If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the... View More

You did not ask a question, but I assume your question would be, "Is there something I can do"? The first thing to do is to demand what you had arranged/expected to happen. If your demand is not met, pick up the phone to schedule a consultation with an attorney in your area handling... View More

In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

The annotation of the mortgage is a stated exception to an otherwise clear title, but all other encumbrances are warranted against. That is proper, but apparently being a special warranty deed some of the normal four covenants of title are not made in that instrument.

Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2023

Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More

Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").

That statute requires that he make... View More

Not very easily. A probate will need to be done and the property will go to the person mentioned in a Will or Trust, as designated on the deed or via Florida Intestate Statutes (without a Will), so, unless they are specifically mentioned and unless they meet the lengthy adverse possession... View More

Most HOA documents have restrictions against signs except for "for sale" or "for rent" signs. Check your Declaration of Covenants, Conditions and Restrictions to see if they have such a provision. You probably are required to submit an application before making any changes to... View More

If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More

You should consult with an attorney experienced in representing homeowners against their HOAs. There are several different defenses to this claim based on the language of the governing documents. Also, there are DBPR opinions on this issue finding a dog not to be a nuisance depending on the... View More

Yes, this would be called a Partition Action", I would encourage you to try to avoid this costly undertaking and find common ground and agreement with your sibling via a buyout/refinance or agreed upon sale and to avoid the Partition Action, if this is not possible, then a force sale or... View More

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

Initially hire a GA attorney to investigate the real properties. At least a title search is required, possibly looking at a probate file or other Court records. If no will, then probably Father's heirs own property, which may include you. Determine heirship and thus owners as tenants in... View More

All of those are official records, so, yes, they must allow you to inspect those records if they were included in your request. Generally, an association does not have to generate any reports they do not use in the normal course of business but they do have to keep the receipts and invoices for... View More

I am very sorry for your loss and please accept my condolences on the passing of your husband. It depends on a number of issues, what did divorce say, what does the deed say, was there a Will or Trust and were they drafted before or after the divorce. There are a lot of factors that come into play... View More

Also, if probate has not been filed for your ex-husband, you will not be able to sell the property. If you held the property as joint tenants with right of survivorship with your ex-husband, you will owe his children nothing, as the property transferred to you fully upon your ex-husband's death.