I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More

I am sorry to hear about your mother's health struggles related to her stroke and hope she will recover and improve soon. Transferring a property can be problematic, this is especially true if it concerns a Florida Protected Homestead as special rules, laws and protections apply to it. Also,... View More

I'm deeply sorry to hear about your mother's stroke, and I sincerely hope she's making a good recovery. Given her health and the ongoing mortgage payments, it's essential to carefully consider the legal and financial aspects of managing her property.

In Florida, several... View More

First - be careful that this is really what you want. Transferring property before death can result in an adverse tax consequence to the daughter (loss of step up in basis). Mom may want to utilize a lady bird deed (i.e. enhanced life estate deed) instead.

Also, as another attorney... View More

There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More

The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also... View More

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More

Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More

Yes a will can be admitted to probate if one or more of the witnesses is deceased. If the will is self-proving, meaning that certain attestation clauses are included in the signature area, then witnesses are not contacted in the probate case at all. If that attestation clause is absent, then the... View More

You will want to have a copy of the Will reviewed by a Florida Probate Attorney, but as long as the Will is validly executed, it does not matter if a witness is since deceased. A copy of the property deed will be helpful as well in order to have that reviewed along with the Will, based on the... View More

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

An association that is not a registered legal entity (such as corp. or LLC) is not an entity that has the legal capacity to be sued - it's simply a group of individuals associating with each other, and therefore, there is potential liability for each and every individual that can be accused of... View More

That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners'... View More

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

Yes, and the first step is to set up a claim with that driver's insurance company. You must obtain repair estimates for all damages, and if the limits of that driver's policy are not sufficient to cover your entire repair cost (both home and car), you can look to your own insurance... View More