Legal Question in Wills and Trusts in Florida

Post- Mortem Divorce agreement enforcement & Poss. Easement

Facts: Step-mother had been divorced from my dad for 18 months but never finished conforming to

divorce decree. Dad died without several pieces of real estate in another state to be transferred

(per court divorce decree) back out of joint ownership into his trust. She signed real

property back out of joint name that was in florida. Other property in north carolina and if owned jointly and he dies, it is hers.

Q.& A. Should this not be responsibility of estate's attorney? [It can be. Specific

Performance of a Contract.]

Can i go after her for atty. fees etc. to protect his interests prior to it being entered into

probate? [Unknown. I don't know NC Law.]

Can she be criminally charged or sued for more than atty. fees? [No. She didn't break any

criminal laws & was just slow {on purpose.}]

Should i be represented and if so, by probate or divorce atty? [Divorce is done. Probate is

pending. You should get the best Atty. you can afford. Estate can hire another atty. to

pursue, if Probate atty. is not litigator.]

Facts: Property purchased 2 years ago. Storm drain on property about 20 years. Hooks up with

4 other drains and dumps on property. The storm drain is uncapped and has a large amount of

water standing behind it and fish swimming around. County has no drainage easement and pretty much says "tuff", it has been there too long. Concerned that it is an open and dangerous

condition and a health hazard. There is enough water for a child living in the neighborhood to

falling it and drown. I asked them to cap it or to move it and make a retention pond. They say if i donate the land they might consider doing so. I offerred to sell the land (2 acres). Large retention pond (5 acres) & about 15 feet higher than my property and less than 1000 feet, i suspect some of the properties "wetness" has to be due to the retention pond.

Q DO I have a leg to stand on? Or do I end up liable for the drain?

A. You are liable for hidden dangerous conditions on your property. If it is open and obvious, then you should not be liable. You should POST your land with no trespassing signs and /or put up a fence and take pictures and keep them. If you want to invest some $, first thing would be to get an accurate Title Search and survey and then possibly hire an engineer and find out if the other retention pond is a factor. If too much time has passed, then an easement might have been created for the drainage of the other four drains. Who would clean if storm caused it to plug? If no one, then you should be able to remove it.