Video Summary

Can I sue someone for not showing up at a probate hearing? Well, no you cannot because a probate hearing is whenever the judge is going to be passing on something that usually is a contested matter. So if it’s contested and the other party doesn’t show up, that means you will probably win. And so you’ll win by default. Otherwise, most of the probate proceedings in Florida that are uncontested will basically not have to have a hearing or if it’s a hearing is uncontested. If you have the executor or now we call them personal representative is not doing what they need to do, well then you file a petition to have them removed. And then of course, that is a contested hearing. And if they don’t show up, well you’ll probably win. So you do not have a separate lawsuit over someone not showing up for a probate proceeding. If you have any questions about probate proceedings, give me a call at 727-847-2288.

Video Summary

Between an easement and an offset or setback. An easement is where you have granted a right to use your property to someone. Usually it has to do with utilities and it’s shown on your plat or whenever you purchased the property, the developer set aside, let’s say, ten feet on the back of your property and allows the utility companies, like water, sewer, cable, to use that property. You own it, but someone else has the right to use it. Also you could grant a private easement for someone to drive in across your property, which would also be an easement, whereas an offset or a setback is something that’s imposed by the building department and the county or city where you’re situated, and they prescribe how close you can build to a property line or construct things close to the property line, and that’s called a setback, and that’s controlled by what kind of zoning you have, and as far as commercial property or residential property. And that’s how close you can build your structures.

Some of this is based upon public health and safety, and that they need … you talk about putting a fire truck or whatever between the properties on the rear setback, that has to do with your neighbors being able to, as far as view, and things such as that. So hopefully that answers any questions you have on the difference between an easement and an offset, which is really a setback, which is prescribed by a county or city as to how close you can construct something. If you have any other questions, give me a call at 727-847-2288

Video Summary

What happens if I do work myself without a permit to my home?

Well, if you get caught, well, the building department would then require you to pull a permit, which they would charge you for that. You have to submit plans in order to be able to keep the work or whatever you do without the permit in place. Or, you have to take it all out and remove whatever improvements you made to the property without the permit.

The first thing you would need to do is determine whether or not you’d need a permit to do the particular work. Then, if you proceed without a permit or have someone do it that doesn’t get a permit, that’s the problem that you face.

Usually, un-permitted work is not discovered unless someone reports you. As far as that’s concerned, they investigate a complaint, but those are the consequences if the county finds out about it and sends a code enforcement officer out to look at the property.

You don’t have to let the code enforcement person in your property or on your property without a search warrant, which slows things down, but if they can see it from the road, well, that’s a problem. Then they can cite you.

If you have any other questions, well, give me a call and I’ll be glad to answer them at 727-847-2288

Video Summary

If I live in an unincorporated area, that means that you don’t live within the city limits of a city, so you live in the county. So that is what an unincorporated area is, and so you’d be governed by the county ordinances and pay the county taxes. If you’re in an incorporated area or an area where you’re in a city, well then you’re governed by both county and city ordinances and you pay both city and county taxes. So if you have any other questions, give me a call at 727-8417-2288.

Video Summary

If a contractor runs off with my money, well, it’s difficult to try and recover this. But if it’s a licensed contractor, you can submit a claim to the Construction Licensing Board. It’s under the Department of Professional Regulations, and they have a fund. I don’t know if that fund has any money in it. During the recession, it did not have any money, so the claims would have to be paid later on.

Before you’re able to make your claim, though, you need to sue your contractor and get a judgment against him in order to file your claim. Also, you’re not entitled to recover any attorney fees for filing your claim against a licensed contractor. The best thing to do is to make sure that the contractor is licensed so that you do have a recourse, and then if he runs off with your money, then you file a complaint with the building department in the Department of Professional Regulations and maybe pulled his license and complaint, and then sue him and get a judgment and make your claim with the Florida Department of Professional Regulations as far as whatever type of contractor he is.

If you have any other questions, you give me a call at 727-847-2288.