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My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More 
Florida Statute 720.303(3) says, “A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.” Our HOA Board feels that a summary of votes is sufficient, but I know that “all” refers to the entire group as a whole,... View More
answered on Nov 28, 2023
If the vote is unanimous for or against it is sufficient, in my opinion, to say the vote was unanimous. If you are a board member, this is a question for your association attorney and not for questions posed to strangers in an internet forum, even if they are lawyers. Your fiduciary duty is to... View More
My mother and stepfather divorced about 10 years ago but still stayes together. About two years ago, he used his money to buy a house and put it solely in my mothers name. My stepfather is emotionally abusive and threatens to kick my mom out of the house which causes her to panic because she thinks... View More
answered on Nov 28, 2023
In Florida, if the deed is only in your mother's name and she is unmarried then she owns the house. You do not mention whether there is a mortgage and if so, whose name is on the mortgage. Assuming that there are no encumbrances (mortgages or other liens) then your mother can sell the house if... View More
Can the Board Schedule [FOR SEVERAL DAYS] a Voting on Amending the Declaration of Restrictions in Order Garner THE TWO -THIRDS MAJORITY of the Lot Owners Required TO APPROVE of the Amendment Even Though the BYLAWS SPECIFY THAT ALL MEETINGS MUST FOLLOW ROBERTS RULE ??
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answered on Nov 30, 2023
In Florida, homeowner association (HOA) boards must adhere to the governing documents of the association, which typically include the bylaws and the declaration of restrictions. If the bylaws of your HOA specify that all meetings must follow Robert's Rules of Order, then this procedure should... View More
Deciding if I would contest my mother’s Will, I recieved advise from an attorney who told me to have a title search done. The title search company said the 2013 title to my mom’s home proceeded the Life estate Deed and I was co-owner, as I have hoped. I decided not to contest because the Will... View More
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answered on Nov 25, 2023
The title company merely reviews the record. They do not opine on validity of documents that have been recorded. It sounds like the other side's estate's attorney was making a claim or an allegation that the deed was not valid. You could have/should have retained your own counsel to... View More
Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.
answered on Nov 26, 2023
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a... View More
My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?
answered on Nov 24, 2023
Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what... View More
I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.
answered on Nov 24, 2023
For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More
Past week of the contact we are told that the budget proposal will take place on our closing date and the hoa fee will be 570. Our broker is telling us that legally we are not able to exit the contact. What do we do
answered on Nov 22, 2023
Your dad will need to consult with a real estate lawyer to review the contract. The broker cannot give legal advice and the broker's interest is in making the commission, not getting your dad out of a sale. No one should buy, sell or lease real estate without a lawyer to review the documents... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.
Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More
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answered on Dec 3, 2023
I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More
answered on Nov 19, 2023
You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More
I can't transition this timeshare with a "cloud" I don't know where to go to find out what to do.
This is a week of timeshare I am trying to give back to Diamond Resorts which is now owned by Hilton Grand Vacations. They won't accept the transition with a cloud on... View More
answered on Nov 17, 2023
A cloud on title is some sort of claim or imperfection in the documentation (normally a deed) by which you own the property. If the description in your deed is incomplete, you probably need to get it corrected. Confer with an attorney for more specific information.
deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?
answered on Nov 14, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
answered on Nov 11, 2023
If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More
The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.
She was at the closing as a “friend” of the buyer.
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answered on Nov 6, 2023
You are not clear about who the remainderman is. But you can probably sue to set aside the
Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.
I live in ny.
Deed is written in his name OR mine
He’s 75 years old
answered on Nov 6, 2023
It depends on what your divorce papers stated upon your divorce and whether the home has homestead protection. Usually, a home of this type as a primary residence in the State of Florida is deemed homestead and protected and not subject to nursing home/Medicaid and the like.
We closed on October 23rd. Now we get a letter saying they are underfunded by 200,000 and want to double the HOA fees. This comes as a huge shock. We thought we did everything right. Is there any legal recourse we can take besides selling it?
answered on Nov 5, 2023
Your question has nothing to do with Florida law. Youi need to consult with an attorney licensed in Ohio to review the pertinent documents and see if the HOA can get away with it.
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
a motion to dismiss need to be filed with the court first? thank you
answered on Oct 24, 2023
The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.
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