Video Summary


Do I need a lawyer to establish an LLC in Florida?  The answer to that is no.

 

You can go on the Secretary State’s website and it’s very easy to establish an LLC.  However, the problem with that is once that you establish it, who is the owner of this LLC, what you need to go along with your LLC is what they call an operating agreement, which sets forth who the members are and their particular percentage interest.  It’s analogous to having a corporation and you don’t have any shareholders, so who owns the corporation?  So it’s easy enough to set one up.  However, who owns it once you have it established, who are the members, and so that’s where you do need a lawyer to set up an operating agreement designating who are the members, which is the membership interest in the LLC.

 

 

So if you would like me to set up an LLC or prepare an operating agreement for you, give me a call at (727) 847-2288.  Thank you.

 

 

Video Summary


How can I protect my home for my children and their inheritance if I have creditors?  Well, under our Florida constitution, your home is protected from creditors.  It’s called homestead and that’s a different part of our Florida constitution than when you file for homestead exemption, but you have to be a Florida resident and your residence must be less than a half an acre if inside the city limits and less than 160 acres outside a municipality.

 

And if you’re a resident of Florida and you pass away, then the property will pass to your children unless direct it to be sold under your will, or you can leave it to your children and your creditors will not have a claim against it even if they have a judgment against you, it will not attach to your homestead property.  The word that’s used in the Florida constitution is this exemption from for sale of your creditors of your home in nours or passes through to your children.  So your home is protected from creditors during your lifetime so that you don’t have to worry about credit card companies coming in and getting a judgment and taking your home and neither do your children if you even have judgments.

 

There is an exception, of course, in the event that the federal government has a lien, a tax lien, or a judgment against you, they can take your home and you cannot protect it from the claims of the United States of America.  But your home is protected if you go through a bankruptcy, you can exempt out your homestead property and reaffirm your mortgage debt and preserve it; or if it’s paid for, you may even be able to keep it out of bankruptcy and be protected from the claims of creditors, and then whenever you pass away, it’s not subject to any judgment you have against you when it passes through to your children.  You do have to leave it to your children or their heirs or grandchildren in order for them to get this exemption from the claims of creditors.

 

 

If you have any other questions about your homestead property and your creditors, give me a call at (727) 847-2288.

 

Video Summary


Are there any Florida laws involving pets that I should be aware of as a new property owner?  Well, the only time you need to worry or be concerned about the Florida laws is if you’re on a gate-restricted community or on a condominium, and under those rules and regulations or the restrictive covenants of the Homeowner’s Association or the declaration of condominium, they may have some restriction as far as pet ownership is concerned, the size of the dog, the type of the dog, the type of the pet that you may have.

 

If you own your property and you don’t have a mortgage on it or even if you have a mortgage on it, that’s not determinative, there’s no restrictions as far as your ownership is concerned.  However, you do need to be concerned about your insurance.  Your insurance company may not write your insurance if you have what they consider a dog that may be considered a liability, such as a German Shepherd, Doberman Pinschers, Pit Bulls, and dogs of that nature, whether or not they are in fact dangerous or not, they may have a problem – you may have a problem in getting insurance ’cause they may ask you whether or not you have a pet.

 

But if you own cash and not worried about or even with a mortgage or – and it’s not in a condominium or there’s no restrictive covenants, there’s no laws that have anything to do with Florida laws of having anything to do with your pets.  I would tell you though with – there is zoning requirements if you consider a pet a horse or livestock or chickens and poultry and things like that, there may be some zoning, local zoning, ordinances that prohibit the maintaining of horses or livestock.  But if you want to keep the pet inside your home, there’s no restrictions as to your ability to maintain or have a pet in your home.

 

 

So if you have any questions about that, then give me a call at (727) 847-2288.

 

Video Summary


Reasons for Medicaid planning.  Medicare or long-term care insurance benefits may be unavailable or insufficient to cover the costs of nursing home institutionalization.

While Medicare and HMOs may pay part of the nursing home care for the first 100 days, they will only pay for quote unquote skilled care, and a three-day hospitalization requirement must be fulfilled before any days of care and coverage will be allowed.  The first 20 days full expenses will be paid by Medicare or Medicaid.  And for the next 80 days the patient must pay a sizeable per day coinsurance amount.

 

Nursing homes in metropolitan areas of Florida normally charge $250.00 per day or more simply for room and board.  Thus, the Medicare and HMO coverage will not pay the entire bill.  Further, because of the narrow definition of skilled care, the national and Florida average for Medicare and HMO coverage is 10 to 20 days and not the full 100 days allotted.  Long-term care calls for long-term money management to provide essential health and quality of life services and wears over and above that furnished by the Medicaid benefits.  The burden of costs of catastrophic medical care is especially poignant in cases of married couples.  Community spouses who do not plan ahead, often live in poverty to keep an ill spouse in a nursing home.

 

If you have any questions regarding skilled nursing care and/or Medicaid planning, please give us a call here at Waller and Mitchell at 727-847-2288.

 

Video Summary


Is a land contract still a viable means of purchasing a home?  The answer to the question is, is that Florida does not have land contracts.

 

I know Michigan has land contracts and any number of other states.  And the reason why many people use land contracts is that they’re in a state that has a non-judicial foreclosure statute which allows them to foreclosure, or get the property back through non-judicial procedures.  Florida is a judicial procedure state which requires you to go through a court proceeding to foreclose and take back property.  And so a land contract, the closest thing we have to it in Florida is called an agreement for deed.  An agreement for deed is the same as – has to be enforced the same as a note and mortgage and therefore you don’t see too many agreements for deed, because although the seller retains the title to the property and puts you in possession, if the buyer defaults they still have to go through a foreclosure process and so it defeats the purpose of using a land contract.

 

The other way of avoiding going through a foreclosure process if you’re the seller, and the buyer has a very small down payment, is to go with a lease with an option to purchase.  And that way if the buyer defaults in the payment, you’re then in a position to evict them rather than going through a foreclosure process, which is much quicker and less expensive than a foreclosure process.  It’ll probably take six, nine months to a year to foreclose a piece of property and costs and anywhere from $4,000.00 to $5,000.00.  Whereas with an eviction process you’re looking at probably 30 to 45 days and approximately $1,500.00 to $2,000.00 for an eviction process.  So if you talk land contracts in Florida, they’re gonna look at you with a blank stare, because it’s something that comes out of the Midwest or a state that has non-judicial foreclosures, and they are so you don’t have those in Florida.

 

If you have any questions about land contracts or buying and selling real property with owner financing, well give me a call at 727-847-2288.