SUBJECT
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Authorize the County Attorney’s Office to open a probate in the Estate of Betty Frey for the limited purpose of clearing the title to the home located at 2348 W. Patterson Street, Lakeland, Florida 33815, and to take all legal steps necessary to do so.
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DESCRIPTION
The Board approved #RC24-SHIP-003, a State Housing Initiative Partnership (SHIP) rehabilitation/replacement program Homeowner Assistance Agreement and Grant Agreement in the amount of $192,960.00 for Ms. Betty Frey (Agenda Item #25-0673). Unfortunately, in early August, amid construction, Ms. Frey passed away. Staff are aware of one daughter, Krista Webb, who lives in Alabama, and possibly one granddaughter. Staff successfully made contact via one telephone call with Ms. Webb. Ever since, Ms. Webb has been uncooperative. During that one call, Ms. Webb expressed that she was uninterested in said home or the probate process. Staff is unaware of the existence of any will and believes Ms. Frey died intestate.
During the construction process, the contractor made necessary changes and incurred additional costs of materials. Normally when this happens, a change order is provided, and the homeowner enters into a Mortgage Modification agreement. In this instance, there is no one with legal authority to sign these documents or enter such an agreement. Therefore, there is no one with legal authority to enable the County to finish construction.
Staff brought this issue to the attention of the County Attorney’s Office who recommends opening a probate with a limited purpose of clearing title and appointing a curator, pursuant to section 733.501, Florida Statutes, to avoid waste and delay, and to enable the construction process to continue, and protect the County’s interest.
RECOMMENDATION
Authorize the County Attorney’s Office to open a probate in the Estate of Betty Frey for the limited purpose of clearing title to the home only and take all legal steps necessary to do so.
FISCAL IMPACT
Funding is available in the general fund.
CONTACT INFORMATION
Heather Bryan, Esquire
Assistant County Attorney
863-534-6746
Randall Vogel, Esquire
Assistant County Attorney
863-534-6744