John Edward Brown's Answers

John Edward Brown
Bradenton Real Estate Attorney.
Contributor Level 6

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Attorney answers:

  1. John Edward Brown
  2. Keenan M. Post

I need to know if my will and estate are valid.

Asked by a user in Ramrod Key, FL - almost 3 years ago.

Just because you had a will prepared in one state does not automatically invalidate its use in another state. With that said, each state as its own rules when it comes to (1) the type of wills it will recognize as valid, and (2) the method or form of execution. Your best course of action would be to have a licensed attorney in Florida examine your will and any associated documents to determine their validity in Florida since this is your full time residence or domiciliary and if you remain...

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Attorney answers:

  1. John Edward Brown

Can a Buyer's agent write personal check for clients escrow deposit?

Asked by a user in Sarasota, FL - almost 3 years ago.

There is nothing wrong with accepting a personal check from a real estate agent paid for the escrow deposit of his principal. This may not be a typical situation but it is not unlawful on its face.

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Attorney answers:

  1. John Edward Brown

We need help regarding a quit claim deed in Florida

Asked by a user in Boynton Beach, FL - almost 3 years ago.

The use of a Deed to transfer the house PRIOR to death instead of allowing the home to pass through an estate is not uncommon. The transfer is a grant of title to your sister at the time made and now there is no home to pass in the estate or as homestead property to the heirs at law. The transfer to your sister is an absolute one absent fraud. If you can prove she perpetrated a fraud on your mother to secure the deed then a court may void the deed and allow it to pass through the estate....

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Attorney answers:

  1. John Edward Brown

If I own real estate with 4 others and all names are on the deed - can one person sell his 20% or does the whole property go?

Asked by a user in Grayson, KY - almost 3 years ago.

Generally speaking, If the real estate is titlled in all five individual names then each of the owners can sell their undivided 20% interest in the property without the permission or approval of the remaining four owners absent some partnership agrreement amoung all of the owners to the contrary.