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Steven W. Ledbetter
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Steven Ledbetter’s Answers

135 total


  • May I submit a residential eviction for a property which I hold 50% ownership on?

    My son sold the deed (the note), mortgage to a friend who qualified for lower mortgage rate and quit-claimed the house 50/50 between himself and the friend. My son died, no kids, no wife, I adquired via probate case the 50% ownership of the proper...

    Steven’s Answer

    Many homes in foreclosure are being rented by the owners, and since the property owners are not paying the mortgage, a nice profit is earned.

    While it will take more than a simple eviction (probably) to obtain control of the property again, I highly recommend that you speak with the co-owner on this matter.

    To your question: an eviction may work (real world: they might not contest it); however, they may also have a valid defense if there is a lease agreement/permission from the other owner.

    I recommend you consult with your attroney.

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  • Can a homeowners associastion in Fl keep your son or daughter from living in your townhome?

    I own townhome in a home owners community. I an not living there now an want my son or daughter (adult) to relocate and live there to remodel and keep up the unit. No rent ,no leasing. Can the association keep one from living there?

    Steven’s Answer

    I agree with the above posted answers. The trick is to review the bylaws and CCRs.

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  • Is there any statute or legal precedence in FL that limits or defines "reasonable fees" for preparation of an HOA payoff letter?

    I am trying to obtain an HOA payoff for a bank on a recently foreclosed property. There is a Master Association and a Sub Association. The HOA charged an estoppel fee of $600 per association ($1,200 total) only to respond stating that the accoun...

    Steven’s Answer

    I'm not sure if there is a legal answer to this question, so much as a "real world" issue. While it is impractical for them to charge such fees, there must be a reason. Have you reviewed the CCRs, HOA bylaws, etc.?

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  • Are the transcripts kept in probate court in shelby co. ala.for the hearing to close my stepmothers estate

    i called the clerk of the court and she said they did not have transcripts.she told me that the attorney for my stepmothers estate brought his own transciber and he could provide me the transcripts.i did not sign the agreement for the co person...

    Steven’s Answer

    I agree with the above posts. You need to take a proactive role in this administration. Communication is key.

    Note: tangible personal property (like the ring) is sometimes difficult to locate in situations where family members do not get along or where one party has "sticky fingers".

    Best of luck.

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  • My mother died 10 days ago. She had reverse mortgage that was underwater but does have assets. I'm named beneficiary.

    Will I have to repay difference in sold price and amount of loan from my inheritance as a beneficiary? All assets but the house have named beneficiaries so will not be probated.

    Steven’s Answer

    I recommend reviewing the mortgage instrument/document that creates the reverse mortgage. In some instances, the estate (and beneficiaries) are not liable for any deficiency.

    I recommend hiring an attorney to assist with the probate process, as applicable, and that attorney will be able to provide advice specific to that mortgage after reviewing its terms.

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  • How do i remove myself from lawsuit of fathers estate for unpaid taxes in state of TX

    My father passed away ( 2 yrs ) He died with NO Will. He left a debt of unpaid property taxes in state of Texas. His taxes are more then the home is vauled at. I do not want or seek any gain. There are 4 siblings, which one has passed but ...

    Steven’s Answer

    First, I recommend that you contact a lawyer in TX.

    Commonly, however, if taxes remain unpaid for long enough, the property will be auctioned to the highest bidder so that the taxing agency can recoup something. For this reason you'll want to pay attention to any timeframes and deadlines that might be applicable to the payment of the taxes.

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  • My grandfather died 9 months ago in Kansas. I'm the executor, do I need to file the will and/or Determination of Descent?

    The property is a small estate mainly consisting of land. The will states that property is to be divided evenly among his daughters. There are no creditors or back taxes.

    Steven’s Answer

    You'll most likely need to do a probate administration in KS. Real property can be devised numerous ways, and the probate process, which is basically the marshalling of assets to proper beneficiaries, will provide the steps to accomplish same.

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  • How long do attorneys are required keep records in probate?

    I had one attorney for a probate matter but he was released because couldn't finish so I got a second attorney in a different firm. How long does the first attorney have to keep his records, the case is still open?

    Steven’s Answer

    The FL bar suggests keeping files for at least 6 years. Many attorneys keep files digitally (paperless), which would mean they keep them forever.

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  • Can my step mom interfere with change of guardian papers if real mom gave permission to move but got mental instituted? Fl

    I recently moved from my step moms be cause my biological mom gave me permission to leave (my dad passed away). My mom was writing a letter to get notarized giving guardian rights over me (im 17) to a close friend's mother. Before my mom could get...

    Steven’s Answer

    While you're 17, you might look into emancipation so that you can make your own decisions.

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  • Sister is executer of my Mother's Estate..can a convicted felon serve in this role in the state of Texas?

    Her background check has charges of Poss Cs Pg 1 < 1g in 1998..convicted. In 2007 also convicted for Poss Marij. < 2oz. and was also charged with Poss Cs Pg 1 < 1g which was deferred? My research is showing a convicted felon cannot serve as exec...

    Steven’s Answer

    Texas Probate Code: Chapter V, Part 1:
    Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. No person is qualified to serve as an executor or administrator who is:
    (a) An incapacitated person;
    (b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;
    (c) A non-resident (natural person or corporation) of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court;
    (d) A corporation not authorized to act as a fiduciary in this State; or
    (e) A person whom the court finds unsuitable.

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