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Neighbors using my land. How do I substantiate the fact that they are doing so WITH my permission to avoid prescriptive claim?
Carol's answer
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Answered on October 26, 2013
First off, you have a common misunderstanding of what Adverse Possession means in Florida. Florida has statutes which lay out the steps which MUST...
2 siblings own home both names on deed we pay all bills including property taxes one wants to sell the other does not, options?
Carol's answer
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Answered on October 25, 2013
Buy her out. The only other option is to sell at a partition sale and request that the bills you paid on the house be reimbursed, less the value of...
Archived
Life estate, what if I cant stay any longer?
Carol's answer
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Answered on October 25, 2013
You need to decide what you want to do. You have two mutually exclusive options; 1) take the life estate, or 2) take the election for a 50%...
Archived
For the existence of a prescriptive easement, is the claimant req'd to use the lands in question WITH, or WITHOUT, permission?
Carol's answer
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Answered on October 25, 2013
Welcome to reading legal opinions! The statement you quote, "Further in either prescription or adverse possession, the use or possession is...
Archived
Do i need legal action to access my aunts home, to find will & other estate papers?
Carol's answer
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Answered on October 24, 2013
Are the pets in the aunt's home??? If so, contact the police department with that information and see to it that the animals are rescued before...
Archived
How do you get your unused retainer back once an attorney is deceased?
Carol's answer
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Answered on October 24, 2013
Well, attorneys in Florida are supposed to have an inventory attorney who will take care of wrapping up their business if the primary attorney...
Archived
I was wondering what legal right I have to keep my brother from entering my property if he had lived there at one time
Carol's answer
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Answered on October 24, 2013
There are many routes you can take both criminally (trespass) and civilly (trespass) but do you really want to go that route? Before you call an...
Archived
If I choose the elective share option, and decide to sell my house later on, I get nothing from the profit??
Carol's answer
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Answered on October 24, 2013
Florida law is very clear on this - it is an either / or proposition. If you choose the LE for the homestead, you have only 6 months after your...
Can I quit claim a motorhome loan to get it out of my name. My exhusband refuses to refinance the loan.
Carol's answer
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Answered on October 24, 2013
No. If you signed for the loan, you are in a contract with the lender. You may quit claim the motorhome to whomever, but the loan will remain...
Archived
My wife and I are the trustees of a trust as well as the successor beneficiaries. Her godfather passed away .
Carol's answer
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Answered on October 24, 2013
This is why Florida Trust Law recommends that trustees hire professional to assist them with the administration of the trust. As Attorney Tylman...