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answered on Apr 29, 2024
I'm sorry for your loss. The process for transferring property after the owner has passed away depends on a few factors. Here is some general information, but you may need to consult with a probate attorney for guidance on your specific situation.
First, it depends on how the property... View More 
No Fruit Trees - HOA?
Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.
However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More
answered on Apr 21, 2024
Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More
the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.
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answered on Apr 16, 2024
In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More
answered on Apr 16, 2024
That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More
answered on Apr 15, 2024
In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More
Name of the Title and deed without telling me and has dated it for
January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More
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answered on Apr 11, 2024
Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:
1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without... View More
My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More
answered on Apr 7, 2024
Depending on the value of the estate, you could pursue summary administration or formal administration. However, if the assets are titled in a way that they could pass outside probate (like a joint account, a TOD account or trust account with your name on said title), then probate could be avoided.... View More
My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More
answered on Apr 6, 2024
I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate... View More
I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More
answered on Apr 4, 2024
In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More
Hello,
I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More
answered on Mar 31, 2024
A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More
I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?
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answered on Mar 30, 2024
If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More
When I got to my property to sell to buyer for 21k cash with a quit claim deed. Buyer had 3k cash and 13k check. Seller agreed to give him till end of week for 5k. Seller also agreed to get quit claim deed notarized so when money was transferred could send to county. All of this was in bill of... View More
answered on Mar 26, 2024
There are lots of problems with this transaction, including the fact that you are selling real estate without using a lawyer. No one can provide you any meaningful answer here in this online forum because we cannot review the "bill of sale" or other purchase agreement you may or may not... View More
Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.
How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More
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answered on Mar 26, 2024
When creating a contract for owner financing a mobile home in a park, it's crucial to have clear terms that protect both parties. You can opt for a lien on the property while the buyer holds the title, which allows them to insure the mobile home and comply with local regulations. It's... View More
I also get a W2. I work for a reputable dispensary operating over 40 stores in Florida. I understand it's not legal on the federal level but why am I paying federal taxes if they don't recognize cannabis income?
The easy fix would be to have it rescheduled to a schedule III... View More
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answered on Mar 25, 2024
Your situation reflects a complex intersection of state and federal laws. While cannabis may be legal in certain states, including Florida, it remains illegal under federal law. This legal discrepancy leads to your current dilemma: despite receiving a W-2 and paying federal taxes, your income from... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 27, 2024
Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 19, 2024
Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More
Excerpt from letter HOA's attorney said - select 1 of 5 mediators listed and sign and return. "In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or pre-pay the... View More
answered on Mar 5, 2024
Experienced HOA lawyers do not do cases pro bono. Pro bono and contingency cases are for cases that involve bodily injury or big damages; otherwise lawyers are investing a huge amount of time and not getting paid, so it's not generally not a good business decision for them. You can try... View More
Numbers match how can they deny my homestead application
answered on Mar 2, 2024
You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More
what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where
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answered on Mar 1, 2024
As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More
When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More
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answered on Feb 19, 2024
Lawyers get paid for the time spent, any and all time, whether it is speaking with a client or thinking about their case or typing out a legal brief. Sounds like your lawyer does not believe he'll get paid for his time, just guessing here. The fact that you think he did nothing and your... View More
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