Where Does the Money Go if No Beneficiary Is Named On My Deceased Spouse’s Bank Account?
Video Summary
Where does the money go if no beneficiary is named on my deceased spouses bank account? The bank does not release the money to anyone without a court order. If it remains dormant for a long period of time, they may eventually turn it over to the state as unclaimed property, depending on the size of the bank account. You can go to the court if it’s less than the amount of your spouse’s funeral bill and ask the court to disperse it to you. If you paid the funeral bill, that’s called a distribution without administration need the death certificate and you need the paid funeral bill, as well as the bank account statement. If it’s less than $10,000, there’s another procedure for small estates, wherein you could have the money dispersed to you. If it is larger than that, well, then you would need to go through a probate proceeding and whether there’s a will or not a will. So that would be a probate proceeding. So what happens to the account? Nothing until you get a court order or, you have a probate proceeding and the bank receives instructions to deposit or send you the personal representative, a check. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos
What Is a Foreclosure “Rescue” Scam?
Video Summary
What is a foreclosure rescue scam? This is when your house is in foreclosure and you are approached by a company that says, well, we will take care of this for you. We will take care of making the payments and get your mortgage paid off. We need for you to go ahead and sign a contract, agreeing to transfer the property to us, or in fact, even filing to have the deed transferred to this rescue company. What they then do is they don’t do anything. As far as the lender’s concerned, they try and find someone to purchase a property for an amount in excess of whatever is owed to the lender. And then if they find that will then you have lost your equity, any equity in the property, and they are entitled to. They keep the money. They may even have you sign a deed, which they hold an escrow, but the scam is they don’t do anything.
They don’t file anything in the court proceeding. They don’t pay the lender anything. And so you’re sitting there thinking that they’ve rescued you from this foreclosure action. And meanwhile, the foreclosure action just continues to roll along and you lose the property in a foreclosure action and your credit is damaged and that there is a foreclosure action. So be aware when someone comes in and offers to rescue you from this foreclosure action, you should contact an attorney about whatever the action is and have that reviewed before you agree to it. And talk to the lawyer about what your rights are and how you can resolve the foreclosure action, either through a, a deed in lieu of foreclosure or an agreement to a short sale, or a stipulation to judgment and a waiver of deficiency. So there’s any number of other alternatives, but be aware of someone that’s going to save you from a foreclosure action. If you have any questions, give me a call at (727) 847-2288.
- Published in Real Estate - Foreclosure, Videos
How To Remove a Ex Spouse From a Deed?
Video Summary
How do you remove an ex spouse from a deed? The question really should be rephrased as “how do you remove the interest of an ex spouse from the title to the property” and that the deed indicates how the property is titled. The way to do that is to have the ex spouse sign a deed, conveying their interests. If the court, if the judgment of disillusion of marriage is handled by a lawyer, the lawyer and the property settlement agreement is provides that the spouse is to convey their interests. The lawyer can insert into the final judgment rewording that the judgment shall serve as a conveyance of the ex spouse’s interest in the property and serve as a conveyance to the other spouse. If you have a situation where you did not have a lawyer and that language does not appear in the final judgment, and you have a property settlement agreement, which the court adopts, and that’s where one spouse has agreed to transfer the, their interest in the property to the other, the court usually reserved jurisdiction over the parties and their real estate to comply with the provisions of the property settlement and the final judgment.
And that instance, you can file a motion to and force the provisions of the final judgment that has incorporated the property settlement agreement. So if you have any questions about getting a deed from ex spouse, will give me a call at (727) 847-2288.
- Published in Real Estate, Videos
What Are “Guardians Ad Litem”?
Video Summary
What are” guardians ad litem”? That is a term used in litigation. Whenever someone’s appointed to represent the interest of someone. An example of people who they’re appointed to represent is if you have what they call on unknown spouses are unknown heirs. They may appoint a guardian ad litem to represent this class of people in the litigation so that their rights are protected. Or if you tried to serve this person or cannot locate them and you want to be sure that their rights are protected whenever the court makes a judgment, you ask the court to appoint a guardian ad litem, to represent the interest of a defendant who you have served through construct the service of process. And, so that the guardian ad litem can appear and verify that you’ve either made service or process or had the person file something in their behalf. But that’s what a guardian ad litem is. It’s used in litigation to protect the interests of people who do not appear. And you’ve tried to serve through constructive service or through publication. If you have any questions about a guardian ad litem? Give me a call at (727) 847-2288.
- Published in Guardianship, Videos
What Is A Prescriptive Easement?
Video Summary
What is a prescriptive easement? A prescriptive easement arises when someone uses someone else’s property to travel across it to get to their property or to access something at another location. And they do this for a period of years, and I believe it’s seven, but I would have to double check that, but it has to be for an extended period of time and they keep going over the same trail or pathway. For this roadway or dirt road, for the prescribed period of time. And it has to be without the owner’s permission. And then after the required period of time, then the person can then file an action to have a prescriptive easement, which is to them so that they have a right to continue to use this easement as long as they want to. And the owner of the property has to allow them to continue to use their prescriptive easement. It’s very rarely do you see an action for prescriptive easement, but, and they’re difficult to prove but, that’s their criteria. And I’m not sure about the time period that the, prescriptive easement has to be used at virtually before you’re entitled to the habit judicially determined to be a prescriptive easement. If you have any questions about prescriptive easements, give me a call at (727) 847-2288.
- Published in Real Estate, Videos