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Scott Rosen’s Answers

18 total


  • I live in NY. My husband owned a house in FL. He pass away last month. how can i transfer the deed under my name?

    i have all the documents. what departments should i go? should i hire a lawyer?

    Scott’s Answer

    Generally speaking, if your husband owned the house in his own name individually at the time of his death, some type of court-involved probate process will be required in the county where the property is located in order to get title out of his name and into the proper beneficiary's(ies') name(s). There are different type of probate proceedings available depending upon the type of property, value of the property, date of death of the decedent, etc., and the different types of proceedings have different costs and time frames. You should consult a Florida licensed attorney who can certainly assist you with this.

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  • My renter has not paid for 3 months and is breaking her lease and leaving..how can i get the money im owed.

    i have only received 500.00 in the last 3 months of rent and the renter is breaking her lease and leaving without paying.. what can i do to get the money im owed.

    Scott’s Answer

    The prior attorney's response is accurate about what you can do but let me add this - if the tenant is not paying rent, what you may end up with is nothing more than a piece of paper from a judge (a final judgment for damages) saying the tenant owes you money. Collecting the judgment is a completely different matter and that oftentimes proves more difficult than getting the judgment in your favor.

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  • What if my daughters father passed away and he left her as the beneficiary but he has 3 other kids names not on anything

    do they have any rights at all and he has a accouunts at 3 banks what happens with that

    Scott’s Answer

    As a Florida attorney my answer would only be general to your NJ probate situation. More information is necessary to give you a proper response. If your daughter is "the beneficiary" on the account itself (i.e., she is listed as "in trust for" or she is a joint account holder "with rights of survivorship"), the account is hers upon his death notwithstanding the existence of other children. If no one is listed as a joint account holder or as an "in trust for" beneficiary on some or all of the accounts and he died intestate (i.e., without a will), the laws of intestacy dictate where his property goes and that would probably include all of his children. If he died with a will with these individually owned accounts, the will would dicatate where the property goes but even in that scenario, it could depend upon when the will was prepared in relation to when the children were born. Depending upon the age of some or all of the children and the dollar amounts involved, there are possible guardianship issues to be concerned with, as well. You should contact a NJ probate lawyer who could make the necessary inquiries and provide you with the proper answer. Good luck to you.

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  • How can I change the marital status on my brother death certificate?

    Unfortunately my brother and his wife were separated but not divorced and the funeral home stated that they were divorced. We never really thought it would make a difference but some issue have arrisen and it needs to be corrected. We thought we c...

    Scott’s Answer

    While certain errors on death certificates can be changed by affidavit or by the funeral home, the one you're talking about requires a court order. If there is an estate proceeding that's pending in probate court, the probate judge could be asked to enter the necessary order. If there is no probate proceeding, some type of probate case would need to be opened up in order to have a vehicle through which this order could be obtained.

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  • Does Florida Statute 733.6171 apply to more than one attorney?

    In probate estates, Florida Statute 733.6171 says the attorney is entitled to a reasonable fee of $1500. What if there were 2 attorneys for the personal representative? For example, a friend had an attorney who represented him as personal repres...

    Scott’s Answer

    If all interested persons don't agree to the fees, the attorneys can get whatever the judge says they can get. They would have to petition the court for fees (note that they can get additioal fees for having to take this step!), give notice to all interested persons (i.e., by giving them a copy of their fee application petition and letting them know when the petition will be heard by the court by sending a notice of hearing) and whatever the court orders they are to be paid is what they will receive.

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  • Is there a statue of limitations on the time I have to collect on my inherited 1/2 of my father's real property(house only)?

    My stepmother and my dad owned a house together, and I, his only child, inherited his 1/2 of the house. It is still in litigation, and my dad died 2 years ago this month. The Will was probated in Jan 2011. I heard that I have 2 years from the date...

    Scott’s Answer

    Since I am a Florida attorney, I can only give you a general response which may not be completely accurate in Texas. While there may be some general guidelines on how long an estate should be open (i.e., in Florida, generally speaking it's 12 months if there's nothing contested or if there's no Federal estate tax return due or 24 months if contested or there is a Federal estate tax due), the length of time an estate is opened has to do with many factors. Some conclude in a few months, some take several years. The only specific two (2) year limitation (in Florida, remember) would be for creditors - they cannot collect from an estate beyond two (2) years from the decedent's death. You do not lose your interests in your father's estate by time. Your position as a beneficiary, if you are a beneficiary, is essentially set in stone upon the decedent's death.

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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.

    After awhile (long story short due to the nature of the internet) I realized that there was possible fraud going on by the PR. When I informed the probate attorney A to check this out, he then refused to talk any me. The PR then got another att...

    Scott’s Answer

    It's a difficult question given the information presented but a few thoughts would be: (a) obtain a copy of the probate file which should give you some information, or b) write a letter to the judge in whose division your probate case falls explaining the situation and request that he set a status conference. However, although (b) is the best scenario, it's problematic if the case is closed which is what I'm inferring from some of your comments. You probably need to retain counsel to re-open the probate case and inquire into these matters. Depending upon the time that has passed, while you may be able to re-open the case, you may be precluded from taking certain actions or making certain recoveries.

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  • Am i obigated to pay the remaining balance owed on my mothers car if the bank has already sold it

    my mother is deceased and she had a car in which she was paying for , i could not afford the car and the bank picked the car up and sold it at a auction and now taking me to court for the remaining balance. Am i obligated to pay that ?

    Scott’s Answer

    While I am not licensed to practice law in VA and I think more information is necessary to provide an adequate response, I can provide you with this general information. If they follow the proper procedure, a creditor of your mother may have right to be paid from the assets of her probate estate, if any. Unless you were a co-borrower or guarantor of your mother's car loan, you should not be responsible to pay the bank loan notwithstanding the fact that money may still be owed to them after repossession. If you individually have been sued by the bank, you should carefully review the paperwork to see the basis upon which the bank claims you are responsible and retain counsel. Good luck.

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  • Is an article of Incorporation same as the article of organization?

    I am just confused if this two are the same or different document. Thank you all!

    Scott’s Answer

    They are both documents that create business entities but articles of incorporation create a corporation and articles of organization create a limited liability company (LLC).

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  • If tenant moves after residential eviction filed, but before default judgement entered, do I need to drop possession count I?

    * The tenant was served by posting by the sheriff on 10/24/11. * There has been no answer from the tenant and no monies deposited. * Complaint is for both possession and damages. * Tenant has agreed to surrender possession to the property manag...

    Scott’s Answer

    • Selected as best answer

    If the tenant surrenders possession (1 of only 4 legal ways you can recover possession under residential landlord/tenant law per Section 83.59 (3), Florida Statutes), you have no need to pursue the possession count so dropping it would be your best bet. You can always simply not proceed on that count (basically, the same thing). As far as a non-military affidavit, you must submit one to get a default against an individual. Depending upon where you are, it is possible to use a foreign notary public in certain instances or you could go to the U.S. Embassy in the foreign country in which you are located.

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