Skip to main content
Samuel Louis LePrell

Samuel LePrell’s Answers

3 total

  • My mom died years ago. Should my dad have changed his condo ownership FROM "x and y smith" TO "x smith" with a warrananty deed

    When my mom died over 2 years ago, my dad did not change the deed on their condo. Ownership was listed as "x and y smith, husband and wife". Should he have changed ownership to "x smith" by using a warranty deed and having it properly notorized ...

    Samuel’s Answer

    Under Florida law the property automatically became your father's upon the death of your mother. There is no reason for your father to deed the property to himself. When he goes to sell the property he would most likely be required to produce a certified copy of your mother's death certificate and sign an affidavit re their continued marriage from the date they acquired the property until her death.

    See question 
  • Owned my house for 9 years. Will I have capital gains?

    Bought house in 1999 $305,000, sold in 2008 for $1,069,000. (In California) Will I have to pay capital gain tax? Married filing jointly.

    Samuel’s Answer

    If this is your primary residence (for 2 out of the past 5 ears) you will be able to exclude $500,000 (if married and filing your tax return jointly) of the $764,000 in gain from federal income tax. If single the excluded amount would be $250,000. You will be subject to capital gains on $264,000 if married and $514,000 if single.

    See question 
  • How do I get my name off a real estate bond

    Purchased a house with my Fiance 3 years ago. Both our names are on the bond. I want to leave the relationship and need to get my name off the bond. He refuses to sign to get the house sold, he cannot affored to buy my share of the house, or to ca...

    Samuel’s Answer

    When you say "bond" I am assuming that this is a mortgage on the home. The bond/mortgage holder would have to release you from your obligation under the bond/mortgage. That is very unlikely. There is nothing that you and your ex finance can do to release you from you obligations without the cooperation of the bond/mortgage holder, unless you file bankruptcy. This answer is based on Florida law

    See question