Free Legal Lecture April 22 – “Should You Ever Put Someone Else’s Name on Your Deed?”

“It depends.”  That is my standard answer to many questions.  If you would like to learn more about what to consider in the question of your deed, the People’s Law School offers the free legal lecture titled, “Should You Ever Put Someone Else’s Name on Your Deed?” on April 22nd, presented by St. Johns County Legal Aid.  This FREE one-hour class starts at 4:00 p.m. at the Southeast Branch Library (6670 US 1 South, St. Augustine, Florida). For more information on St. Johns County Legal Aid and their services, go to www.jaxlegalaid.org.   Read More

Inheritance of the Seven Kids

Once upon a time, a mother goat had seven kids.  After a home invasion (in which all seven were eaten by a wolf but rescued by their mother) they lived happily ever after.  The seven kids grew up and moved out, and then one day, the mother goat died. Her homestead passed to her grown kids (as there were no minor children or spouse).  While all seven kids were living when she died, two of them died shortly thereafter.  One of the remaining five was very stubborn.  He did not want to wait for all the legal paperwork; instead, he wanted to sell his mother’s house right away and get the money. The stubborn kid was impatient but he was fair.  Despite the death of his two siblings, the grown kid planned to divide the proceeds equally seven ways, benefitting the heirs of his two deceased siblings.  However, even though the money was going to go where it should have gone, it would have messed up the real estate title, rendering the property uninsurable, and therefore not sellable. So the stubborn kid had to go butt his head against the courthouse until his mother’s house went through probate. Depending on […] Read More

People’s Law School – April 22: ‘Should You Ever Put Someone Else’s Name on Your Deed?’

The People’s Law School is in session again with its series of legal lectures presented by St. Johns County Legal Aid.  The April 22nd topic is “Should You Ever Put Someone Else’s Name on Your Deed?”  This FREE one-hour class starts at 4:00 p.m. at the Southeast Branch Library (6670 US 1 South, St. Augustine, Florida). The remaining spring schedule for the People’s Law School has one more class as follows: May 13 – Do You Need a Will?  What If You Die Without One? All classes are free and start at 4:00 p.m. at the Southeast Branch Library.  For more information on St. Johns County Legal Aid and their services, go to www.jaxlegalaid.org. Read More

‘Watch Man Fighting to Keep Home’

Once upon a time there was a man literate only enough to sign his name.  He needed a loan to help him pay his property taxes; what he got was a lease with an option to buy back his homestead at interest rates well over criminal usury.  This is no fairytale.  See a First Coast News clip about the case at http://link.brightcove.com/services/player/bcpid2857356515001?bckey=AQ~~,AAAACCo2HcE~,Xq6bv4z8O3WrBlTuUCc4XcMYQJmz5JX6&bclid=0&bctid=3386650672001. Read More

Marital Disability

Marital Disability does not mean you get to park in a wheelchair accessible space.  Marriage comes with many benefits, but it also comes with a disability regarding sale of your homestead. There are a lot of different opinions about marriage.  The one the judge has is that you cannot sell your primary residence without your spouse’s permission…even if your spouse’s name is not on the deed. If you bought a homestead before you got married, your spouse does not own that property, but your spouse can prevent you from selling it.  That is not so much a spousal right as it is a marital disability. (Note that if you pass away without a will and with the homestead only in your name, then your spouse and children would share in ownership of the house.  However, if you convey the property from you to you and your spouse, then the property ownership goes solely to your spouse without probate or a will.  Please see an attorney to prepare the paperwork for this transaction to help ensure your intentions are properly fulfilled.)   Read More

Legal Lecture October 24 – “Should You Ever Put Someone Else’s Name on Your Deed?”

It depends.  That is my standard answer to most questions because the answer depends on the circumstances of the individual’s situation.  The upcoming legal lecture, “Should You Ever Put Someone Else’s Name on Your Deed?” gives you factors to consider if you are trying to make that decision. As part of a fall speaker series, this free lecture is put on by St. Johns County Legal Aid, and will be given at the Players Community Senior Center in Ponte Vedra October 24.  Call for the time at (904) 280-3233. The remainder of the speaker series schedule is as follows: River House – Times 10:45 a.m. to 11:30 a.m. November 8 – “How to Avoid the Need for Guardianship” December 6 – “How to Handle Your Kids on Legal Issues” This speaker series is part of the outreach of St. Johns Legal Aid, a non-profit agency whose directive is to provide “A wealth of justice for those who have neither.”  Megan Wall is the managing attorney, and she is available to meet individually with elders at her office (222 San Marco Avenue in St. Augustine) or at River House.  You may schedule an individual appointment through her office at (904) 827-9921 […] Read More

Deeds

Once upon a time there was a mayfly who wanted a piece of property, and he wanted it right away.  “I do not need one of them fancy deeds that a lawyer writes,” he said to himself.  “I will get me one of them ‘quick claim deeds,’ that is a fast deed—I can get it real fast!  Yeah, that is what I want.”  So he went off to the Internet and bought a form and filled it out and had the seller sign it—it was a Quit Claim Deed—and the seller’s liability toward the property ended right there. Mr. Mayfly had wanted to have the property not just to live there himself, but also to pass on as something of value to his heirs.  He built a house, raised a family, and died all in the same day—he had a congenital history of twenty-four hour lifecycles.  His intention, however, did not carry on very long.  In only a few short generations, it was discovered that the man who signed as the seller to the original Mr. Mayfly actually had no interest whatsoever in the property.  Oh he had taken Mayfly’s money all right, but the property was not rightfully his […] Read More

Florida: The Constructive Notice State

Florida is a state of sunshine, beaches, and Constructive Notice on property title.  Most title companies try to make that gap between closing and the time a deed is recorded as small as possible…for good reason. If Christopher Crook sells a piece of property at Title Company A, and then an hour later sells the same property at Title Company B, who is the owner of the property?  Answer:  Buyer B. The buyer at the second closing does not have Notice if Title A has not made it to the courthouse yet.  Once the deed is recorded, then Constructive Notice is given. Read More

Free Class Today: ‘Should You Ever Put Someone Else’s Name on Your Deed?’

My answer to almost everything is ‘It depends.’  It depends on your circumstances and what benefits you stand to gain versus the risks of what you could lose.  In the last class of their spring People’s Law School, St. Johns Legal Aid addresses some of the whys and why nots of putting someone else’s name on your deed. This free one-hour class will meet at 4:00 p.m. at the Southeast Branch Library (6670 US 1 South, St. Augustine, Florida).  For more information on St. Johns County Legal Aid and their services, go to www.jaxlegalaid.org. Read More