Real Estate Law Index
Real Estate
- During My Divorce, Should I Buy Out My Ex-Spouses Share of the House?
- How Can You Remove Someone from a Quit Claim Deed?
- How Is a Home Calculated for a Divorce?
- How Close Can a Neighbors Dock Be to Another Property?
- How Can We Add an Accessory Dwelling Unit to Our Property?
- Is It Better to Keep Or Sell a House During a Divorce?
- Do I Need a Lawyer to Settle a Boundary Dispute With My Neighbor?
- What Is a Split Refund?
- What Can I Do If a Seller Fails to Disclose Something?
- If a Contract Is Breached, Who Pays the Fees If We Go to Court?
- What Is Due On a Sale Clause?
- Are You Required to Go To Court If You Breach A Contract?
- I Bought Land That’s Now Landlocked Due to a Dispute Between Neighbors?
- Can a Landlord Change the Terms of a Lease Before Its Renewal?
- Is Litigation the Only Option to Settle Real Estate Disputes?
- What Is a General Warranty Deed?
- What if Something Goes Wrong at the Final Walk Through?
- How Can I Stop the City Rezoning My Neighborhood?
- Can My Neighbors Legally Point a Security Camera at My Property?
- Can I Terminate a Lease?
- Should You Purchase Insurance on Vacant Land?
- Can a Credit Card Company Put a Lien On My House If I Do Not Pay Them?
- What Is Not Covered By Insurance After A Hurricane
- Is There A Redemption Period After The Foreclosure Sale In Florida?
- Can I Terminate My Commercial Lease
- How Does A Real Estate Deed Need to Be Formatted?
- I Live on My Mom’s Property, She Died Do I Have Squatters Rights?
- What Can I Do If My Neighbor Is Harassing Me
- How Do I Transfer My Homestead
- What Are the Elements of A Real Estate Deed?
- What is encroachment?
- What if I do not like my neighbors landscaping?
- Why Is a Title Review Important In A Real Estate Transaction?
- Can I Take Legal Action If I Have Noise, Dog Complaints Against My Neighbor?
- What Does It Mean When a Property IS REO?
- How A Lawyer Can Help with Your Boundary Dispute?
- What Is the Procedure for Foreign Sellers of Florida Residential Real Estate?
- Does the Waterfront Property Have Riparian Rights? Can The Buyer Build into the Waterway For A Dock Or Other Structure?
- How Do You Avoid Probate For Florida Property?
- What Is a Geotechnical Exploration Report?
- What Legal Documents Should Everyone Have?
- Top 3 Things to Consider When Purchasing Vacant Land?
- What is a Promissory Note in Connection to Real Estate?
- How To Remove a Ex Spouse From a Deed?
- What Is A Prescriptive Easement?
- What is a Secured Transaction?
- What Kind of Lawyer Handles Property Disputes?
- How to Deal With a Neighbor’s Problematic Uses of Property Next Door to You?
- May a Lender Perform an Interior Inspection of the Property if They Have Concerns About Property Condition?
- Having Trouble With My Homeowner’s Insurance They Denied A Claim, What Can I Do?
- What is Estoppel Letter?
- How Should I Hold Title?
- What Identification Do I Need To Bring To My Real Estate Closing?
- Can I Be Evicted During COVID-19 Pandemic?
- Who Is Liable If A Golf Ball Causes Damage To My Home?
- Can I Add My Children’s Name To The Deed Of My Home If I Have A Mortgage?
- Does A Text Message Meet The Written Notice Requirement?
- How Does Right of Survivorship Work?
- How Do I Contest The Property Appraiser Notice Of Intent To File Lien?
- What Is Earnest Money?
- How Much Do I Have To Pay An Agent To Help Me Buy A Home?
- What Is a Stratified Market?
- Does the Landlord Have Responsibility of Hiring a Professional to Check for Mold if Mold is Suspected?
- Can a Home Purchase Closing be Delayed Due to a Hurricane Approaching?
- How Do I Obtain a Detainer Warrant?
- Who Pays For Florida Documentary Stamp Tax?
- How Can I Tell if Vacant Land has a Sinkhole?
