How Can I Protect Myself from Real Estate Title Fraud or Deed Scams?
Video Summary
How can I protect myself from real estate title fraud or deed scams? Well, you can contact the property appraiser in the county where the property is situated or the clerk’s office and register your property with them and there’s a particular program or statute which allows them or they will notify you then if there’s any transaction involving your property so that if there is a deed of fraudulent deed or mortgage in conjunction with your property, you’ll be notified. You’ll need to obtain a copy of the document if you’re not aware of the transaction and then consult with an attorney concerning the document and what steps are necessary if it is a fraudulent transfer. This is not to be confused. Sometimes whenever you acquire property, you get correspondence from companies although they try and look like they’re a government office that says that they will send you a copy of your deed for a fee, which you need. This is unnecessary since whoever closed your transaction will provide you with this document. It’s in the public records and this is, I don’t know if it’s a scam or not, but that’s the way I view it. So you need to ignore those letters that you get other than from the clerk of the court. If you have any questions, call me at 727-847-2288.
- Published in LLC's and Corporations, Real Estate, Videos
Can I Sign a Will Electronically, or Does It Have to Be on Paper with Witnesses?
Video Summary
Can I sign a will electronically or does it have to be on paper with witnesses? You can sign an electronic will that doesn’t excuse having two witnesses present. So you need to find a lawyer who handles electronic wills, which I don’t know there’s a lot that do handle electronic wills, but it’s a relatively new statute which authorizes that and where they deposit the electronic will. If you’re inquiring as to whether or not your paper copy can be signed such as a DocuSign will, the answer is no, you can’t do that. The will has to be signed in the presence of two different witnesses, whether or not it’s electronic or a paper copy. If you have any questions, give me a call. It’s 727-847-2288.
What Are My Legal Rights If My Neighbor’s Actions (Like Noise, Fences, Disputes, Encroachments) Are Affecting My Property?
Video Summary
What are my legal rights if my neighbor’s actions like noise fence disputes, encroachments are affecting my property? Well, let’s start with noise. If there is a problem with your neighbor having noise or affecting your peace and tranquility for actions which they take on their property, then you have to file an action for a nuisance and ask the court to enter an injunction against them to enjoin them from that activity. It’s usually costly and to get that done, unfortunately, and then you have to have a lot of facts to back it up. And then once you get the injunction, having the injunction enforced is more problematic, and then also expensive as far as encroachments on your property such as fences, things such as that. Well then you file what they call an adjustment action wherein you’re asking the court to direct the people to remove the encroachment from your property. And so that’s a separate cause of action as far as requiring them to remove their encroachments on your property. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
What Estate Planning Steps Should I Take If I Own Multiple Properties or Out-Of-State Property?
Video Summary
What estate planning steps should I take if I own multiple properties or out of state property? Well, assuming the purpose of your estate planning is to try and avoid probate, you can set up a Trust and convey the property to your Trustee, and then it will be controlled by the provisions of your trust. Another way that we’ve done it, if you just have Florida property and you want the property go to certain beneficiaries outright, you can execute what they call a Lady Bird Deed, which is an enhanced Life Estate Deed, or you convey the property to the beneficiary, but reserve all the rights of ownership during your lifetime so that you can sell it and don’t need the joiner of the person who you conveyed it to. So those are some of the ways or the way you can do that if you convey the property to the Trustee of your Trust for out-of-state property. Well, your Trust should control the sale of that, so there is certain provisions you’d like. I suggest you put in deeds, particularly if you transfer it into a trust, particularly as far as your homestead is concerned, so that you can continue to get homestead exemption and also certain powers that you put in there so that you don’t have to disclose or publish it portions of your Trust which authorize you as Trustee to sell the property. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
If My Neighbor’s Construction Damages My Property, Who Is Responsible — The Neighbor, Their Contractor, Or Both?
Video Summary
If my neighbor’s construction damages my property, who is responsible? The neighbor, their contractor, or both? I suggest that you sue both and that the contractor is the agent for the homeowner or your property owner that’s next door, and you would be able to sue both of them since the contractor, the one that was negligent and did the damage or trespassed on your property as far as doing damage to it, and the owner is the one that hired him and is responsible for his actions. You can see this from time to time whenever you have a pool contractor and he needs to come across your property, they should get an easement or whatever and also be a good neighbor or a good contractor and repair any damage that they do, but you can sue both the owner and the contractor the same time for whatever your damages are. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos