Does the Waterfront Property Have Riparian Rights? Can The Buyer Build into the Waterway For A Dock Or Other Structure?
Video Summary
Does the water front property have riparian rights? Can the buyer build into the waterway for a dock or other structures? Real estate that borders on navigable waters is entitled to riparian rights or littoral rights. They’re basically the same littoral rights gave you a right to build a dock also to your rights are so that your neighbor cannot obstruct your view of the property. Your right to construct a dock is also governed by various governmental entities, as far as getting a permit. I know in Pasco county, they and various canals, they have building setback lines that extend out into the canals so that you have to comply with those. Whenever you build the dock, also you have to get if it’s a commercial dock or a very large dock, you have to get a permit from the department of environmental protection. Also when you construct the dock, you cannot obstruct your neighbors, right to access the channel or use the waterways. Speaking of the water, everyone has a right to public. Everyone has a right to, float their boat or to swim in the water. And that’s something that the right and the public that is held by the state. So someone can float their boat right up next to your dock. And if they can get in the water and it’s navigable, they can use the water and you can’t do anything about it. So those are some of your riparian rights, particularly when it comes to building a dock, you need to be sure you get your permits involved and you don’t want to build something that blocks your neighbor’s view or their access to the channel. If you have any questions about riparian rights, you can call me at (727) 847-2288.
- Published in Real Estate, Videos
What are the Seller’s Legal Duty to Disclose Defects on Property or Home?
Video Summary
What are the seller’s legal duty to disclose defects on the property, or home? Many years ago, I’m guessing about 30 years ago, the Florida Supreme court had made a decision in that style Johnson vs Davis. And in that decision, the court ruled that the seller has a duty to disclose to the seller any matters that may materially affect the property that are not readily observable. This has to do with residential real estate property. It does not apply to commercial property or to vacant property, and that there is no duty to make any disclosure as far as commercial property or vacant property is concerned. Also, if you use the standard, real estate contract provided by the realtors in the Florida bar, it has a clause in it that you have a contractual duty also to disclose any matters that may materially affect the value of the property. Many times when you list your property with a realtor, there is a sheet that is attached to it and questions you about various aspects of a home. And that’s an affirmative representation also. So those are the duties that you have. You don’t have to fill out that information sheet, but you do have the legal duty to disclose any matters that may materially affect the value of the property. So if you have any questions about any defects or you wish to have me handle your estate, closings will give me a call at (727) 847-2288.
- Published in Real Estate – Selling, Videos
Who Will Serve as the Personal Representative if There is No Will?
Video Summary
Who will serve as the personal representative, if there is no will, well, it will be more than likely one of the children of the decedent. In order to be appointed as the personal representative, you need to have the majority and entrust degree or consent to your appointment. So if there are three children, well, we need two out of three to agree one person. If there can be no agreement, then anyone can petition say why they’re qualified as a child, and then get formal notice to the other children as far as, being for them to object. And so if they don’t object, well, then they would be appointed. The court would then decide if there’s an objection, may require a bond or a higher bond, if it is a contested matter. But usually I find that we can find a, the majority of the beneficiaries are agreeing on one person to serve. If you have a question about handling the probate and when there’s no will involved, well give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
Who Are the Parties That Have to Be Involved Going Through the Florida Probate Process?
Video Summary
Who are the parties that have to be involved going through the Florida probate process? Well, first you have the beneficiaries, whoever is named in the will. They need to be involved as far as the process is concerned, then you, if there’s no will involved, well, then you need to determine who the heirs are. Whether they have children, deceased children, grandchildren, and if they have none, then who the parents are to determine who the beneficiaries of the estate are. So those are all folks that need to be involved with the probate of a Florida probate. Then you also have the personal representative, whoever has been named as the executor. We now call them personal representatives. So they’re involved in the process and that they’re the administrator. They take care of paying for the creditors claims and distributing the assets, liquidating the properties in order to make distribution or distributing the assets in kind.
Then you have the creditors and that the creditors need to be paid before there is a distribution of the assets of the beneficiaries. You also have the judge who supervises the probate administration as far as requiring inventories and accountings and taking care of any contested matters between the beneficiaries or, if the personal representative is not doing their job, removing them. And then the clerk of the court who is short of the gatekeeper to the judge and then to submit the paperwork to the judge, they review it and then send it on to the judge to be signed. Usually you do not have to appear in court in a probate proceeding unless it is a will contest or there is litigation involved. So if you have any questions about probate or need an estate, probated will give me a call at (727) 847-2288.
How Long Does the Florida Probate Process Take from Start to Finish?
Video Summary
How long does the Florida probate process take from start to finish? The court requires the states to be closed within one year from the time that they are opened. However, you can petition to ask that the estates be that time be extended. The minimum time for handling a formal administration is four months. And that once the estate is open, you must have a statutory period for creditors’ claims, which runs for three months after the first publication in the newspaper. So it’s hard to, you can’t close it before the time period for the creditors period expire. So it’s probably at least a minimum of four months to try and say that all the states can be handled or close within that one-year period. It depends, it’s not necessarily, feasible a lot, has to do with what kind of assets that you have and how complex the will is. And the cooperation of all the parties involved. Many times, we have problems collecting money from banks and it gets dragged out for some time trying to collect all the assets or even determine what assets are involved. So, the time period from start to finish depends upon the, the assets and the parties involved. So, if you need to have an estate taken care of, well give me a call at (727) 847-2288.