Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

If you are going to litigate yourself, which is ill-advised, you need to familiarize yourself with the Florida Rules of Civil Procedure. Other than telling you judges can only hear cases based on a motion and a properly coordinated hearing with notice, we cannot give you specifics on how to... View More

Hi, the response to this question entirely depends on the language of the HOA's Declaration and any governing documents relating to alterations/improvements to the home. Some HOAs do not allow certain modifications, which may include affixing plywood to the windows of the home.

Getting help online doesn't cut it. Nobody should buy or sell Florida real estate without retaining a real estate attorney to help make sure everything is done correctly. Hire a lawyer.

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further... View More

This is not a question, its a statement. Please ask a question with facts.

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to... View More

Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal... View More

Of course its *possible*. The question is what sort of reduced sales price you are willing to accept, because you would be handing off a problem. I recommend that you do 2 things: hire a lawyer to proceed with a removal action and hire a commercial real estate agent to sell the property. I do not... View More

The eviction will take place in the name of the personal representative of the estate of the deceased. The personal representative has the authority to oversee the property of the estate and make financial decisions on behalf of the estate until the estate has been settled.

Schedule a free... View More

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

You realized that you were only buying the front house but didn't know that that house was in violation? Review your paperwork to see if the seller warranted the property to not be in violation of code. You also may have a viable claim against your realtor.

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

You and your neighbors can gather a big pot of money and go looking for a law firm to take up your cause.

In order to adequately protect yourself, you will need to secure the repayment against the property through a promissory note and security deed. It is the only legal way to ensure you are paid as scheduled. This will not only give you the ability to foreclose on the property if not paid as... View More

As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:

Document all... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Usually you move the Court to compel the party to answer the interrogatories. If an order issues and is not complied with, then you ask the Court to hold him in contempt.

It appears that the prospect of this solar company having the authority to place a lien on your house was a material fact that the seller had a legal duty to inform you about. If a seller fails to disclose a material fact during contract negotiations, then the buyer can sue for recision. This is... View More

You probably don't need some sort of specialist. You, your realtor, or agent should check with the zoning or building code office in your area.