- Who is Responsible if Someone Gets Injured on My Property?
- What is a Grant Easement?
- What is a Utility Easement?
- What is Florida Documentary Stamp Tax?
- What if a Homeless Person is Living on Your Vacant Lot?
- Should You Purchase Insurance on Vacant Land?
- Can I Homestead Property if I Live on the Property For 6 Months of the Year?
- Can I Homestead Property in Two Different States?
- How Does Homestead Pass Upon Death?
- How Do I Remove A Lien From My Property If The Contractor Is No Longer In Business?
- Once I Receive A Homestead Exemption How Do I Get My Mortgage Payments to Lower?
- When Is The Best Time to Buy or Sell Your Home?
- Hurricane Irma and fallen trees.
- Can A Person Fight Eminent Domain?
- When Do You Apply For Homestead Exemption?
- What Are Squatters Rights?
- What Is Adverse Possession And How Does It Work?
- When Would I Need A Quitclaim Deed?
- Do I Need My Neighbors Permission To Errect A Fence Where There Already Is One?
- How Do I Stop My Neighbor From Letting Their Dog Use My Yard As A Restroom?
- How Do I Modify My Property Line?
- Am I Allowed To Trim My Neighbors Tree If It Hangs Over My Property Line?
- Do Contractors Have An Obligation To Complete Their Work Within A Certain Time Period?
- What Are My Options If A Neighbor Plants A Garden Or Erects A Fence On My Property?
- Can A Landlord Change The Rent After A Lease Has Been Signed?
- When Do You Use A Quitclaim Deed?
- What Are The Repercussions Of Breaking A Lease Agreement?
- Do I Need A Lawyer For A Property Settlement Agreement?
- What Do I Need To Know About Construction Contract Agreements?
- Can I Use Renovations Done To My Home Office As A Tax Write Off?
- Who Does An Assignment Of Benefits Benefit, Me Or The Insurance Company?
- What Are The Homestead Laws in Florida?
- How Can I Dispute A Landlord’s Claim Of My Security Deposit?
- After A Notice Of Comencement Is Signed Can You Change Contractors?
- Am I Required To Allow Unattended Access Inside My Home To A Contractor?
- Can a Contractor Place a Lien on My Home if I Did Not Sign a Contract?
- Is the Housing Market on the Rise for 2015?
- Are You Still Liable for a Mortgage If You Quit Claim the Property to a Third Party?
- What Should I do if My Neighbor’s Fence is on My Property?
- If Separated, Can My Spouse Inherit the Property I Buy, Before we are Divorced?
- If My Property is taken by Eminent Domain, How is the Compensation Determined?
- If I Go Through Bankruptcy, Can I Keep My Homestead Property?
- Will I Owe Income Tax if I Sell My Home for More Than I Paid for It?
- Can I Terminate a Notice of Commencement?
- What Happens if an Unwanted Guest, or a Trespasser, is Injured on My Property?
- Do I Have to Pay Tax on a 1099-C?
- How Can I Force a Co-Owner to Sell?
- How Do I Evict a Family Member from Our Property?
- What Should I Be Aware of When Financing the Sale of My Home?
- Why Do I Need A Notice of Commencement?
- What Are The Rights of a Widowed Spouse in Homestead Property?
- How Do You Get Rid of an Unwanted Guest?
- What Can a Tenant Do if the Landlord Refuses to Fix the Property?
- What is a Lease Option?
- Does a Final Judgement of Divorce Convey Real Property?
- What Happens to Past Due Property Tax When I Short Sell my Home?
- Does Transferring a Property Relieve Me of Financial Obligation on the Mortgage?
- What Does it Mean to Record a Satisfaction of Mortgage?
- What are the Implications of a Mechanic’s Lien on My Home?
- What Is A Suit To Quiet Title?
- What is a Partition Action?
- What Are Some Common Types of Deeds?
- Do I Need a Lawyer to Sell My House?
- What Does Eminent Domain Mean?
- Do I Need An Attorney To Evict A Tenant?
- Can I Remove An Easement From My Property?
