Jed R Prest’s Answers

Jed R Prest

Orlando Construction / Development Lawyer.

Contributor Level 12
  1. My Brother is Not ExEcuting He s Keeping every thing for his self me and My other bro are in the will I Need A Pro Bono ATT.

    Answered almost 2 years ago.

    1. Marcos P Martinez
    2. Jed R Prest
    3. Carol Anne Johnson
    4. Eric Jerome Gold
    4 lawyer answers

    You are entitled to accounting of your fathers estate if you are a beneficiary of his estate. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals. As far as you pro bono that would depend on the discretion of the attorney. It possible that you could make a contingency fee arrange. You will need to review that with the attorney you meet with

    6 lawyers agreed with this answer

  2. My dad re marry after my mom past away,he is now dead,but made a will before he died without getting the chance to sign it .

    Answered almost 2 years ago.

    1. Adam Troy Rauman
    2. Jed R Prest
    3. Carol Anne Johnson
    4. James P. Frederick
    4 lawyer answers

    This will is not valid in Florida. Did you father have a prior will? If so, that will likely remains in effect. If not, you father died intestate (without a will), your stepmom gets half of your father's estate. There can be a lot of nuance here. You should speak with an attorney to review you specific situation.

    6 lawyers agreed with this answer

  3. Can a house I inherit be taken from me because of a previous foreclosure I had?

    Answered almost 2 years ago.

    1. Jed R Prest
    2. David Lloyd Merrill
    3. Steven Navaro
    3 lawyer answers

    Not if you homestead the house. To do that, you must be a Florida resident. The house will need to be your primary residence. The value of the property that can be protected is unlimited, so long as the property occupies no more than ½ acre within a municipality, or 160 acres outside of a municipality. The homestead even protects the sale of the home, so long as the homeowner has a bona fide intent to use it to purchase another home in Florida entitled to the exemption within a reasonable...

    6 lawyers agreed with this answer

  4. Final Judgment was granted on October 2, 2012. How long after the Final Judgment do I have to put in an Appeal?

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Keith Adam Halpern
    2 lawyer answers

    If there has been a sale, you are to late for redemption. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender. After a successful sale, the clerk gives a certificate of sale to the winning bidder. Within 10 days of the sale, the clerk transfers ownership to the winning bidder if no one disputes the sale. In most instances, a borrower has no right of redemption after the certificate of sale is issued. A notice of appeal may be...

    5 lawyers agreed with this answer

  5. Do I evict or eject these inherited tenants with no lease ?

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Carol Lynne Zimmerly
    3. Jeffrey B. Lampert
    4. Michael T Millar
    4 lawyer answers

    If the was not a written lease, then they have a lease of an indefinite period. The rental period is presumed to be period that rent is paid. In this case that is a month to month lease. You or the tenant can terminate the lease at anytime by giving not less than 15 days’ notice prior to the end of any monthly period. Now I doubt the tenant saying they are looking for another place without giving you a date counts as notice to terminate the lease. You can go ahead and send the a notice...

    5 lawyers agreed with this answer

  6. Tenant's rights in a short sale

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Carol Lynne Zimmerly
    3. Jacqueline Alicia Salcines
    3 lawyer answers

    Since this a month to month, they have to give fifteen day prior to the end of the payment period. So you should have until the end of January. The new owners take ownership subject to your lease. This is a general statement, you should review with a local attorney to review your specific circumstances. Good luck.

    Selected as best answer

  7. How much will cost to draft a living trust, I just have a house and checking and saving account

    Answered over 1 year ago.

    1. Jed R Prest
    2. Stephanie Sauer Woods
    3. Joseph Franklin Pippen Jr.
    4. Truman John Costello Jr.
    4 lawyer answers

    You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

    4 lawyers agreed with this answer

  8. What do I do when an association tries to terminate my lease with no just cause?

    Answered almost 2 years ago.

    1. Ralph H. Schofield Jr.
    2. Jed R Prest
    3. Barbara Billiot Stage
    3 lawyer answers

    You should review this matter with an attorney. There maybe other grounds that the association has which unrelated. Or the actions of the association is inappropriate. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

    4 lawyers agreed with this answer

  9. Does a landlord have the right to call continuously *exceeding 20 times a day* and force me out without legal eviction?

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Alan James Brinkmeier
    3. Brantley Daw Oakey
    4. Rixon Charles Rafter III
    4 lawyer answers

    Missing rent, or even only making partial payment is grounds for eviction. They must follow the statutory process for eviction. Chapter 83 of Florida Statutes provides the steps to follow in an eviction case. First they must provide a three day written notice. Then they must file a complaint and issue a summons to you. There will then be a hearing before a Judge who will issue a judgement. After entry of the Judgment, the Clerk will issue a Writ of Possession to the Sheriff describing...

    4 lawyers agreed with this answer

  10. Is it normal for a foreclosure attorney to charge $ 5000 + on a simple foreclosure proceeding that did not reach the court for a

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Esmond Jude Lewis
    3. Richard Scot Shuster
    3 lawyer answers

    It's hard to say based on the facts provided if the attorney fees are unreasonable. The attorney fee should be based on the time and expertise of th attorney. Unless your attorney is working on a contingincy basis, i doubt that the attorney would guarantee case results. You could request a Fee Arbitration through the Florida Bar if you wish to dispute the fee. The Fee Arbitration Program is an informal, free service provided by The Florida Bar to resolve fee disputes between attorneys and...

    4 lawyers agreed with this answer