Blaise E. Picchi's Answers

Florida Probate Question

Florida law requires the Personal Representative to file an Inventory with the court and serve a copy on each heir or beneficiary within 60 days of the appointment of the Personal Representative. However, the beneficiary may waive service when he/she signs the initial consents and waivers to the appointment of the PR. But you should be able to get a copy from the PR, his attorney, or from the court file. And yes, anything of reasonable value should be listed on the inventory. As far as...

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If I buy a car while married by financing it and I get divorced do I have to sell it and split the money or what happens?

Nothing. In a dissolution of marriage the assets and liabilities the couple are worked out either by the parties or the court if the parties can't agree. Since you are having difficulty with your marriage your husband may not co-sign on the car or join in the title. Both the financing and the title will probably be in your name. But even if it were jointly financed and owned, the court won't require you to give it up. It probably would require your husband sign off on the title and tell...

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PLEASE HELP! Aunt with power of attorney is keeping uncle in mental health facility, even though dr. Said he could leave.

Power of attorney has nothing to do with the situation you describe. Powers of attorney have to do with handling the property and finances of a person who is either incapacitated or out of the country (armed forces). What your aunt has is the right of a health care surrogate. As his spouse she is his next of kin. Unless your uncle executed a Durable Power of Attorney for Health Care appointing someone other than his wife, the wife will have the final say . . . ordinarily. However, you...

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What Are The Florida Laws Concerning the Hiring of Unlicensed Contractors?

A contractor is a person who hires other people to do work on your property. Many jobs require a building permit. A licensed contractor can "pull" a permit in his own name for your job. An unlicensed one cannot but would have to have the owner pull it for him. A licensed contractor is required to have certain insurances like workmen's compensation and liability insurance. If one of his workers or some bystander is injured on your job you would be protected by his workmen's comp or...

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How do we file for Probate without an attorney?

You don't state why you need to probate your late wife's estate. I agree with Attorney Perlin that you will need an attorney for a full blown formal administration of your late wife's estate.. But just guessing from what you said, if you don't have enough to hire an attorney, what could be in the estate that needs to be probated? One of the main reasons to probate an estate is when there is real property solely in the name of the deceased at the time of death. Most husbands and wifes own...

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Does Florida have any unique protection for deficiency judgments in short sales?

Mr. Araujo, who first answered your question, is a New York and New Jersey lawyer. His answer is a canned answer that does not take your question or your problem seriously so he has failed to answer your specific question. There have been complaints to AVVO about this kind of use of this service by out of state attorneys trying to earn 15 points and AVVO promised that they would do something about it. In any event, to answer your question: A short sale is done by with the agreement of...

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The probate attorney"A" for my parents' estate whom I dealt with during probate as a beneficiary gave me some info.

Your question is too complex and scattered to be entirely understood. But I will say this, in general. Attorney's don't "sell' thier files to other attorneys. The Florida Bar would probably require Attorney A or C to provide you with at least a copy of the file, if you have a right to it. (You don't mention what your status is in the probate of this estate. ) Ultimately, judges decide these matters. If the issue is important enough, then hire your own attorney and have him/her ask for...

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Do I need to remove the name of my deceased husband from the house deed before I can sell it. We have a will giving me all.

You are talking about two separate things. You say "under our will the property comes to me" and then you say "Do I need to have his name removed from our house deed." If your name is on the deed with your husband then you own the property outside of the will. The property never transfers to you through the will. It transfered to you by operation of law when your husband died. If both husband and wife's name is on a deed then it is called a "tenancy by the entireties." It means that you...

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If my wife doesn't want to sign divorce papers through the court, what will happen next? Does it go to default?

You do what you are doing. You turn it over to the lawyer you hired who, for a nominal fee, should be able to handle the matter without much difficulty. Your wife does not have to sign anything or agree to anything for you to get a divorce. She will be served your Petition for Dissolution of Marriage by a sheriff's deputy or a process server. She will be given 20 days to respond in writing or she will be defaulted and you will essentially get whatever you are asking for. No assets, no...

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Can my landlord give me an eviction notice being late with the rent by so far 5 days ?

It is not an eviction "notice". It is a 3 day notice. It must be written to a specific form as defined by the statute saying the right words. In general, it says if you don't pay the rent in 3 days, then after that I will go to the county court and file a complaint for your eviction attaching the 3 day notice to the complaint. I will pay the Clerk of the Court about $160 or so to file the complaint plus I will pay the sheriff $25 or so to come out to the house and serve you with the...

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