- Do I Still Own My Property if I Have Filed for Bankruptcy?
- What Is A Balloon Mortgage?
- If I Have a Homestead Exemption in Florida, Can My Spouse Hold a Homestead Exemption in Another State?
- When Can I Apply for a Homestead Exemption?
- Who Qualifies for a Homestead Exemption?
- What is a Homestead Exemption?
- What is a Ladybird Deed?
- What Is A Life Estate?
- What is a Tax-Deferred Exchange?
- What is Involved in a Tax Deed Sale?
- What is the Difference Between a Note and a Mortgage?
- Do I Need a Lawyer to Buy a House?
- What is a Quitclaim Deed?
- Can I Transfer My Homestead Exemption?
- What is Tax Proration?
- What Does Homestead Mean?
- What is an Easement?
- Real Estate Law Index
- Published in Real Estate, Videos
What’s the Difference Between a Will and a Trust?
Video Summary
I’m often asked questions about estate-planning documents and one of those is, “What’s the difference between a will and a trust?” Well, both of them refer to a written document. A will is also called your Last Will and Testament, which takes effect at the time you pass away and controls whatever assets that you have in your name alone. If you have assets titled in your name, they will be controlled by your will and have to be probated.
If you have a trust, that is the name of another document which sets forth the name of a trustee; who the beneficiaries are; and what you would like done with your assets during your lifetime as well as at your death. Most of the time, when people refer to a trust, they are referring to what they call a revocable living trust, wherein they name themselves as the trustee and designate their assets to be used for their use during their lifetime; and then, also provide who they would like to receive their assets upon their death.
In order for a trust to be effective, the assets must be retitled in the name of the trustee; and the trust is effective as soon as it is signed during the lifetime of the person who signs it, which is called a donor or grantor. If you’d like to have a trust set up, please call my office at (727) 847-2288. Thank you.
- Published in Estate Planning, Videos
What is an Executor?
Video Summary
I get asked questions from time to time about words that are used in wills or trusts. One of those words is the word “executor.” An executor is a Latin term, which denotes a person who takes care of administering the estate. That language has been changed with word processing any number of years ago.
Now, executors and executrixes are referred to as personal representatives, which is a neuter term and also makes the word processing of documents much easier, since you do not have to designate whether they’re male or female. Also, it is substituted for the word “administrator” or “administratrix”–the male and female gender. So, whenever you see your documents, you won’t see the word “executor.” You’ll see the word “personal representative.”
If you’d like to have your will or trust revised, prepared, please call at (727) 847-2288. Thank you.
What Does Probate Mean?
Video Summary
I get asked from time to time about various terms and estate-planning documents. One of the big words that is feared throughout the community as far as estates and estate planning is the word “probate.” What does probate mean? Probate describes the administration of your estate; that you do have probate if you have any assets that are in your name alone, whether or not you have a will or not.
Also, it is not near as expensive as what many people believe it to be. Presently, the cost of handling a very small estate is in the neighborhood of $2,500.00 to $3,500.00 for assets of less than $100,000.00. Much of that cost has to do with attorney fees rather than any court costs or taxes. Presently, there are no estate taxes in the year 2010 in the State of Florida or with the federal government. There could possibly be estate taxes if you own real estate outside the State of Florida. If you’re interested in planning your estate to avoid probate, please call me at (727) 847-2288. Thank you.
How Can I Avoid Probate?
Video Summary
I get asked questions from time to time about estate planning documents and the effect of a will or a trust. Many times, people are interested in, How do they avoid probate? Well, avoiding probate can be accomplished through planning. Whenever we have a husband and wife as the owners of assets, it is automatic if they hold their assets as husband and wife. That creates a tenancy by the entireties and provides the right of survivorship. If you’re alone – well, then, we can plan your estate and title your assets so that they avoid probate upon your death.
Also, you may want to set up a revocable trust whereby you place your assets in a trust and then that will provide that those assets will be distributed at your death to the designated beneficiaries without going through a probate proceeding. That would also require a trust administration, depending on the complexity of the trust and the nature of the assets. If you’re interested in planning your estate to avoid probate, please call at (727) 847-2288.