Cheryl Beth Bucker's Answers

What is the law regarding a short sale to a family member?

In a perfect world, the answer would be yes. A family member helping you out in this horrible real estate market and economic crisis. Unfortunately, the lenders do not see it that way. It is a type of straw sale that is highly suspect and sometimes illegal. If you can't make your mortgage payments, a family member could help you, according to the lenders. Otherwise, you give back the home. In a short sale, a home owner is trying to avoid foreclosure, and in many instances, if not most, the...

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How long do we need to be separated before I can get a divorce in the State of Florida? Can I choose not so sign the papers?

First of all, there is no legal separation in Florida. Once your husband files for a divorce and you get served with legal process, you will have 20 days to respond, or a default will be entered against you. Don't allow that to happen. You can lose valuable property rights and custodial rights as well. In Florida, there are no specific grounds for divorce. You only have to allege that the marriage is irretrievably broken, which basically means broken beyond repair. If he proposes a fair and...

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Trying to find out why a will was not probated with me listed as a beneficiary

If you have not yet been contacted by the personal representative, which is Florida's term for executor, then there are several reasons why this might happen. First, there may not be any probate assets to distribute. If the decedent had beneficiaries listed on all his financial assets, then there would be no need to probate or perform any type of estate administration. Another reason could be that he is still investigating the estate, collecting the assets and liabilities in order to...

When an attorney, (cited for misconduct), who represents an elderly family member, tells another family member that he "signed

First and foremost, if you suspect foul play, you should immediately contact the abuse hotline. The hotline is specifically designed to investigate child abuse or elder abuse. Regarding the misconduct, a licensed attorney, who has been cited for misconduct but not disbarred, does not disqualify him to act as a power of attorney. However, if you are really concerned, you can go to the Florida Bar's website to search for that specific lawyer's 10-year disciplinary record. Often, you can obtain...