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

If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... 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

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

May your brother rest in eternal peace. I am very sorry for your loss. The ability for your brother's adult daughter to remain in the condo likely depends on the specific terms of the condominium association's governing documents, such as the Declaration of Condominium, the Bylaws, and... View More

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family at this sad and difficult time. If the property did not transfer via deed upon death, then it is likely that some version of probate will be needed and consulting with a probate... View More

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

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

If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... 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.

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

Cesar Mejia Duenas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.

i. Warranty Deed: Provides the highest level of protection,... View More

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

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

The solar panels constitute a lien on the property that should have been disclosed up front or showed up on the title/lien search. Your realtor should have put this provison in Section 20 of your contract: "seller shall close out any open, expired ,cancelled or revoked permits and satisfy... View More

The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More

A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More