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How does the real estate deed need to be formatted? Well, the first thing you have to do is, show who the grantor is, or the person who owns the property, whose conveying it to someone else. That person that they’re conveying it to is called a grantee. We need to have their name in the deed and we also need their address. Then you next need to show that it’s what the consideration is, whether it be $10 or it’s a gift or the dollar amount that the, this transfer is being made for, then you need to put in a good legal description, just not what the property appraises says it is or what the street address is. You need the legal description in it. Then, you need to have magic words in, in the deeds of conveyance, such as they grant convey transfer. So quick claim, all of those indicate that your transfer, the title, and then you have the legal description. Then the deed must be signed the presence of two different witnesses. And then you have to have an acknowledgement. That’s not a, a sworn statement, but an acknowledgement by the person doing the conveyance, the deed needs to be signed the presence of these two witnesses. So that’s the format for a deed in Florida. If anyone’s viewing this outside the state of Florida, I am not telling you what’s required in those states, but that’s pretty much the format that you need for a deed. I know the, the clerk of the court may require the grant tour to put their address in the property. We also put down the marital status of the grant tour and that if it’s his home, he needs to be single, or if not, he needs to have his spouse join in the deed to convey property and show that their husband and wife, or if he’s single or just what his status is. So if you have any questions about, the deeds, uh, give me a call at (727) 847-2288.

 

 

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I live on my mom’s property and she died. Do I have squatter’s rights? The answer is no.  You do not have any squatter’s rights. As far as living on her property, her estate would need to be probated, in order to determine who she left the property to, and whoever is the owner. And hopefully if you are an owner, you do have the beneficiary so that you would wind up being the owner of her property. As an owner, you have a right to maintain possession of the property, as non exclusive. So, if however, you are not a beneficiary and it passes to someone other than yourself or to other parties, other than yourself, they would have a right to have you removed. That’s called an unlawful detainer action, which is a, basically an eviction of someone who is not a tenant. And so you do not have any squats rights, not that squatters have any rights, to stay on the property. If you’re not, the owner of the property, or have rented the property. If you have any questions, give me a call. Its 727) 847-2288.

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Should a bank account of the deceased person be closed immediately upon death? First off is we would need to determine whether or not as a joint account, if it’s a joint account, particularly between husband and wife, I do not suggest that it be closed immediately. The reason for that is if a check comes in payable to the decedent, you need to have some place to deposit it so that you wouldn’t have to go through a probate proceeding in order to cash the check. If however, the account is just in the decedent’s name,  I suggest that you may want to deliver a death certificate to the bank and ask them to freeze the account. You would then need to go through a probate proceeding in order to close the account and collect the proceeds. So if you have any questions about how to collect the money from a decedents bank account, give me a call at 727) 847-2288.

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What can I do if my neighbor is harassing me? Well, 1st off, we need to determine what you mean by the neighbor harassing you. Many times I get calls from folks with a neighbor is continuing to call code enforcement or call the county to come out and check on about any potential code violations or anything else. And they’re using the government to harass you. As far as that’s concerned, under those circumstances, you have no recourse against your neighbor. The only time that you would be able to do anything about your neighbor, harassing you is in the event that they would break the law. Such as you know, them calling you or whatever. And then you need to report that to the Sheriff’s office, or the police  to file a complaint and have them investigated and charge them with a crime. But unless they are committing a crime, I’m not aware of anything that you can do as far as harassment. There, I did see recent case where the neighbor was shining their spotlights into the neighbor’s windows or patio next door. And there was an action as far as that’s concerned, but usually with harassment, unless they’re breaking the law, there isn’t much. My phone number’s (727) 847-2288.

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Can I legally access a deceased person’s email account? The answer is no, you cannot. There is specific language that needs to go in into a will, which provides the personal representative when appointed by the court to have these powers, to be able to access electronic accounts. And that legislation was passed and they negotiated with Google and some of the other major companies in order to have the language, which would be recognized and authorize the personal representative to access these accounts.  I won’t go into the practical aspects of that, but that’s the answer is without being appointed the personal representative with those powers, well, you are not, legally supposed to access the electronic accounts of the decedent.  You can call me, although I don’t have any expertise and I’ve never had to have a personal representative have to use those powers. My phone number (727) 847-2288.