Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Scenario for a $10,000+ water damage problem in a condominium. Who is responsible?

Jill (pseudonym) suddenly finds the condo water was shut off. She leaves her apartment, and returns to find her bathroom floor flooded. Upset that the faucet was accidentally left on, she mops up thoroughly.

Six days later she gets a text from resident below saying there is extreme water... View More

Linda Liang
Linda Liang
answered on Oct 29, 2024

Unfortunately, Jill should be responsible for repairing Bob's bathroom damage. If there is a question regarding the extent of the damage caused by the leakage and the mitigation that Bob should have done (is there?), the damage can be reduced.

As far as the app is concerned, Jill may...
View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2011. I never had the deed transferred in my name. How do I get the deed in my name?

I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

View More Answers

3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 24, 2024

If the property is located in Florida, you can file a partition lawsuit. In the lawsuit, the court will decide how to equitable split the property. If that cannot be done, the court will order the sale of the property with the parties splitting the funds from the sale. This would be your best... View More

View More Answers

3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

Do not just give away valuable property. Hire a TN attorney to represent you, negotiate an agreeable purchase amount, and have your attorney draft the FL Quit Claim Deed. He can take receipt of the funds, then have you execute the Deed. Only then he can send it to BF, and give you the money... View More

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Hurricane caused fallen tree on ground of mobile home park, Winter Haven, FL. Property owners claim no liability

Say it’s homeowners that need to remove and pay for, that they don’t own property between houses but we pay them monthly lot rent. Won’t give property line drawing or anything in writing that says they don’t own communal property but homeowners do.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 17, 2024

I'm sorry to hear about your troubles. It isn't a matter of who owns the property. It depends on what your lease and park prospectus state regarding lot maintenance. It could be you are responsible since you are in possession of the land or the park could be responsible and not taking... View More

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Jacqueline Alicia Salcines
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

View More Answers

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

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

Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More

View More Answers

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Anthony Pinizzotto
Anthony Pinizzotto pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her... View More

View More Answers

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 2, 2024

If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More

View More Answers

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 2, 2024

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?

I discovered that my neighbor's mobile home, well and driveway (all installed in 2022) is on my property from a survey. I got my property without title insurance in 2024, I am trying to sell this property. I talked to my neighbor, and they don't want to move the mobile home but are... View More

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 26, 2024

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family at this sad and difficult time. If the property did not transfer via deed upon death, then it is likely that some version of probate will be needed and consulting with a probate... View More

View More Answers

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

May your brother rest in eternal peace. I am very sorry for your loss. The ability for your brother's adult daughter to remain in the condo likely depends on the specific terms of the condominium association's governing documents, such as the Declaration of Condominium, the Bylaws, and... View More

View More Answers

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2024

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: What are my protections when selling my portion of parents estate to my sibling? He will pay me over 7 year period.

I am concerned about what happens if he dies or sells the home before the 7 years of payments are made.

The estate is in Georgia. I live in Florida and the brother and a sister live in Georgia.

James Clifton
PREMIUM
James Clifton
answered on Sep 18, 2024

In order to adequately protect yourself, you will need to secure the repayment against the property through a promissory note and security deed. It is the only legal way to ensure you are paid as scheduled. This will not only give you the ability to foreclose on the property if not paid as... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Selling an inherited property. How is the executor supposed to be reimbursed for estate expenses?

I am the personal representative named in the will. The will was admitted to probate and a summary administration order was entered in 2023. There was never anything in the "estate" - except the house, which is a homestead property. The reason probate was required was to have the court... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 17, 2024

As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:

Document all...
View More

2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 14, 2024

If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More

View More Answers

2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

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

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.