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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate, Real Estate Law and Personal Injury for Florida on
Q: How can I protect my property rights under my mom's will against her boyfriend's actions?

My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 24, 2025

There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More

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2 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate, Real Estate Law and Personal Injury for Florida on
Q: How can I protect my property rights under my mom's will against her boyfriend's actions?

My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi there, sorry about your mother's stroke and this troubling situation.

Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Apartment uninhabitable after fire; charged rent despite not accessing unit. Legal steps to address this?

I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 23, 2025

Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I transfer land deeds to my name after family members' passing without a will?

I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 23, 2025

Please accept my condolences on the loss of your father. You will likely need to open an estate for your grandfather and your father to transfer the property to you. First, in your grandfather's estate, his heirs would be determined and a court order would transfer the property to his heirs... View More

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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I transfer land deeds to my name after family members' passing without a will?

I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 23, 2025

This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review... View More

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1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Florida on
Q: What to do about wrongful disposal of ashes and valuables after car towing?

Three months ago, my landlady had my car towed with my deceased wife's ashes and other valuables inside while my husband was in the hospital, despite being informed of the contents. She claimed it was due to unpaid rents and threatened legal action if contacted further. What can we do next... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2025

Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can I be evicted in FL for being 4 days late on rent, considering a 6-day grace period?

I was late with my rent payment by 4 days due to an issue with automated payment processing following a new lease recertification. My lease allows for a 6-day grace period. I haven't received any written notice but was verbally warned about potential eviction. Can I be legally evicted in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 22, 2025

Yes. Your rent is due when its due. The grace period applies to the imposition of late fees. Most landlords are not going to whack you on an eviction for being late once and you pay within the grace period, if you've otherwise been a good tenant.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: What are my legal rights if the owner sells the property while I'm living there under a verbal rent-for-work agreement?

I have been converting a house into three apartments under a verbal agreement for about a year. My rent was paid through the work I was doing on the property. The owner suddenly informed me that they sold the property and I need to leave, but I have received no formal notice. What are my legal... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 21, 2025

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: Will I be allowed to stay in my home during bankruptcy proceedings?

I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2025

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys...
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3 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Is it too late to file a non-probate will in Florida after 2 ½ years?

I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More

James Clifton
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James Clifton
answered on Apr 16, 2025

If there is an asset that still remains in your husband's name and you need to transfer it to the beneficiary of the will, you can still probate the will and qualify as personal representative to make that happen. If you are simply trying to comply with the Florida statute that requires the... View More

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3 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Is it too late to file a non-probate will in Florida after 2 ½ years?

I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2025

Yes, it is an affirmative duty to submit the Will to the clerk of the court in the county where your husband resided and yes, a law office can help you with this if you are out of state or otherwise need help. In accordance with Florida Law, the person in possession of the Will (custodian of a... View More

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3 Answers | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Can I recover money or property value from a verbal agreement with my ex-girlfriend for a house I rebuilt in Key West over 6 years?

Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More

James Clifton
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James Clifton
answered on Apr 14, 2025

Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More

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3 Answers | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Florida on
Q: How to respond to unlawful detainer in FL without prior notice?

In Florida, I've been served an unlawful detainer without receiving prior notice. My landlord removed my belongings, locked them up, and the deputy sheriff intervened, stating eviction would need a proper process. I’ve documented rent payments and have evidence of belongings’ damage. I’m... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2025

Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help... View More

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Can creditors place a lien on my Florida house for my wife's debt?

Can credit card companies place a lien on my house in Florida because of my wife's credit card debt, given that the house loan was solely in my name but her name is on the title?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 8, 2025

The Florida Constitution protects your Homestead and therefore they cannot force sell your Homestead for credit card and or other types of judgments that do not directly relate to the Homestead property (Mortgage, taxes, home improvements, etc.) .What they will do is get a blanket judgment on all... View More

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3 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: Seeking legal advice on managing inherited property in Florida with heir issues.

I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More

Cesar Mejia Duenas
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answered on Apr 5, 2025

At this point, you should strongly consider retaining a probate attorney to determine your rights and the current status of the property. Under Florida law (and in most states), the "intention" of the testator—when expressed through precatory language, such as "I grant this land... View More

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3 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: Seeking legal advice on managing inherited property in Florida with heir issues.

I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2025

You have not stated who the owners are, as heirs are not will devisees. Is the probate still open? If so then a motion might be made to remove the executor. If the Estate is closed, then a partition action might be made by the ascertained titled owners. But there may be a class gift devise... View More

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4 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: How do I proceed with a buyout of other property shareholders in FL?

I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 29, 2025

A review of the property deed would be necessary and then a probate of the estate of any deceased beneficiary (your aunt), you could commence a probate of her estate and that would get their attention potentially if they are not interested, also, an offer to your uncle for his 1/3 share. Until your... View More

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4 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: How do I proceed with a buyout of other property shareholders in FL?

I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 31, 2025

Unfortunately, you cannot force them to sell you the property. However, you can force the sale of the property to the highest bidder through a partition lawsuit. Your grandparents' and aunt's estates will need to be probated to ensure all of the correct parties are named in the partition... View More

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4 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

Given that your Florida purchase agreement is contingent on a wetlands permit, which the buyer delayed applying for and now refuses to close or provide a date, you likely have grounds to pursue legal action. The buyer's failure to diligently pursue the permit within a reasonable timeframe,... View More

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4 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing),... View More

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