If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry... View More

Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will... View More

The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More

A home purchased during the marriage is typically considered marital property subject to equitable distribution, regardless of whose name is on the deed. The percentage you are entitled to receive is determined during the divorce process based on various factors. If your husband made mortgage... View More

Whether you are entitled to half the proceeds from a house bought during your marriage, even if you are not on the deed, depends heavily on the laws of your specific state.

Some states are "community property" states. In these states, assets acquired during the marriage are... View More

Are You Entitled to Half the Proceeds? Yes, generally—If the home was purchased during the marriage with marital funds, it is a marital asset, and you likely have a claim to half of the equity. However, if your husband purchased the house with non-marital funds (such as an inheritance) and can... View More

Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida... View More

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answered on Mar 17, 2025

Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More

It depends on what owner records you are trying to update and if you are the owner on the deed. More information is needed to provide you advice. Generally, in the community association industry, family members attempt to update information for elderly parents or other relatives and the HOA and... View More

In order to get the property into your name, you will need to file for probate. If the house is the only asset of your mother, you can file for summary administration and establish the property as her homestead. The property will then transfer to you and your brother. Last, he will need to sign a... View More

I am sorry for your loss on the passing of your mom, please accept my condolences for you and your family at this sad time. When there is no Will, the Florida Intestate (without a Will) Statutes are applied. This basically means that assets go to the surviving spouse, if there is no spouse it goes... View More

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More

You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.

You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to... View More

An Enhanced Life Estate Deed (Ladybird Deed) is one option to accomplish your stated goal and will avoid probate, if that person predeceases you, that will be a problem, and you will probably end up right back in probate. While a Trust would cost more, it would also avoid probate and give you say... View More

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answered on Mar 10, 2025

A Lady Bird Deed (Enhanced Life Estate Deed) is a great way to avoid probate while keeping full control of your property during your lifetime. It allows you to name a beneficiary who will automatically inherit the home upon your passing, without the need for probate. You can sell, mortgage, or... View More

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answered on Mar 10, 2025

In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her... View More