“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in... Read more »
answered on Jun 3, 2022
The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.
I reported car to DMV as not on roads not drivable. No insurance either. Parked for a year at least trying to get title to yunk it. How can I if I fall behind on payments due to hardship and lender already reported as a tax loss but title at DMV still shows with lien on it?
answered on Jun 3, 2022
You can only release the lien by paying the amount you owe. The fact that the bank has claimed a loss is of no consequence. Perhaps, if you ask, you can make a deal with the bank by which the bank would release the lien in return for your promise to pay them whatever you make by junking the car,... Read more »
How does one transfer the deed from the deceased to the living relative? Get the property appraised and put on the market once inheritance is established.
answered on Jun 3, 2022
I assume that he didn't reside in Puerto Rico, but in Florida. If so, you (or one of his sisters) need to file a probate petition with the court in the county where your uncle resided. Whoever does this needs to do it through an attorney. You probably also need to file an ancillary probate... Read more »
A couple signed an annual apartment lease effective December 1, 2021. The agreement was to equally share the expense. However, the girlfriend moved out (her own decision) in March 2022, along with all of her personal belongings and household furnishings. She also terminated all utilities that were... Read more »
answered on Jun 3, 2022
She can't be removed from the lease without the consent of the landlord (or the landlord's manager). And it doesn't appear that, she has breached the lease, so the landlord might not be able to remove her even then. He could perhaps sue her in small claims court for her share of... Read more »
I just felt discrimina the company in Dunking Donut as employees by coworkers and is not the first time I have to go through this, is full company likely Miami Grill and Chipotle and McDonald's and Charly Restaurant.. but my consent is Dunking Donut where I was hired of the month April 27... Read more »
answered on Jun 3, 2022
It sounds like you are wondering if an employer is illegally discriminating against you by hassling you about your work speed. The only way that this might possibly be a legal issue is if you have a disability that the employer was made aware of, and you are able to competently work for that... Read more »
Repairs for things that were here when I moved in, like a leak stain in the ceiling from an old ac and a crack in the tile at the front door. How am I supposed to get my deposit back without being held responsible for things I didn't damage?
answered on Jun 3, 2022
You would need proof the damages were pre-existing, such as photographs with a date/time stamp, a video with a date/time stamp or a form signed by you and the landlord.
Her home is being foreclosed on. We are now divorced. Will I be liable for the debt?
answered on Jun 3, 2022
No. Unless you signed the note you are not liable for the debt, which is the note. When you live in a property with a spouse you are required to sign the mortgage acknowledging there is a debt against your home that could be foreclosed.
I inherited a house over 20 years ago with my brother 50/50 ownership. I continued to live in the house he moved out .I paid off the owing mortgage and 99% of all taxes, insurances ect for the last 20 plus years. I moved overseas 4 years ago and rented the house out . I informed him of this and... Read more »
answered on Jun 3, 2022
The lease is probably valid; he can't evict them without giving the 4-month notice.
It appears that you or your brother may want to file suit against each other for partition of the property.
answered on Jun 3, 2022
Can you cash-out the annuity? It depends on the terms of the annuity agreement.
answered on Jun 3, 2022
Normally not. You don't owe the alimony, he does. She could make a claim against his estate, but not you personally.
my babymama and i have made plans for me to see my son but when they day comes she always come up with the excuse that hes sick. i send her whatever money i have to her for him and constently make plans on seeing him which she cancels day of. in the last two years ive only gotten to see him 5 times.
answered on Jun 2, 2022
If you haven't established paternity (assuming you are not married to your child's mother), you will need to file a petition to establish paternity, custody, timesharing and child support. After finding you to be the legal father, the Court will determine what is in the best interest of... Read more »
My landlord emailed me the rent increase paper to sign. He asked me to print it sign it and date it. My current rent is 700 he is increasing it to 800. Today I came home to a paper the same exact paper that he emailed me except for there’s a change where it shows I pay 700 currently and it’s... Read more »
answered on Jun 2, 2022
This is why no one should ever rent their residence or business space on a month-to-month basis. Unless you have a written lease your landlord can do anything they want, as long as they give you 30 days' notice.
answered on Jun 2, 2022
Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.
answered on Jun 2, 2022
If you will have a presence in Florida, you have to domesticate your Ohio nonprofit here in Florida.
The county ordinance prohibits homeowners from having on the property in front, in their own driveway an RV (recreational Vehicle)-county classifies just about all towed vehicles RV's (boat, utility trailer...). Seems a little bit of a Govt overreach. Are there any Fl state statutes that... Read more »
answered on Jun 2, 2022
County ordinances can be more restrictive than state statutes as long as the two are not in conflict. Most counties have these ordinances because most homeowners do not want to see recreational vehicles and boats parked in their communities. Challenging a law in court is not an easy or cheap... Read more »
I was wondering, If an individual dies in the State of Florida without any heirs or any living relatives or children whatsoever, does the state collect the items that once belonged to the person? and if so, what exactly happens to those items? Are they sold/auctioned off, or does something else... Read more »
answered on Jun 2, 2022
If in fact there are no remote cousins, or other heirs, it is possible that it could be escheated to the state under Chapter 717 of the Florida Statutes.
Normally electronic devices such as smart phones or other computers are password protected. If not, who would object? It probably... Read more »
Lease ends June 30th. Paid until end of month. Planning on using last month to move to new residence. Landlord refuses to pro-rate from June 15-30.
answered on Jun 1, 2022
No, you can stay there until midnight on June 30. if the landlord wants you to leave early they can offer to buy you out of the rest of the lease. But you do not have to accept. You get to decide.
I plan to hire an attorney to draft a revocable living trust that will be converted to a South Dakota irrevocable dynasty trust upon my death. I just want to get more educated on the subject matter before contacting an attorney.
answered on Jun 1, 2022
You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living... Read more »
My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »
answered on May 31, 2022
Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:
1. Was there any property left to probate at your uncle's passing?... Read more »
The agreement authorized by a judge in court and to be paid on a monthly basis agreed by the bank and myself. But I have been denied loans and credit help because the bank reported since the date of the new agreement as been late on monthly causing a negative report of my credit worthiness. So I... Read more »
answered on May 31, 2022
It is impossible for any Florida lawyer to help you unless you give them legible copies of all the documents underlying this banking credit problem and the court documents you refer to here. Search for an experienced banking lawyer here on Justia and contact them.
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