ADVICE ON PROTECTING OFFSITE PROPERTY

[Pa]

Some people can be really immoral. Some people can be really stupid. Some people can be both.

can be -> are

 

[dburanich]

One big question, with no water or power, are they still using the toilet? Is it on city sewer? I assume that there are no septic systems in Miami, and if they are getting water, and using it to flush a toilet, then there could be some charge for the sewage going out....

They had a fix for that. They used my sister-in-laws bank debit card to pay a $700 security deposit for new electric and water service and put it in one of their names so we could not turn it off again.
I have a feeling they may have done this before. They seem to know how to exploit the system.

 

[Clix Pix]

Wow! These people need to be arrested and for at least the next several years be the "guests" of the federal or state prison system.

 

[rick_reno]

You’re lucky, they could have done what my neighbor (retired LA cop) does. He seeks out older, single women and after befriending them takes them to his lawyer where a new will is drawn up naming him as the inheritor of her property. It’s disgusting, after he told me what he was doing I stopped having any conversations with him. He refers to them as “gift horses”. I won’t even look at this POS anymore.

 

[JLH]

When I see new posts on this thread I am always hoping to read about these criminals being arrested and being held accountable for what they have done. Clearly they know how to work the system. Over the years I have a couple of friends who have gone down this path and pulled their hair out trying to get justice. I hope these slim get what is coming to them.

 

[dburanich]

When I see new posts on this thread I am always hoping to read about these criminals being arrested and being held accountable for what they have done. Clearly they know how to work the system. Over the years I have a couple of friends who have gone down this path and pulled their hair out trying to get justice. I hope these slim get what is coming to them.

Their day will come.
With the technology we have today I would be very surprised if they did not leave some type of evidence. If they arrest three of them who we feel are the most likely, one of them will work a deal at the expense of the others. One of the things that really got to the the officer taking the report, they maxed out one of her credit cards that had a very low limit, smart move on her part. On the same day they maxed it out they called the credit card company to ask for a credit line increase. Needless to say the card company denied the request. The police requested a copy of the denial letter.

 

[dburanich]

Latest Update.
Another bump in the road.
Apparently my sister-inlaw's will did not have the identification of the witnesses to her signature on the will.
All they needed would have been a copy of their drivers licences as identification and such identification noted on the will
Fortunately the attorney who wrote and notarized her will is still alive and practicing.
He's 90+ years old and still going strong.
The witnesses to the will are still alive but a notarized court statement is needed.
Had the attorney who wrote the will or the witnesses no longer be around it would have certainly delayed things even further.
I understand the courts need to be accurate but what is the use of having a notary sign a document if there may be some uncertainty in the future?

 

[Mike Buckley]

Apparently my sister-inlaw's will did not have the identification of the witnesses to her signature on the will.
All they needed would have been a copy of their drivers licences as identification and such identification noted on the will

I was the executor of my aunt's estate in Miami-Dade County in 2008 and 2009. I'm looking at my aunt's will and there is no identification of the witnesses to her signature. The estate's attorney never mentioned it as a concern to me or that the probate judge had ever mentioned the need. The estate's attorney was also the attorney that drew up the will and was the notary that signed it.

If you become interested in considering a change in attorneys, contact me privately to obtain the contact information of the attorney I used. He had been selected by my aunt before she died.

 

[Wile E. Coyote]

Woops! That sounds like Malpractice by the attorney who wrote the will...that's what they are paid for...the expertise NOT to make mistakes on simple, boiler plate stuff like that! If he/his staff were making those kinds of mistakes...probably 20 + years ago, a change of attorneys may be indicated. It's really not funny, but somewhere in the future, you may be able to smile about it!

 

[dburanich]

Woops! That sounds like Malpractice by the attorney who wrote the will...that's what they are paid for...the expertise NOT to make mistakes on simple, boiler plate stuff like that! If he/his staff were making those kinds of mistakes...probably 20 + years ago, a change of attorneys may be indicated. It's really not funny, but somewhere in the future, you may be able to smile about it!

He wrote the will for her in 1997.
We didn't know he was even still practicing.
We went with someone else.
From what we are hearing from our attorney those in charge of Probate often change their minds on what is acceptable and what is not. What may have been acceptable many years ago may not be today.

 

[Wile E. Coyote]

Good luck to you!

 

[dburanich]

Good luck to you!

Another twist to all of this today.
The attorney advises that the utilities should have never transferred the utilities to someone else's name without seeing a lease or deed. They are illegally in the house. So the utilities are legally bound to terminate service regardless of the Coronavirus. We'll see how this one plays out.

 

[dburanich]

UPDATE!!

Yes this is still going on.
Covid has put a moratorium on evictions so that really tied our hands.
The moratorium is now over.
Our attorney went there this morning with three Sheriff Deputies and a tow truck to retrieve my sister-in-law's car. He gave them a verbal request to vacate. They indicated they need time to get another place. They've already had 6 months they've been living there for free. The attorney is petitioning the Probate Court to evict in two days. A Probate Court eviction is not backlogged like the other evictions are. We are having a 24 hr. security guard to keep an eye on the house until they are gone. I'll be glad when this is finally over.

 

[Mike Buckley]

Hang in there, Dave!

 

[Dexbana]

Wow, unbelievable! Finally getting to the end of this saga. Amazing how the system protects the squatters and not the owners. I imagine that this is happening all over under the current conditions. Best wishes that this wraps up soon and you and your wife can find some peace.

 

[Clix Pix]

Wow, this has been an incredible saga...... I would be concerned about them trashing the house and also helping themselves to some furnishings and items which are not theirs, too. That is a wise idea to have a security guard posted there in the interim until they are actually out of there.

 

[dburanich]

I think Florida may be the most lenient as far as squatters rights.
Other states not so much.

 

[Mitchell]

Incredible saga! Please keep us posted. I'm curious about the condition of the home at the end of all of this.

 

[dburanich]

Our attorney was there this morning.
He said everything look fine.
House was in order.
Lawn manicured.
24 hr. security should be able to alert the sheriff if something looks strange.
I'm beginning to wonder that they thought if they stayed there long enough they could lay claim to the house.
It actually goes a lot further than just staying there.
Among other things they would have had to pay the property taxes for quite a bit of time.

 

[rpracing]

UPDATE!!

Yes this is still going on.
Covid has put a moratorium on evictions so that really tied our hands.
The moratorium is now over.
Our attorney went there this morning with three Sheriff Deputies and a tow truck to retrieve my sister-in-law's car. He gave them a verbal request to vacate. They indicated they need time to get another place. They've already had 6 months they've been living there for free. The attorney is petitioning the Probate Court to evict in two days. A Probate Court eviction is not backlogged like the other evictions are. We are having a 24 hr. security guard to keep an eye on the house until they are gone. I'll be glad when this is finally over.

Glad its working out for you. Still have they been arrested yet for fraudulent use of credit/bank cards? I would NOT let that go. If the local pd really isnt doing much, make a big stink with the DA.