How Often Should I Update My Durable Power of Attorney?
How often should I update my durable power of attorney? You should update it any time that you want to change, who you want to serve as your agent, under your power of attorney. Also you may choose to update it every three to five years, and that during the past three to five years, they’ve changed the power of attorney statute in Florida under the new power of attorney statute. You’re giving your agent so can give your agent the authority to help qualify you for Medicaid. Also deal with your retirement accounts and other, estate planning documents. So that’s whenever you may wish to update. I’ve encountered some problems with banks or other folks that deal with, powers of attorney when you present them. Even though they are legally valid, if they’re old, they may not accept them. And of course, that’s the whole purpose of giving. the power of attorney is to facilitate, the signature, particularly if the person who gave it, to the agent has become incapacitated, you would not want it to be rejected. So, you just, as a practical matter, you may want to update your power of attorney every three to five years, or it at such time as if you wish to change your agent or your agent passes away. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
What Identification Do I Need To Bring To My Real Estate Closing?
What identification do I need to bring to my real estate closing? If you’re the seller of the property, the notary Republic is going to ask for a driver’s license or a government issued photo identification, that’s usually a driver’s license. You can use a passport or a Florida ID card as far as that’s concerned, or any other government issued a identification card that has your picture on it.Sometimes a lender will ask for a secondary or two forms of identification. The second form I can take, can be a voter registration card, a social security card. I’ve used credit cards, with your name, or you even utility bills, which show your address and your name. So, that is what you need to bring. If you’re the buyer and you don’t need to have your signature notarized, you may not need to bring any identification. As far as the closing concern, primary reason for bringing the identification is if you have to have your signature notarized and that’s whenever, your need to have the identification, in order to be able to execute the documents. If you have any questions about this, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
Can I Be Evicted During COVID-19 Pandemic?
Video Summary
Can I be evicted during the COVID-19 pandemic? The answer is yes. Now, if you’re viewing this, this answer is for Florida and that the governor of the state of Florida has latest order has said that you cannot evict a tenant if for nonpayment or rent, if the nonpayment of rent as associated with the pandemic, just because you decide not to pay your rent is not good enough, you have, it has to be related to the pandemic. And this is good until August 31st, after which time all your rent can be due, unless they extend it. And you can then be a victim for all your past due rent. Also, you can be evicted in the event that your lease has been terminated, or if you have not complied with the provisions of the lease. There are any number of reasons why you can still be evicted. The exception being, if the reason you weren’t able to pay your rent is because of COVID-19. Now this, the governor of the state of Florida’s order is not being followed. Consistency can consistently throughout Florida. And it varies from County to County and sometimes even judge to judge as to how they treat this. Also, if you are living in a federal laid back, mortgage, facility or federal housing, there is a federal statute or federal order that you cannot be evicted, the period, until the end of August. Again, this also may be extended. So,hopefully that gives you some guidance. And if you have some questions, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
Who Is Liable If A Golf Ball Causes Damage To My Home?
Video Summary
Well, if a golf ball causes damage to my home while the first answer is, is the golfer. However that presents a real practical problem, as far as trying to identify who it is, gives his name in order to be able to sue him in order to try and recover whatever damages the golf ball made to your to your home. If it is a reoccurring problem you may want to advise or contact whoever’s operating the golf course or the owner and advise them that they need to make some provision to protect your property from golf balls. And if they don’t, then you may have a cause of action against the golf course operator for failure to put up the proper protective barriers to protect your property. So I believe you would need to give them notice or have to be a recurring problem in order to do that. If you hear again, I think I’ve handled one such case for golf course operator, but your remedy would be a course to just sue the golf course in small claims court for whatever your damages were. Small claims court, you can sue up to $8,000. My telephone number, if you have questions, although I don’t know that I’ll be able to answer them would be (727) 847-2288.
- Published in Real Estate, Videos
We Purchased A Foreclosed House – Do We Need To Send A 3 Day Notice For Eviction?
Video Summary
We purchased a house in foreclosure. Do we need to send a 3 day notice for eviction? No, you do not. You need to file or retain an attorney and have them apply for a writ of possession, which is retained. The rights to have a writ of possession are retained by that the judge in conjunction with a mortgage foreclosures. And what that means is you don’t have to go through the eviction process depending on whether or not the owner of the property before it was foreclosed is still in possession. If so the, the application for writ of possession, should be granted. And an order authorizing the clerk to issue the right of possession should be entered right away, and you should be able to have the sheriff serve the writ of possession and have the person removed without going through an eviction action.
If however, the property was rented at the time of the foreclosure action, whenever you make application or your attorney makes application for the writ of possession, the tenant is given. I believe it’s 30 days notice to an order to vacate, as far as that’s concerned, but you do need to retain an attorney to represent you in conjunction with this matter to have them removed. But an eviction action is not how you go about removing the occupant of the property that had been foreclosed. How many questions about this? Give me a call at (727) 847-2288.
- Published in Real Estate - Foreclosure, Videos