Get free answers to your Real Estate Law legal questions from lawyers in your area.
My parents and I were joint tenants with rights of survivorship. They have both passed away, but my mother's death was never recorded (she died a few years ago). I am not sure how to proceed. Can they both be named as decedents in the affidavit of survivorship?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023
When a property is held as Joint Tenants with Rights of Survivorship (JTROS), or as Tenants By the Entirety (TBE), the property passes to the surviving tenant. Once the first of your parents passed away, the property passed by operation of law to the other surviving spouse. Thus, the probate... View More 
I am the seller. The buyer is asking me to assign the case to them. I said no... So what is next? Cancel the contract?
answered on Jul 8, 2023
No one should buy, sell or rent real estate without a lawyer representing them. Whether or not you or the buyer can cancel the contract depends on the terms of the contract, which we cannot review in this online forum. Have your lawyer review the contract and advise you or, if you don't have... View More
They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More
answered on Jul 6, 2023
Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More
answered on Jul 4, 2023
Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More
answered on Jul 2, 2023
You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More
My brother lives in Puerto Rico. What happens if I die? Who will the property go to. Will my children be able to inherit my half?
answered on Jun 30, 2023
Your interest in the Puerto Rican property would go to your heirs as specified in your will. An ancillary probate proceeding may have to be instituted in Puerto Rico.
Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?
answered on Jun 30, 2023
If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).
The long-term capital gain you realize (difference between what you paid for the... View More
I assigned the lease agreement and already paid my deposit, but had an emergency and I can’t move anymore. Can I bring my deposit back? I don’t move in yet I just paid and assigned the lease.
answered on Jun 30, 2023
No, Normally you can't get a refund of your deposit. You signed the lease and paid the deposit; the deposit is for the purpose of protecting the landlord if you change your mind.
I was told by the agent that I needed to send the death certificate and a copy of the will showing me as the executor. I did this weeks ago and then received a renewal bill in the mail from the company not showing any change to my father's name on the policy. The current policy which I paid in... View More
answered on Jun 29, 2023
The Estate itself can ensure the property. You may want the assistance of an experienced probate/trust administration attorney to guide you. Good luck!
My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More
answered on Jun 29, 2023
Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More
the one sold the house for 5000 dollars to a Swindler but the one still living in the home never signed nothing and the swindler now put his wife on the deed
answered on Jun 19, 2023
If someone is not on the deed, they cannon sell anything because they don't have anything to sell. If they attempted to sell the house, it would be fraud. If the person did own a one-half interest in the property, they could sell their one-half interest to someone else. If the house was sold... View More
My legal will in Louisiana includes property in Puerto Rico. MY will clearly states who that property should be transferred to in case of my passing away. The person is not related to me by blood. I have no blood relatives except for a daughter of an adopted niece - my niece having passed away. Is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023
Yes, as long as it is a valid will in LA where it was prepared and signed.
6 moths went by before they even cleared the lot. They said because the stem wall was not in place before 6 months they could cancel the contract unless I agreed to spending an additional $30k and forced me to sign a new contract. They switched floor plans and cabinets in the home after repeatedly... View More
answered on Jun 16, 2023
A lot of legal rights and remedies that you most likely had have been waived by your subsequent actions.
You should take your contracts to an attorney who practices consumer law in or near the county where you live. But I fear your best option in this situation is to sell the home and buy... View More
What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2023
You have to be careful how you terminate the contract with the initial general contractor. Construction/lien laws are pretty strict. I bet this GC will claim he is owed money too. I'd highly recommend retaining a lawyer in order to move on to the new builder. In fact, some builders may not... View More
It has leaked in this location before and I had it repaired before closing. I included this info with my owners disclosure. I can get the roofer to come back because he guaranteed his work. But I'm not sure if I am required to report this to anyone or not. I'm not trying to hide... View More
answered on Jun 15, 2023
The contract controls the required disclosures. However, generally, any known defects must be disclosed to the buyer including those arising after the contract. Regarding repairs, the seller bears the burden of repair up until closing, so you will need to do the repair or report it to your... View More
circuit court
answered on Jun 13, 2023
Service must be completed within 120 days from the date you file the complaint. If service cannot be completed you have to have a legitimate legal reason why (defendant's address unknown) and request an extension of time to complete service before the 120 days expire.
We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More
answered on Jun 13, 2023
After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More
my brother was supposed to pay the light bill and i pay the lease to own of said property @ $300 then we both pay the property taxes. well he got a settlement and moved out of property well the property is in both of our names he has not put no money in property, i have put new windows removed all... View More
answered on Jun 10, 2023
This answer is based on Florida law and assumes that your property is in Florida. You can file a lawsuit called Partition which will end one of three ways. 1, you keep the property and buy your brother out. 2. your brother keeps the property and buys you out. 3. the property is sold and the two of... View More
I purchased a lot with a shed on it which I believe was part of the sale. A rental company called me and said they need access to the property to get the shed. I wasn't informed it was not included with the property nor was I told it was a rental. Now the previous owners and the shed rental... View More
answered on Jun 10, 2023
Unless the shed is permanently bolted on a concrete slab or permanently affixed to the real estate in some other way, it is personal property and title to it would not transfer to you at the time of sale. Typically, the shed company files a UCC financing statement when the shed is considered... View More
Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More
answered on Jun 9, 2023
Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
