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Carol Anne Johnson

Carol Johnson’s Answers

3,031 total


  • How can a display that is now a nuisance be stopped under Florida Law?

    We reside on a private road in Florida. While there is a covenant for an HOA, it has never been organized and likely never will be. We all sort of like it this way. However a problem has been growing annually that needs addressed. I don't know...

    Carol’s Answer

    This happens in neighborhoods all over the world. The best thing I can recommend is to get into the spirit of the thing so that it doesn't drive you crazy every year fuming about it. This is why people live unrestricted communities. Why is it now bothering you? You say it has been 20 years - what has changed all of a sudden?

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  • Should I pursue retaining a lawyer to have him overthrown as executor? Or should I go with a civil suit? Is it worth doing?

    My brother was named executor to an estate that says that everything was to be divided 3 ways, one third for me, my brother, and my sister. He evicted me out of a house that my mother (the ones estate in question) had purchased for me in her name ...

    Carol’s Answer

    If you want a good outcome on this situation, you will HAVE to hire a good attorney. Fortunately for you, there is an excellent attorney who practices in Myrtle Beach and is a former probate court judge. Her name is Deirdre Edmonds and she knows her stuff.

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  • How do I get her off deed

    Bought a house with a girlfriend she left six years ago haven't seen from her since

    Carol’s Answer

    If you want to keep the house you will have to buy her out - i.e., 50% of the fair market value of the home. Or, if you don't care, and she doesn't care, put it on the market and sell it and split the proceeds. And, make a note to self - NEVER a good idea to put anyone other than my SPOUSE on title! She is not just "on the deed" - she owns half of your house!

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  • Can I remove the OAKs tree from my front yard all of them ? I'm located in Miami Dade County , Florida..

    I have 1 oak tree in front of my house , but isn't in the easement but other 2 OAKS ARE.. The trees are damaging my septic tank , cracking the driveway and also start to showing damage heading to the foundation of the house.

    Carol’s Answer

    • Selected as best answer

    Depending on how large the oak tree on your property is (girth-wise), you will definitely need a permit. Additionally, the oaks in the easement are the responsibility of the city and they will need to be notified to take care of the trees (either removing or cutting the offending roots).

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  • HOA is sending us letters demanding payment for HOA fee's from before we bought our home.

    My wife and I bought our house in an HOA in SW Florida in March of 2015. The neighborhood has 2 separate HOA's one monthly and one annual. I do not believe they are handled by the same property management company. We deal with our monthly HOA a...

    Carol’s Answer

    While I technically agree with Attorney Klurfeld, you really should hire an attorney to plead your case to the HOA and see if there is recourse against the other players (title company, etc.). Yes, you are right - this is supposed to be handled ahead of time. Surprise! Mediation may be to your benefit in negotiating a reduced payout.

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  • Do I have recourse if my HOA does not provide information when asked.

    I am a member of an HOA in Florida and am current with my dues. I requested a current copy of the bylaws and a copy of our pest control contract. It's been 30 days and no one has replied. What recourse do I have?

    Carol’s Answer

    You should have received a copy of the docs when you purchased your home. The HOA does not have to provide another one to you for free. Typical cost is $50. If you cannot get anyone on the phone, you can just drop in the office and pay for a new copy. If you are not on the Board then why do you think you have a right to get a copy of the pest contract? Your docs will tell you what you may and may not receive. You do have a right to annual financial statements, which will tell you what is being paid to the pest contractors.

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  • How do I go about getting this settled? Do I have to open probate again? Can we have him prosecuted for the sale of the property

    My mother died in 2003, my brother presented a will in 2004 stating that the estate (included real estate in Florida(2), New York(1), and Jamaica (3)) was to be divided (share and share alike) between me and my brothers. The will stated that he wa...

    Carol’s Answer

    As executor (in Florida, it is Personal Representative), your brother has a duty to carry out the wishes of the decedent - your mother. Why have you waited this long to do something about this? Probate has probably never been opened, but your dallying probably means that the property in question is unrecoverable - particularly if purchased by a bona fide purchaser for value. In any case, you can find out if probate was opened by looking on the clerk of the court's site for the county in which your mother lived. And, call a good probate litigator - this could get messy!

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  • Quiet title after a judgment in a civil action

    Can I file a quiet title proving I am the owner of my assett after a final jugement in a divorce proceeding that awarded my assett to my spouse? Or should I file before the final judgement? Evidence and witnesess was not presented in court and I l...

    Carol’s Answer

    No. You no longer own the asset. It was awarded to your ex-spouse. What you can do is to appeal the award before Final Judgment of Dissolution is granted. This time, make sure you have a lawyer present to properly defend your asset.

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  • Wife bought condo in florida after we married for several years..she willed it to her grown child who never lived in condo..

    lmarried live in florida...wife buys condo in her name...we live in condo fulltime...she willed condo to her daughter...do I have any legal rights to condo in event wife dies.

    Carol’s Answer

    Yes. If the condo is your homestead, then the wife cannot will it away from you without a prior waiver of your spousal rights to it. If she predeceases you, you have a right to a life estate in the condo, OR to elect to share ownership of it with the daughter 50-50. Your wife cannot sell it without your permission, either. If it is NOT your homestead, then she can will or sell it so long as it was not purchased with any marital funds.

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  • Anything we can do about previous owners not disclosing problems and non permitted work before purchasing

    We purchased our home 9/2014. Everything went well with inspection. There was one thing they were unsure of which was the roof. We had a roofing company come out to inspect it and he said it looked as if the owner had patched the roof himself but ...

    Carol’s Answer

    Was this a For Sale by Owner? If not, you need to take this information to the listing broker (and your broker, too, if not the same). Brokers have some responsibility to disclose any items that were not permitted, which should have shown up when they pulled the tax and property records. If you used licensed companies to do the inspections of the property and roof, they did a terrible job and may be liable - surely an unpermitted addition is an easy thing to spot! Didn't have a pest inspection done? In FL, that should be mandatory as termites are rampant. Who recommended the inspectors to you? If your Realtor, you may have a cause of action against him/her. Seek the advice of a real estate attorney to help you with this.

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