Skip to main content
No photo

Marva Wiley’s Answers

148 total


  • I signed a lease with a shopping center as a president (Tenant is cooperation). Am i responsible for rental dues.

    I sold my shares of cooperation to my partner in 2013. He became default in rent obligation and finally closed down the business. Am i responsible for rental obligations ?

    Marva’s Answer

    A corporation has a presumed veil that protects the individual shareholders against the obligations of the corproation. This assumes, however, that the corporation has honored that veil in terms of how it operates (i.e., no commingling of funds, maintaining annual meetings, and preserving other indicia of an independent entity). The lessor would have to establish that the 2013 transfer was somehow fraudulent and that the corporate entity was a ruse such that the claim should not be barred. This would likely be an expensive and time-consuming process; thus, the likelihood that the lessor would go through these lengths depends, at least in part, on how much money is involved.

    See question 
  • What is the FL process for declining to be a personal representative? Am I liable for anything?

    In order to qualify for Medicaid, the person needs to be under a certain asset and income level and cannot have a whole life policy. My mom died in FL (Lee County) and during her last month she qualified for Medicaid. They paid for her nursing hom...

    Marva’s Answer

    The body of your question asks a different question than the title. My colleagues don't appear to have answered the title question. As a personal representative, you are not personally liable for the debts of the estate if you were acting in good faith. I agree with my colleagues about the likelihood of a Medicaid reimbursement although I agree that one month of Medicaid is unlikely to make the probate prohibitive. Consult an attorney on the specifics of your situation to make sure that you are not leaving money on the table unnecessarily.

    See question 
  • Is there a time limit to filing probate Will Probate in Florida?

    My mother died in May 2012 and left a will with my sister as the Executor. Her estate includes her house, her car, a savings account and her life ins policy. The house was left to my sister and I equally. My sister does not want t file probate yet...

    Marva’s Answer

    I disagree with my colleagues in some respects because there may be times that a delay in administration actually saves times and money. After two years, an estate can be probate through a summary administration that reduces the cost of the filing fee, the pleadings that must be filed, and the notices that must be published. If the two of you are the only heirs (devisees) of the estate, you are going to have to work together as co-owners of the house or co-sellers of the house. There may be some benefit to the delay she's seeking.

    Typically a life insurance policy would not be part of an estate. Did your mother not name a beneficiary? Similarly, the savings account may have a beneficiary named that would allow the proceeds of the account to be distributed outside of probate. You can make a general inquiry on those two accounts with a death certificate. If you are named, the distribution can occur swiftly regardless of the status of the estate.

    The car could be a problem if probate is not initiated in a timely fashion as the registration will expire at your mother's next birthday and an unregistered car can be a nightmare.

    See question 
  • Defective Eviction/Response due tomorrow - Please help

    I live in Miami, FL. My lease expired. My landlord doesn’t want to renew my lease Instead of providing me with a 20 day notice of non-renewal, she gave me a 3 day notice, making seem as if “I didn’t pay” and she already filed the eviction. On top ...

    Marva’s Answer

    Unfortunately, you have limited options if you are unable to deposit the amount you think you owe into the court registry. You should contact Legal Services of Greater Miami.. They may be able to take your case and get you the time you need to relocate.

    See question 
  • Mom died in pa. three years ago

    she lived with me did not own anything, had no outstanding bills we had a checking and savings account in both our names she lived off her ss she pd no taxes. got a letter about a pension she had. was told i had to set up an estate why and how d...

    Marva’s Answer

    I am not a PA lawyer but I think you have to look at the pension as a windfall. Certainly whatever the estate costs will be less than you stand to receive from the pension. Ultimately, the size of the pension is likely to have a significant impact on the cost.

    See question 
  • Can a lawyer draw up papers for a spouse to sell the home of a decease if the decease has children.

    Decease made a will but didn't register it and has an administrater

    Marva’s Answer

    You don't provide enough information for an attorney to properly respond to this question. One critical factor is the titling of the property. Did the spouse and the decedent acquire the property together such that it is held as a tenancy by the entireties. Did the decedent own the property before the marriage. We can make assumptions from the fact pattern but you will have to speak with an attorney to get clarity on that issue.

    See question 
  • We hv evicted tenants that wrecked our hm. they hvn't pd rent in 9 days. cn we slap 72 hr notice to evict or pay? in oregon

    We have already gv them an 60 day eviction because of damage and breach of month to month contract. A lawyer advised them after eviction was recieved not to pay rent til we fix up home because it is inhabitable (under oregon law it is not) it has ...

    Marva’s Answer

    I am going to take the liberty of correcting some language for the purpose of helping you get the help you need in the Reading the headline of the post was extremely confusing to me because an eviction to me means that the tenant is out. I believe you want to express that you served your tenants with a termination notice. You may want to re-post with that language so that you can get a OR lawyer to give you advise directly on point with your state's laws. I sense you're beyond a general eviction explanation and need more specific advise. Good luck!

    See question 
  • Can my fiance parole out to my house even if we are co-defendants?

    He has been incarcerated for 3 years for charges unrelated to the case that we are co-defendants for, however his sentence for the charges we are co-defendants for was run concurrent with what he is in jail for now.

    Marva’s Answer

    You should note that probate is not the same or even similar to probation. I will edit the practice area for you to refer to include criminal. Probate deals with the death of individuals and the disposition of their property after death. I hope you are successful in finding the answer to your question.

    See question 
  • Is there a penalty for not including a sibling in probate papers?

    If my sister filed for administrator of my dads estate and did not list me as a sibling, and of course I was not notified by her or the court..what would be my best course of action? I am going to verify whether or not she filed tomorrow..let's s...

    Marva’s Answer

    I am not a WA lawyer, however, in FL, the personal representative/administrator/executor is required to sign all documents "under penalties of perjury." If the court finds that the administrator knowingly misrepresented the beneficiaries, the administrator would likely be removed. Beyond that basic assessment, the could would have discretion as to the sanctions that the court would impose.

    See question 
  • My wife and I received a eviction summons/residential. What laws protect the renter in FL?

    In Nov we reported the ceiling was cracking and a probable roof leak to the landlord's handyman. He came over and reported the leak to the landlord. In Feb a contractor patched the roof. Our lease ran out on March 4. On Feb, 22 you emailed us...

    Marva’s Answer

    As a practical matter, it is unlikely that the landlord can legally evict you before March 24th if your lease expired on March 4th. With that in mind, I do not think you want to have an eviction on your record. You don't advise on the date you were served or what type of notice he gave you. Legally, the type of notices required depend on the language in your lease. Unfortunately, we cannot apply an absolute rule because of the nuances that a written document may include. I encourage you to try and sit down and negotiate mutually agreeable terms for separation given the time realities involved with a legal eviction. You should consult with a lawyer if you are unable to have that kind of conversation with your landlord on your own.

    See question