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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

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

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 19, 2024

Every attorney is different and every fee structure is different, it also depends on the type of legal help you are getting, probate, civil matter and litigation, real estate, etc., so it depends, the engagement contract should be clear on what is and what is not included as well as the hourly or... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can my attorney threaten me with fees for asking questions about the case?

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

Jane Kim
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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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3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

James L. Arrasmith
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answered on Feb 24, 2024

If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: If I have a living revocable trust and my husband passed away and I'm on the warranty deed as as well as a quit claim

I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 14, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 13, 2024

You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: I am on the Warranty deed a and a quit claim deed in a revocable trust and the husband passes away do I have sole owner

Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Feb 14, 2024

You should definitely consult with an estate planning attorney to review the trust agreement and determine what your rights are and explain it to you. It sounds like you are a trust beneficiary for life, but there will be specific terms in the trust agreement that determine what rights you have as... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?

My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.

T. Augustus Claus
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answered on Feb 9, 2024

It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: How to get out of a faulty real estate purchasing contract?

Hi, I need help and advice on a canceling a real estate brokerage contract without fee penalized My partner and I were trying to look into purchase a home together before marriage. Both of us are first time home buyers and are new to the knowledge of home purchasing. We were trying to get a house... View More

James Clifton
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James Clifton
answered on Feb 8, 2024

If you did not cancel the contract within the due diligence period, you forfeit your earnest money. If the $3,000 you reference was your earnest money, you will not be able to get that back. If there were pending inspections at the time of due diligence expiration, your agent should have requested... View More

1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Is there anything i can do if a friend goes back on a verbal agreement made 3 yrs. ago with purchasing property

I made a verbal agreement on purchasing a friends real property by taking over mortgage payments of said property . He assured me the property was mine as long as i made the monthly mortgage payments which i did . I also made improvements on the property throughout the last 3 yrs. , gave extra... View More

James L. Arrasmith
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answered on Feb 5, 2024

In situations where a friend reneges on a verbal agreement regarding property purchase, especially after you've fulfilled your part of the deal for years, you do have potential legal recourse. The fact that you made mortgage payments and improvements to the property, along with having text... View More

3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

James L. Arrasmith
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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't...
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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Jane Kim
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answered on Feb 5, 2024

There is a 15-day rule to respond, some motions are excluded, and it is flexible.

Litigation is complex, I am sure you knew that.

Judges also have their own standing orders on how they treat different types of motions, what is required for their submission, etc. Some Judges take...
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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

James L. Arrasmith
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answered on Feb 22, 2024

To find the local court rules for Collier County, Florida, you can start by visiting the official website of the Collier County Clerk of the Circuit Court and Comptroller. Many court websites provide access to local rules, forms, and other relevant information for navigating the legal process in... View More

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: What could be the outcome when being sued by the person you share a mortgage with but are not married to ?

I share a mortgage with an ex partner that I never married. I paid the down payment as well as every mortgage payment since the beginning. She is now suing me for the house asking I sale the house and give her half. Will the court care that I’ve paid everything? Or does it not matter who has... View More

James Clifton
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James Clifton
answered on Feb 3, 2024

It sounds like she has filed for a partition of the property. As a co-owner, she is entitled to half of the property. However, her interest in the property is subject to equitable offset for expenses you incurred individually during the joint ownership of the property. You should be able to offset... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

T. Augustus Claus
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answered on Feb 2, 2024

In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 3, 2024

You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: In Fl, how can criminal charges be brought for embezzlement & theft against those HOA board members involved?

After at least 6 yrs of HOA board profitting from community funds, illegal property sales, etc, significant, indisputable evidence has been compiled confirming these activities. How do we go about getting criminal charges brought against those involved, before they bankrupt us or take over our... View More

James L. Arrasmith
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answered on Feb 1, 2024

To initiate criminal charges against HOA board members for embezzlement and theft in Florida, you should follow these steps:

Gather Evidence: Ensure you have significant, well-documented evidence of the alleged criminal activities. This may include financial records, contracts, emails, or...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can a beneficiary (NOT a court-appointed PR) be reimbursed for estate related expenses?

I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Feb 1, 2024

I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More

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