same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?
If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... Read more »
My golf club didn't follow Florida statute 720.305, suspension of 1 year without interviewing me and was done in 3 days.
It depends on if your golf club is paid for with your annual HOA assessments or if it is operated independently. You would need to have an experienced association lawyer review your HOA documents if you are unsure. If you are sure it is paid for with your annual assessments and there is no... Read more »
I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »
It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.
Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.
You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.
My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?
There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.
And I need to send in his death certificate.
I hate to not give you a simple answer on this, but it depends on a number of factors. You should contact a "probate" attorney in your area. That's the type of attorney who deals with transfers of property due to the death of a person.
....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »
They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.
Developer-controlled HOAs will do or say anything because they are counting on you not... Read more »
I am very sorry for your loss on the passing of your husband, please accept my condolences. The answer to your question is maybe. You will want to get of the property deed and review it with the help of an attorney/probate, if the property was held as tenants by the entirety (husband and wife) the... Read more »
To make it possible for this person to either refinance or sell home after my passing.
You will want and should speak with a Florida Estate Planning Attorney, just adding a relative to a deed can be problematic based on what you have described, you may want to discuss with an attorney the option to add the relative via an enhanced life estate deed (ladybird deed) instead as an... Read more »
I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:
1. There is a mortgage on the home with an escrow account. Is... Read more »
These are all good questions.
Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is... Read more »
I owned 2 commercial condos.
I was going to rent one and the HOA consulted an attorney without my knowledge and wanted me to pay fees.
I sold the unit in question and have an estoppel letter from the HOA for that unit.
I am now selling my 2nd unit and they have transferred... Read more »
It depends on the amount of the charge and the language in the condo documents as to whether or not they can demand legal fees pre-litigation. Some documents do provide the association is entitled to pre-litigation fees. It would not be a case of slander of title unless an actual lien was filed.... Read more »
and the other group revive the covenants and put their name on them and make them, and make them mandatory so the property owners have to pay them? This is with out votes...
It depends on what you mean by "group?" Revitalization is a very technical process and there must be a vote with a majority of the homeowners approving revitalization. If the revitalization was sent to the Dept. of Economic Opportunity (DEO) and obtained a confirmation, the homeowners... Read more »
E.g. FL Gen Warranty Deed: my name/grantor, son/grantee, $?, etc. So new deed would read me and/or son so it's easier for son to inherent when I'm deceased...? Then we do the same with husband's deed so husband and/or son owns property together. As both husband and wife want to... Read more »
The simplest way is Quitclaim deeds. But if these are single family homes, I'd highly recommend warranty deeds and paying for title insurance. Otherwise, your quitclaim deeds will invalidate title insurance you have today. And title insurance is important in FL. Boundary disputes, for... Read more »
Lease states any extended time for return, new owner states Florida law allows them 30 days to return security. I have read estoppel is last word and needs to be followed?
Florida law does provide 30 days to return a security deposit. If you are the tenant the problem you will have is you are not a party to the estoppel and it is very likely the buyer has not seen the estoppel. Even if the court were to grant you standing to enforce the estoppel, by the time you... Read more »
Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,
Maybe. You should contact a personal injury attorney in your area.
I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half
As long as your landlord owns the house or apartment you reside in they get to control who gets to live there--not you.
The issue is NOT whether you can afford the rent yourself; nor does it matter how long your girlfriend has been there. The issue is a legal issue that can only be solved... Read more »
I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half
The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can... Read more »
her husband was alive
he passed away 2 days ago. now have my mother's will leaving me everything. I and her husband got along so he continued to stay but I was paying the mortgage. ok, now that he has passed I hear talk of his kids wanting my mother's house she is not their mom.... Read more »
I am sorry for your loss, please accept my condolences. You have a few issues going on here and they will likely have to be addressed one at a time. You will want to get a copy of the property deed and have it reviewed based on how title to the property was held. If the property was homestead, then... Read more »
mortgage lenders were handing out loans to anyone who asked for one. I moved to Michigan in 2009. *I am on the deed*. The house is listed in both of our names and therefore is affecting my credit and debt to income ratio. This person made many severely late payments (90 days+) and was delinquent... Read more »
It is important to know whether you are also on a deed. If yes, then you own the home. You can ask the co-owner to sell the property. In today's market, it will likely cover the mortgage, and you will have net proceeds to split. If s/he refuses, then you can force a sale but it will require... Read more »
The contract states that I would pay all back due mortage which we did
House was not livable so we have for last 2 years been renovating the property , we have invested a large sum and mortage payments have been made directly to the mortage co
The contract also states that he would... Read more »
It sounds like you are being treated as a tenant. You'll need to file suit called Declaratory Action to ascertain your rights under this "mortgage." Was your mortgage recorded? Do you know if there are any other liens filed against the property? Do you know if it was sold to a good... Read more »
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