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Florida Statute 720.303(3) says, “A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.” Our HOA Board feels that a summary of votes is sufficient, but I know that “all” refers to the entire group as a whole,... View More 
answered on Nov 28, 2023
If the vote is unanimous for or against it is sufficient, in my opinion, to say the vote was unanimous. If you are a board member, this is a question for your association attorney and not for questions posed to strangers in an internet forum, even if they are lawyers. Your fiduciary duty is to... View More
My mother and stepfather divorced about 10 years ago but still stayes together. About two years ago, he used his money to buy a house and put it solely in my mothers name. My stepfather is emotionally abusive and threatens to kick my mom out of the house which causes her to panic because she thinks... View More
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answered on Nov 28, 2023
In Florida, if the deed is only in your mother's name and she is unmarried then she owns the house. You do not mention whether there is a mortgage and if so, whose name is on the mortgage. Assuming that there are no encumbrances (mortgages or other liens) then your mother can sell the house if... View More
Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.
answered on Nov 26, 2023
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a... View More
Deciding if I would contest my mother’s Will, I recieved advise from an attorney who told me to have a title search done. The title search company said the 2013 title to my mom’s home proceeded the Life estate Deed and I was co-owner, as I have hoped. I decided not to contest because the Will... View More
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answered on Nov 25, 2023
The title company merely reviews the record. They do not opine on validity of documents that have been recorded. It sounds like the other side's estate's attorney was making a claim or an allegation that the deed was not valid. You could have/should have retained your own counsel to... View More
I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.
answered on Nov 24, 2023
For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More
My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?
answered on Nov 24, 2023
Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
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answered on Dec 3, 2023
Transferring assets from a deceased individual to another party can be a complicated undertaking. To safeguard against potential legal disputes in the future, it is advisable to seek legal counsel from a lawyer who can assist you throughout this intricate procedure. Furthermore, the lawyer can... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
answered on Nov 19, 2023
You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More
deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?
answered on Nov 14, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
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answered on Dec 3, 2023
Can you confirm whether your parents have created a Will or a Trust, ensuring that everyone is aware of the distribution of assets? If they have not done so, it appears that you will have to go through the probate process. It is advisable to consult a Probate lawyer who can assist you in resolving... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
answered on Nov 11, 2023
If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
answered on Oct 25, 2023
In a Ch. 7 bankruptcy, no lien is discharged (thanks to a US Supreme Court opinion in the Dewsnup case, despite Bankruptcy Code language to the contrary).
What is discharged, however, is an unsecured deficiency amount in the Mortgage indebtedness.
Some liens can be converted to... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Nov 4, 2023
If a mortgage was discharged in a previous bankruptcy and the home was later refinanced, the new mortgage is not covered by the previous discharge; it is a new loan with its own terms. If only one spouse's name was on the original discharged mortgage and both spouses took on the new loan, both... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
a motion to dismiss need to be filed with the court first? thank you
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answered on Oct 24, 2023
The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.
I own property and am trying to sell it. I owe back child support however I am on a current payment arrangement for the reers and current that it owed. When selling the property can the state still hold a lean against my property when on an active payment arrangement
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answered on Oct 23, 2023
You do not mention if there is already a lien filed or if there is just the threat of a lien. If the lien is already filed there is probably nothing that you can do. Regardless, you need to be in touch with the agency that is enforcing the child support to confirm what will happen upon the sale of... View More
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
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answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
It is normal to to only e-file the notice of service of interrogatories and send the actual interrogatories to the relevant party directly. Likewise it is proper to e-file a notice of service of answers and then send the actual answers to the party that served the interrogatories.
on the docket it says on the service that they were emailed to the defendant. i was told by the clerk that if the actual interrogatories were uploaded on the mycourtaccess.com they would be available for public viewing. the "service of interrogatories" is visible on the docket but... View More
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answered on Oct 22, 2023
To add to Mr. L's accurate response, e-filing is the mandatory method of participating in the case. Once a document is e-filed there is no obligation to also share it via some other method. To participate in the case you must have your email registered in the case for that purpose. And Yes,... View More
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