What Steps Are Needed to Seek Guardianship or Conservatorship for an Incapacitated Relative in Florida?
Disclaimer: This article provides general information on Florida guardianship law and is not legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer Under Florida law, a court may appoint a guardian for an incapacitated adult who cannot manage personal or financial affairs. The process follows the Florida Guardianship Code, […]
Read article →How can original wills and codicils be located and verified before opening probate in Florida?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Before opening probate in Florida, you must locate and verify the original will and any codicils. Florida law requires the original document to be offered for probate within 10 days of the decedent’s death (Fla. Stat. §733.6021). Without the […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Florida
Detailed Answer In Florida, if you need to recover personal property, you can start a replevin action under Chapter 78 of the Florida Statutes. A replevin action allows a person to recover possession of specific personal property wrongfully held by another. A critical document in this process is the affidavit of collection. This sworn statement […]
Read article →What Information and Documentation Are Required to Verify All Individuals With an Interest in Real Property in Florida (FL)?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation. Detailed Answer When you or your title agent investigates who holds an interest in Florida real property, you must verify each party’s identity and authority. Documentation varies by the type of […]
Read article →How can an interested party determine if surplus funds remain after a foreclosure sale in Florida?
Detailed Answer When a Florida foreclosure sale generates more money than the outstanding debt, state law requires the clerk to deposit surplus funds and make them available to claimants. Under Florida Statute 45.032, any interested party—including the former property owner, junior lienholder, or judgment creditor—can discover and claim these surplus funds by following these steps: […]
Read article →What Steps Are Required to File a Petition Claiming Surplus Funds from a Foreclosure Proceeding in Florida?
Detailed Answer Under Florida law, a party seeking surplus funds after a foreclosure sale must follow specific procedural steps laid out in Florida Statutes § 45.031 and § 45.032. Surplus funds arise when sale proceeds exceed the amount owed to the foreclosing creditor and other lienholders. Claimants include junior lienholders, mortgagors, or other interested parties. […]
Read article →Do I get any ownership interest in Florida real property if I am paying the mortgage?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer: Mortgage Payments vs. Ownership Interests in Florida In Florida, legal ownership of real property is determined by the name listed on the deed, not by who makes mortgage payments. If your name does not appear on the deed, you […]
Read article →How to Determine if Other Creditors or Lienholders Could Have Claims to Surplus Funds under Florida Law
Detailed Answer When a foreclosure sale generates surplus funds, Florida law requires the clerk of court to hold and distribute those funds to valid claimants in a specific order. To determine if other creditors or lienholders could have claims to the surplus, you should follow these key steps. 1. Review the Clerk’s Notice of Surplus […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Florida?
Detailed Answer In Florida, the personal representative (formerly known as the executor) oversees the administration of a decedent’s estate under Chapter 733 of the Florida Statutes. The process and key steps include: Identify the proper court: File in the probate division of the circuit court in the county where the decedent resided. (F.S. 733.201) File […]
Read article →What options exist for establishing authority over an elderly heir’s personal and financial decisions in Florida?
Detailed Answer If a loved one ages and faces difficulty making personal or financial decisions in Florida, two main legal paths allow you to assist: a power of attorney and a court-appointed guardianship. Each has unique features, benefits and formal steps under Florida law. 1. Durable Power of Attorney for Finances A durable power of […]
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