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Is my security deposit for a residential lease ($1000.00 ) discharged under my Chapter 7 Bankruptcy
case?
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Answered on November 26, 2013
A security deposit is not advance rent and cannot be used by the landlord as such. It is collateral held in case you damage the property. Florida...
Archived
If I file bankruptcy in Florida can I include creditor who is currently garnishing wages
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Answered on November 06, 2013
If the creditor is a general creditor who has a judgment, typically yes. However, certain creditors are non-dischargeable, or may object to the...
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Do we need three attorneys for probate , one for each of the people who receive the assets or can one attorney handle.
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Answered on November 05, 2013
Ms. Gerling is correct. One attorney can represent the estate. However, the attorney does not individually represent each beneficiary. If any of...
How is real property transferred in a Summary Administration if there is no Personal Representative appointed?
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Answered on November 03, 2013
Good question. I will assume that you are correct that a summary Administration was the form of probate, as opposed to a formal...
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Do I have to probate or not?
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Answered on October 30, 2013
First you need to determine if the deed was owned in equal, but separate shares (tenants in common), or in both names with a right of survivorship....
Archived
I have to probate my mother's estate, property in 3 counties, do I have to open ancillary estates or just one?
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Answered on October 18, 2013
An ancillary administration would only be for property that is not located in this state. If all the properties and assets are located in the...
Archived
Can the survive spouse live "rent free on a homestead"?
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Answered on October 16, 2013
I would love to read the article. That is not correct. You may be entitled to a life estate in the property, or the entire interest, depending on...
Archived
What does a bankruptcy do if it does not: 'Bankruptcy does not get rid of judgments or avoid liens'.
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Answered on October 15, 2013
There is a difference between discharging debt and removing liens from a public record. The bankruptcy discharges you from most debts, sothe...
Archived
Florida probate question
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Answered on October 15, 2013
Estates with multiple properties in different states often take longer to probate. Sometime years, especially when you have title issues, tenants...
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In the state of Florida, can someone change the executor of a will with a notary or should an attorney be present?
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Answered on October 13, 2013
The first attorney is very accurate. The only thing I would add is that this can be done as a codicil, by keeping the original will and changing...