs own property, which may include you. Determine heirship and thus owners as tenants in... View More

All of those are official records, so, yes, they must allow you to inspect those records if they were included in your request. Generally, an association does not have to generate any reports they do not use in the normal course of business but they do have to keep the receipts and invoices for... View More

If you held the title as tenants in common with your ex-husband, his children are entitled to half of the proceeds from the sale, if they are his only heirs. However, the divorce decree may have a provision in it relating to the disposition of the real estate which could affect how the title to the... View More

I am very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this sad and difficult time. Based on what was done and what needs to be done you should speak with a Florida Probate Attorney, it will also depend on who survived your... View More

The Clerk of Court in the county where you reside or own property maintains an online lien database. Go to the website and search the records to determine if there is a lien that is still active. You can also hire an attorney or title company to do a lien search if you can't figure it out.

Your name cannot be removed from a deed without your signature. If your ex-husband forged your signature on a deed removing you from title, you can challenge that now to prevent the sale, or in the alternative, receive half of the proceeds of the sale. Schedule a free consultation to have the deed... View More

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answered on Jul 11, 2023

You are not the owner of the property, so yes, the owner can refuse to allow your inspector access. If an agreed purchase contract is entered into, then make sure you have pre closing inspection rights.

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answered on Aug 4, 2023

When a property is held as Joint Tenants with Rights of Survivorship (JTROS), or as Tenants By the Entirety (TBE), the property passes to the surviving tenant. Once the first of your parents passed away, the property passed by operation of law to the other surviving spouse. Thus, the probate... View More

No one should buy, sell or rent real estate without a lawyer representing them. Whether or not you or the buyer can cancel the contract depends on the terms of the contract, which we cannot review in this online forum. Have your lawyer review the contract and advise you or, if you don't have... View More

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More

If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).

The long-term capital gain you realize (difference between what you paid for the... View More

Your interest in the Puerto Rican property would go to your heirs as specified in your will. An ancillary probate proceeding may have to be instituted in Puerto Rico.

No, Normally you can't get a refund of your deposit. You signed the lease and paid the deposit; the deposit is for the purpose of protecting the landlord if you change your mind.

The Estate itself can ensure the property. You may want the assistance of an experienced probate/trust administration attorney to guide you. Good luck!

Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More