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In Florida if a mother (alive), father (deceased), and daughter (alive) own a condo with each having 1/3 share, does the daughters husband have any claim to this property?
If so, can the daughter donate her 1/3rd share back to the mother without issue from her husband or does he have any... View More 
answered on Aug 1, 2022
Yes, her share is probably a marital asset and should be considered as such in a divorce. And yes, if the daughter attempts to convey her share to her mother, she might want to ask her husband to sign the deed by which the daughter's share is conveyed.
I am a California businessman who is conducting business in other states as well. I have an LLC in Florida and it owns two lots. Today, I realized that the lots have been listed for sale 40 days ago without my knowledge. I contacted the listing agent. He told me that his client is a land firm and... View More
answered on Jul 29, 2022
You can report it to the authorities, but it doesn't appear that it would be worth your while to "pursue legal action" (i.e.: file a civil suit); you have not suffered any serious damages.
My Dad’s “daughter” downloaded some generic General POA form for my Dad January 31 2011 and he was suffering from dementia & a brain aneurysm 10yrs prior. I finally got a copy and it shows him as the Principal ( all her writings not his, including writing his name ) and he also signed... View More
answered on Jul 28, 2022
No, Florida law (and Florida Statute 709.2105 in particular) requires that powers of attorney have two witnesses. Clearly the principal cannot be the witness to his own POA.
How was it "upgraded" to a durable POA in 2021? Did he again sign it, were there again two witnesses,... View More
We have the final walkthrough on a new construction home this evening and were told we'd receive the keys. We received an email from the builder stating they must raise the price of the home $25k and receive the money before issuing the CO. When we spoke on the phone, they told us it... View More
answered on Jul 26, 2022
No, the contract doesn't need such a clause to be enforceable. Talk to the building department regarding a certificate of occupancy.
We understand the Garn St Germaine Act of 1982 protects consumers from having onerous terms put on them when inheriting a mortgage. Our mother had Alzheimer's so I have been making the payments on time every month, never missed a payment. The property, still in probate, will be inherited... View More
answered on Jul 25, 2022
Requiring the heirs to refinance the mortgage is not placing onerous terms on the heirs. The mortgage company has every right to require someone with a mortgage to meet the financial requirements to hold a mortgage. If you can make the payments, get the mortgage refinanced in your name. You should... View More
My brother in laws house was foreclosed on, prior to this the mortgage company stopped cashing the payment checks (for five months) He was allowing a family member to stay in the house, and they paid $500 per month. As they didn’t have a checking account I sent the checks for them to the... View More
answered on Jul 23, 2022
You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"... View More
Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... View More
answered on Jul 22, 2022
Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... View More
I am getting a new survey and nobody will look at old survey. The fence is on my property then connects with the neighbors. And every time I unhook the fence he will hook it back up on my property. The neighbor has owned the property for three years. And I have wrote him letters and told him to... View More
answered on Jul 21, 2022
Is it your fence or did the previous owner of the neighbor's property place the fence on your property. If you own the fence and he is refusing to remove his fence from your fence then you will need to consult with a real estate lawyer to send him a letter. If that doesn't work you may... View More
answered on Jul 19, 2022
Only if it is required by the HOA documents, which we cannot review in this online forum. By law homeowners have a right to attend meetings but not a duty. Based on the wording in your post though, it appears you have received a notice a hearing regarding a violation rather than a board meeting... View More
say his bioligical kids get everything, what are our rights when they sell the house? Do we get part of the earnings
answered on Jul 16, 2022
You and your siblings divide half the value of her estate. Your step-siblings divide the other half. You should see an attorney who practices probate.
my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... View More
answered on Jul 15, 2022
This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... View More
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answered on Jul 13, 2022
Yes, you need a real estate litigator for that.
Partition implies the other owner does not want to sell. Usually partition is used when you cannot ascertain the other owner and need to move on with disposing of the property. Partition with both owners present does not make much sense... View More
I have a lease start in jun 2020 and i leave in second floor making difficult to go up the stairs.Wen i got at my door I am almost sufocated my blod presure is very hi and I am deasy
answered on Jul 13, 2022
No. If you agreed to the terms of the lease and signed it, you are bound thereby. I suggest you try to find someone else to lease the place.
Original articles of incorporation, created 20 years ago by the developer, allowed non-owners and non-residents to serve on the board. In early 2022, the articles were changed to require members to be owners. Do the original or revised articles apply to a board member elected before the revision... View More
answered on Jul 13, 2022
It depends on how the language was drafted, which we obviously cannot read in this online forum. If it states the candidate must be an owner, there is nothing that would require his/her resignation prior to the end of the term. If the language states the board member must be an owner during their... View More
Her share was an inheritance. Her Aunt manages the property and has been renting it since 2013. Is my stepdaughter entitled to any of that income? Can she sell her share of the property?
answered on Jul 12, 2022
Either party can sure the other for "partition", normally a sale of the house and a division of the proceeds. Other credits and debits, including the rent received, expenses of maintenance, etc. would be considered in dividing the sale proceeds.
I received a document with this title and I don’t know what it means.
answered on Jul 12, 2022
An online translation tool yields the following: "motion requesting order to summon by edict and authorization to question by edict?" Apparently, someone wants a summons issued and an order authorizing discovery.
My parents bought the home in 1979. My late dad had an IRS debt from when I was a kid and was worried the IRS would get the house. My dad had an IRS agent that was a jerk and threatened to take the house. So my dad put the house in my older brothers name, which is the same as his, one is a Sr.... View More
answered on Jul 12, 2022
If payments stop, the lender will eventually file a foreclosure and everyone who has a legal interest in the property will be named in the foreclosure suit. If it goes to judgment, The house will be sold at auction. If someone else buys the property, it will be to the buyer to allow the occupants... View More
Long story short, I just wanted them out. So when I filed, I wasn't asking for any damages, although there is in excess of $6K damages and I have $2K deposit. They retained an attorney, which I have nothing but over whelming proof to support my petition. They are asking the courts for money... View More
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answered on Jul 10, 2022
I would not "laugh" at their defense, I would take it seriously because landlord / tenant disputes may have attorney fees attached if their position prevails. If a lawyer filed a counter-claim, I would assume it is not frivolous, and they are not knowingly wasting money on a losing case.... View More
answered on Jul 7, 2022
You do not mention the relationship of the sellers. If the parties are married then the property can be divided pursuant to a divorce action. If the parties are not married then you would need to pursue the Puerto Rican equivalent of a partition action. All of the above is based on Florida law. You... View More
My grand mother wants to buy a property in Florida and put my name on the title and have a joint tenancy if possible. She also said maybe it's better if the title is in my name and she has a life estate instead. She basically wants to know what's the best way to go about buying the... View More
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answered on Jul 6, 2022
Great question and what a great problem to deal with!
One key component to many Estate Plans is creditor avoidance. Fortunately, there are several alternatives available to both of you, some of which require specific language to be included in the deed. In addition to Estate Planning... View More
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