Video Summary

Can a homestead exemption be transferred to another piece of property? The simple answer is no, you cannot. However, when you purchase a different property you can apply for a homestead exemption on that property. If you sell your property after January 1 of a year in which you have homesteaded your property, the purchaser of the property will benefit from your homestead exemption for that calendar year.

You can, however, transfer your “Save Our Homes” assessed value to another home in the state of Florida. This process can be complicated but we would be happy to help. Please call us at (727) 847-2288.

What is a Living Trust?

 

Video Summary

A Living Trust is a document signed during someone’s life that generally makes legal provision for the way his or her assets are to be used during the individual’s life time as well as for who is to receive those assets upon his or her death. A will, on the other hand, does not take effect until a person passes away. Either document can be modified at any time during the person’s lifetime. Many choose to set up a trust because it is not subject to the probate process after the individual’s death. It is also important to note there there are revocable and irrevocable trusts.

Buyers Beware!


Video Summary

Buyers and sellers wonder about the phrase, “Buyers Beware!” About 20 years ago, the Florida Supreme Court handed down a ruling regarding the sale of residential real estate that changed that rule of thumb. In the case of Johnson v. Davis, the Supreme Court ruled that a seller is obligated to disclose to the seller any problems with the real estate that may affect the material value of the property. These flaws which are not readily observable are referred to as latent defects. Realtors generally ask the seller to complete a disclosure sheet to provide such information about a house. Standard language in a real estate contract includes a guarantee that the seller has disclosed any latent defects. As a result, the buyer has recourse in the case of undisclosed defects and can choose to invalidate the contract or to sue the seller for fraud. However, a buyer’s best protection against latent defects in a property is still to have his own inspections and make as thorough an examination of the property as possible before making a purchase.

 

Video Summary

A common estate planning document our clients inquire about is a Health Care Surrogate. In this statutory document, you name an individual who you give authority to make medical decisions in your behalf in the event that you are unable to do so. Also, according to HIPA laws, medical providers are not allowed to disclose your medical information. In a Health Care Surrogate document, you authorize health care providers to release your medical information to the designated party.

 

Video Summary

Sometimes when a person dies, the question arises of whether the decedent’s spouse can challenge his or her will. This is particularly of interest of the spouse was not left anything in the will. According to the law, a spouse does have a right to a percentage of all assets the decedent leaves behind, so he or she can challenge a will in order to exercise that right.

The best protection if you do not want your spouse to have rights to your estate or you would like to stipulate a specific portion that he or she is entitled to is to execute a prenuptial agreement. Our firm does not currently deal with prenuptial agreements, but if you would like help in drafting a will to protect your assets, please call us at (727) 847-2288.