Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am the personal representative named in the will. The will was admitted to probate and a summary administration order was entered in 2023. There was never anything in the "estate" - except the house, which is a homestead property. The reason probate was required was to have the court... View More 
answered on Sep 17, 2024
As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:
Document all... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More
And a mother in law apt in back. Aka a converted garage. After we purchased the property we found out they had separated the property into two parcels and only sold us the front house. Now both parcels are non-compliant. What can we do?
answered on Sep 11, 2024
You realized that you were only buying the front house but didn't know that that house was in violation? Review your paperwork to see if the seller warranted the property to not be in violation of code. You also may have a viable claim against your realtor.
answered on Sep 7, 2024
I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More
I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.
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answered on Sep 2, 2024
Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.
i. Warranty Deed: Provides the highest level of protection,... View More
My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More
answered on Aug 30, 2024
The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More
I am in the mist of buying a house Cash in Polk County, FL. The house is $322k. I am to close on the property Sep. 2nd. However, 4 days ago, I was made aware that the house has solar panels that are leased to own. The balance remaining is $54k to be paid at $143.66 a month. The realtors on both... View More
answered on Aug 21, 2024
It appears that the prospect of this solar company having the authority to place a lien on your house was a material fact that the seller had a legal duty to inform you about. If a seller fails to disclose a material fact during contract negotiations, then the buyer can sue for recision. This is... View More
I am in the mist of buying a house Cash in Polk County, FL. The house is $322k. I am to close on the property Sep. 2nd. However, 4 days ago, I was made aware that the house has solar panels that are leased to own. The balance remaining is $54k to be paid at $143.66 a month. The realtors on both... View More
answered on Aug 25, 2024
The solar panels constitute a lien on the property that should have been disclosed up front or showed up on the title/lien search. Your realtor should have put this provison in Section 20 of your contract: "seller shall close out any open, expired ,cancelled or revoked permits and satisfy... View More
Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.
answered on Aug 19, 2024
The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.
Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More
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answered on Aug 19, 2024
Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.
this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.
answered on Sep 6, 2024
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More
No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property
No appraisal since 8 years ago.
I have been caretaking the property for the last 3 years.
answered on Sep 5, 2024
A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More
given during closing. The title company, removed my name and filed the 1st page without my name, using the original 2nd page that was signed and notarized.
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answered on Aug 6, 2024
Hire a FL attorney to sue for Reforming A Deed now. Hopefully you have a copy of the original correct deed prior to it being recorded fraudulently. It is possible it was a title co. mistake, but in any case, hire a lawyer to search the title and file suit while representing you.
When I purchased my property over 20 years ago I was not given a legal easement. The owner of the property surrounding my property has now decided they no longer want to allow access to my property and chases anyone who enters the property away Is there any legal recourse I can seek to force the... View More
answered on Jul 14, 2024
It appears that you would have what is called an easement by implication or by necessity. So no, the person who sold you your land doesn't have the right to refuse access and you could probably bring a successful lawsuit to establish your right to access your property.
With further clarification of my question, my major concern is of the assessment. The maintenance increase, should have still been at least disclosed, in an act of integrity as the Seller is the president of the board. The condo rider stated no pending assessments, which I believe was untrue, as... View More
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answered on Jul 12, 2024
Purchasing a condo means you accept those kind of monthly fees, or lose it. It does not sound like you could prove those fees were pending at sale. But in any event a fraud suit will not work as you have no damages and you probably want to continue living there.
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More
Florida statute 718.112 says 10% of the voting interest can call a special meeting to remove a board member. Would this be instead of the writing agreement? Who will approve or deny the request?
answered on Jun 24, 2024
The 10% threshhold is simply to call a special meeting. You still need to ensure that a quorum attends the meeting and that a majority of those voting votes in favor of removing the board member (unless your HOA by-laws required a super-majority).
I was coerced into signing deed to my home and am doing all I can do to correct this . I noticed certificate was backdated a year and a day prior to me signing . Notary withheld first page of deed that indicated it was a deed . I was made to believe I was giving permission to do a title search on... View More
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answered on Jun 24, 2024
Notary is an acknowledgement on a deed, so it is often placed after execution. If notary of your signature is before your signing, then hire a TN attorney to set aside the deed. There are probably some other pertinent facts here though.
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