All Forum Posts by: Michael Carrington

Thanks @Long D. I currently have an attorney out of South Florida who will assist in initiating the Probate precedings in the State of Florida. He advised that because the Will, registered in Ontario Superior Court of Justice, lists several properties (two in Canada and the one here in Miami) and my Aunt's Canadian Citizenship status we would need to obtain and conclude the process in Canada prior to starting the process in Florida. On Tuesday I found an attorney in Toronto who can assist. 

Once again many thanks to you and @Larry Smet.

Hi @Larry Smet and others. I know this is a little off-topic but I can't seem to locate a 'discussion' that focuses on locations outside of the US.

Do you know of or have any recommendations for a Probate attorney capable of assisting me and my family on a Will that is based out of Toronto? There is a house in Florida that is tied to this Will but the family cannot assume title until the Will is probated in the Toronto Courts.

Any leads would be greatly appreciated.

Thank you

@Rick H. I am NOT a Pro member on BiggerPockets. The initial forum posting has a character limit. My initial question was succinct, to the point and with the goal of starting a conversation about a topic I know/knew very little of. I have learned quite a bit since I posted the same question on here and across my other social media.

@Wayne Brooks Was any probate for either of the two listed owners opened? Not sure, I'm having an attorney go through family court documents at this time. 

Was this will naming your grandmother ever filed in the court system anywhere? Yes, there is a Miami-Dade County database listing the will of one of the owners. I spend Sunday looking for the will with my maternal grandmother, we couldn't find it and she normally keeps great records. My attorney is helping me access the will recorded with the county. 

If neither, then there are no court documents to access. My mother has worked with government records all my life, she identified a litany of "FCP" family records filed with the county during the late 80's and early 90's during the time of the passing of the original Deeded family owners. There are certainly court docs with 'Letters of Administration', 'Terms of Trust', and other matters. 

You've also got those pretty substantial code violations to negotiate out. True! I just want to sort out who, either in my family or otherwise, has had their fingers in the property because I don't want to pay the taxes for someone else and not have claim to the property. If successful in this process, I will work on negotiating down the violations.

It is a problem since 1) the family has been feuding over the property for the last 20 years, 2) the two owners listed on the county property appraiser website are deceased, 3) my living grandmother is listed in the will as a beneficiary to of the estate, and 4) paying the taxes won't guarantee that my grandmother and I have title, we would just be paying the taxes for an extended family member (living in Canada) to have access to the property.

I am not afraid of attorney fees, I've worked with attorneys at a board level for several years at my last job in Australia. This situation is more complex then it seems and unfortunately it requires an attorney that has access to Florida family court documents to research the Will of one of the deceased owners and a few other court docs.

Thank you all! It seems that at this point I need to "hunker-down" with my family and proper legal advice to get this situation sorted.

Thanks all! After working deep into the night I've discovered that the property will be going up for auction in mid-September 2016. The history with this property is colorful in my family:

I have records showing that my grandmother (alive) used to be listed as the trustee of my great-aunt's (deceased) estate (which includes this property). My grandmother was removed over 25 years ago but was listed in the will of one of the title holders.

Since this is the case, I want to seek legal council regarding the likelihood of ordering a stay or delay of the auction while we locate the will so that my grandmother can claim title, pay the taxes, and own the home.

Is this realistic or a pipe dream given the timeframe?

(Florida bar attorneys considered)

The property is located in Miami-Dade county and the total taxes owed is $17,322. The 2015 section of the 'annual amounts paid' summary notes an "Issued Certificate" in 2015 with a "Face Value" of $3857 and "Rate" of .25%.

I'm beginning to wonder if we've already lost title to this property.

Hi, there is a free & clear property in my family in which taxes have not been paid and the home is going up for auction. Can we save this property before the auction?

I am in the Miami area and flip houses in the Miami-Dade and Broward counties. 

If you are looking to attend real estate 'meet-ups' then consider joining the "Miami's Tier 1 Real Estate Networking Group". We hold meet-ups designed to get you in touch with local professionals whether it be (cash buyers, private money lenders, hard money lenders, sell-side bank lenders, contractors, or fellow rehabbers).