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Florida Coastal School of Law
J.D. (2013) | Law
Florida Agricultural & Mechanical University
B.S. (2010) | Philosophy & Religion
Honors: Magna Cum Laude
The Pendergraft Firm LLC
Real Estate Ladies Rock The Rehab, Real Estate Ladies Rock The Rehap, Washington, DC
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Real estate investing class for women. I spoke on joint venture agreements and LLCs for real estate investors.
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Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
A: The Bad Answer: Assuming the deed is a marital deed between your mom and stepdad, once your stepdad died the property was solely hers. If she dies without a will, then the property passes down to her heirs. This can be just you, or both you and your stepsibling if she adopted the stepchild.
The Good Answer: Your mom could just do an estate plan to decide how her estate is divided when she dies to avoid fighting amongst heirs and to minimize expenses.
A: You can still evict them. I would first attempt to evict "the owner and all occupants" using a forcible/entry and detainer action. If the person living on the property ends up being the former owner then congratulations! If the person living on the property is not the former owner, then they may have some defenses (tenants in foreclosure situations have certain notice requirements that may or may not have been met in your case but I don't know since I did not do the foreclosure), but they should still come to court. You can ask him or her who they are and go from there.