Get free answers to your Real Estate Law legal questions from lawyers in your area.
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... View More 
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More
answered on May 3, 2023
While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... View More
answered on May 3, 2023
If you are going to buy or sell real estate you should consult with and hire a real estate lawyer. They can make sure the proper paperwork is completed to protect you in these types of situations plus look out for many other issues that might be a problem.
I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... View More
answered on May 2, 2023
In general, the trustees, not the beneficiaries, decide how to administer the trust, including the making pf decisions such as where the trust funds are deposited.
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... View More
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... View More
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... View More
Several City Departments working hand in hand with rich real estate developers at the expense of working class by not applying their own laws and ordinances for the former. We have proof of several violations and refusal to act. Willfully unadressed violations so far include Illegal tear down of... View More
answered on Apr 27, 2023
It's more of a political question than a legal one. Run for office or support a candidate with whom you agree on these issues.
My friend is cash poor and really needs the money from the sale of these properties. Her brother refuses to sell because he wants to leave the properties to his son. My friend has a medical condition and needs the money for insurance, medications and the like. She can't cover basic living... View More
answered on Apr 22, 2023
Yes, your friend can sue for "partition" of the property. It would be sold, and the proceeds distributed to the owners.
Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023
From my NY perspective, it seems that if you did not accept the original offer and sign the original agreement before they changed the offer and asked you to sign a different agreement, it's up to them whether to honor the original deal. But I see no legal requirement that they do so.
I am a new member of the Board of Directors for my HOA. In the certification course for new directors, we were told that architectural reviews must be conducted in public meetings just like Board meetings. However, members of our Board who have been members for years say that our association's... View More
answered on Apr 14, 2023
Architectural reviews are required to be discussed and approved at open meetings if the committee has final say. If the board is reviewing them they need to be reviewed at board meetings. While your documents could possibly provide for a different method, unless your documents are really old,... View More
This is for Florida
answered on Apr 14, 2023
For sellers, the existing brokerage relationship would need to be terminated with the Modification to Listing Agreement (MLA-5x) form. The seller would then need to sign an Exclusive Right of Sale Listing Agreement with the new agent. For buyers, you can write to your agent letting them know that... View More
Or will he be able to put in a irrevocable trust in his name only we not married ??
answered on Apr 12, 2023
You each own a one-half interest in the whole property. He will need your consent to sell the property. If he wants to sell it and you do not, he can force the sale through a partition action in court. He and you will need an attorney for that. He can only put his one-half interest in the trust... View More
Most of the units are used as vacation homes so one permit is not a problem. There are a few spaces reserved for guests. This is my primary residence and I own three cars. There was nothing in the condo declaration or rules and regulations and by-laws pertaining to parking or vehicle ownership. Is... View More
answered on Apr 12, 2023
Without reading the condo documents, which we cannot do in this online forum, my experienced guess would be "yes." Condominiums have limited parking and generally do not have the ability to create additional parking spaces. The general rule is, if it serves a legitimate business need,... View More
Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??
answered on Apr 12, 2023
You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as... View More
answered on Apr 11, 2023
Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... View More
My partner inherited land in Puerto Rico. We confirmed it with ARPE/OGPE but CRIM shows the land under another property owner. The house was registered under the now-deceased family member in Bayamon. ARPE as well as CRIM are asking for the segregation of property but the other property owner... View More
answered on Apr 11, 2023
Contact a title insurance company to do a title search.
How can I cancel and get my money back back.
answered on Apr 9, 2023
One needs to thoroughly examine the contract to see if it contains and contingencies that you cannot satisfy.
answered on Apr 7, 2023
When you place a property into an LLC, the LLC holds title and the title reflects the name of the LLC. For example, John Smith owns 123 Main Street as an investment. To shield himself from liability, John forms ABC, LLC to hold the property. John then signs a deed from himself to ABC, LLC. Title is... View More
Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that... View More
answered on Apr 3, 2023
It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it... View More
I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023
I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... 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.
