Can I Force My Sibling to Sell Property, Which I Own with Them Jointly?
Video Summary
Can I force my siblings to sell property, which I own with them jointly? The answer is yes, you can. If you have any interest in real property of the possessory interest entries, a fractional share of real property, you can file what they call a partition action. Partition action is where you sue the other co-owners of the property, ask the court to appoint what they call a special magistrate, which is a third party who will list and sell the property and none of the beneficiaries have to sign the deed. Then all the money is held with the clerk of the court or with the closing agent from the sale of the property. And then the expense of bring the partition acts, including attorney fees, is then distributed pursuant to a court order, to all the owners and their fractional share. So if you owned a half interest, you would be entitled to one half of the net proceeds. If any owner of the property would have paid taxes or insurance, they’re, they may be entitled to a special equity for these taxes and insurance that they’ve paid, which would come out of the net proceeds. If you have any questions about a partition action, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Real Estate – Selling, Videos
If I Put My Children on My Deed, Can They Force Me to Sell My House?
Video Summary
If I put my children on my deed, can they force me to sell my house? The answer is yes, because you make them a co-owner of the property, they can file an action called a partition action where they sue and asset. A third party called a special magistrate is appointed, and the special magistrate can then list and sell the property for and divide up the proceeds pursuant to the share of the party’s interest in the property. There are other problems in adding your children to the deed, such as when it’s sold, they don’t get a step up on a basis. You may lose a portion of your homestead exemption. It may be a problem also if you have to qualify for Medicaid. I suggest that if you are going to do this for the purpose of estate planning to avoid probate and to put your children on the deed, it is that you sign what they call a lady bird deed or an enhanced life estate deed, and that’s where you convey to them the property. However, you reserve all the rights of ownership during your lifetime, as well as the right to sell the property, keep all the proceeds, or even change who receives the property during your lifetime. You reserve all those rights. And so I’ve been using these type deeds for many years and they work very well, but you do not want to add your children to your homestead property or to the house, to your property because they can force the sale and has other adverse consequences for both you and them. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate – Selling, Videos
What Kind of Decisions Can a Health Care Proxy Make?
Video Summary
What Healthcare decisions can a healthcare proxy make? The ones that are drafted or eye draft called designation, this healthcare proxy as a healthcare surrogate. The healthcare surrogate can make just about any decision as far as your health is concerned, although those decisions can’t override your decisions. So, if you give written or oral instructions to the medical provider or whoever’s giving this to you, the Healthcare surrogate can’t use their discretion to override those decisions. So if there’s any restrictions you would need to review the healthcare proxy form to see that, number one, it is comprehensive, but two, if there are any restrictions in conjunction with that, I have drafted them where there are restrictions, particularly for folks of a particular religious denomination as far as blood transfusion and the administration of certain drugs as far as that’s concerned. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos
What Should I Do if My Fence is on My Neighbors Property?
Video Summary
What should I do if my fence is on my neighbor’s property? Well, if your neighbor doesn’t object to it, I suggest you just leave it there. Number 2 is if your neighbor objects to it, well, then you may want to get a survey and to move your fence as far as that’s concerned. Another option that I’ve seen is if the neighbor and you and the neighbor get along fine, but they’re concerned that when they get ready to sell the property, it might be a problem entering into an agreement that everyone’s in agreement that you can leave your fence there for the time being, and then you agree to move your fence whenever they ask you to. If it’s not a problem, then they basically put it off until such time there is a problem. Many people are concerned that if you have a fence that somehow they lose that property that’s inside the fence line and you can basically, they do not, and that you’re not establishing any ownership of that property, which is also a concern, which I guess you, how you convince your neighbor that you’re not going to claim their property. The other, if you can, if the neighbor would grant you an easement, that would be another solution that says that you are allowed to maintain your fence on their property. But otherwise, if the neighbor is insistent that the fence be moved, I suggest that you move the fence. My phone number (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Can You Remove Someone from a Quit Claim Deed?
Video Summary
How can you remove someone from a Quit claim deed? Well, if the best way to do it or the easiest way to do it is simply prepare a deed and have them sign off conveying it to the proper person or whomever wishes to own the property. If their name was put on this Quit claim deed or the Quit claim deed file and they had no interest in the property and a constant and their unwilling to clear up this title problem, then you must file what they call a suit to quiet title. That’s where you sue them saying that they had no authority to have their name placed on this title, and then have the court determine that they have no interest in the property and that your title is free of any lien or any claim that that person may have. So if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos