During My Divorce, Should I Buy Out My Ex-Spouses Share of the House?
Video Summary
During my divorce, should I buy out my ex-spouse’s share of the house? The answer to that is you should not even think about buying out your spouse’s interest unless you have a marital settlement agreement, which settles all your assets and so that everybody knows what everybody’s going to get as a result of the divorce. And hopefully that’s something that you can work out with your spouse as adults rather than anything else as far as your property division is concerned, and then as simply a business decision. But you don’t want to be in a position where you buy out your spouse’s interest in the property and then you pay her for that, and then she turns around and wants more and more money as a result of looking at your other assets or whatever money you have or resources. So, I would strongly recommend that before you enter into any agreement to buy out your spouse’s interest in any real property, that you have a marital settlement agreement and discuss it with your divorce attorney. I don’t do divorces, but my phone number is (727) 847-2288.
- Published in Real Estate, Real Estate – Selling, Videos
How Can You Remove Someone from a Quit Claim Deed?
Video Summary
How can you remove someone from a Quit claim deed? Well, if the best way to do it or the easiest way to do it is simply prepare a deed and have them sign off conveying it to the proper person or whomever wishes to own the property. If their name was put on this Quit claim deed or the Quit claim deed file and they had no interest in the property and a constant and their unwilling to clear up this title problem, then you must file what they call a suit to quiet title. That’s where you sue them saying that they had no authority to have their name placed on this title, and then have the court determine that they have no interest in the property and that your title is free of any lien or any claim that that person may have. So if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Is a Home Calculated for a Divorce?
Video Summary
How is a home calculated in a divorce proceeding? Well, I don’t handle divorces and so it’s my understanding that whenever the parties have filed an action for divorce, the judge takes into consideration that each party’s circumstances how the home is titled whether or not there’s any children, and then they make a decision as to whether or not the mother or the father, whoever has custody of the children or the primary custody, can remain in the house until the children reach a particular age and then direct the property to be sold. They can also direct the property be sold if there’s no other consideration. They take in consideration the other assets and based upon all of that, the judge then makes the decision as to whom receives the marital home or whether or not they simply each own a half interest and they’re then in a position to sell the property or provide special equity or so much to one spouse once the house is sold. But that’s falls within the jurisdiction and the decisions of the divorce attorney. So you don’t need to call me, but I’ll give you my phone number. You need to talk to your divorce lawyer in order for them to explain how this is going to work in your individual circumstance. Give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Close Can a Neighbors Dock Be to Another Property?
Video Summary
How close can a neighbor’s dock be to another’s property? Well, this is something that is regulated or by the city or county, wherever the docks or waterway is situated. And they may have a code building code which extends the property lines and give setbacks as far as where you can construct these docks. If the docks, if there is no regulation as far as the particular city or county on setback requirements, then it’s controlled by the riparian rights, which is the rights of a property owner who is adjacent to navigable waters to be able to use their property. And you cannot put your docks so that it impairs or encroaches upon your neighbor’s riparian rights, which consists of the call warpage or their ability to construct a dock. Also, as far as adaptability, so that you can’t block their ability to go in and out of their property to get to their docks or the waterway. And one that’s probably not used is also bathing and swimming. So usually you don’t want to have a dock that would stop that, but most time that’s not a problem. As well as the view, you can’t block your neighbor’s view of their property rights. And so the riparian rights is a complicated area as far as that’s concerned, whereas the city ordinances or building codes, as far as setbacks are concerned, fairly straightforward. However, it only controls docks that are built after the passage of the particular ordinance. So if you have any questions, give me a call at (727) 847-2288.
- Published in Guardianship, Real Estate, Videos
Even If I Have a Will, Should I Still Consider a Living Trust?
Video Summary
Even if I have a will, should I consider a Living Trust? Well, let’s talk about what a Will controls and what a trust controls, and then we’ll try and then you’d need to decide whether or not you would want to do a will and a trust or whether you’re satisfied with just the Will control whatever assets are titled just in your name alone at the time of your death. A Will will not control any assets such as joint bank accounts or bank accounts, have a beneficiary. The same can be said for a brokerage account. You can set those up so that there is what they call a TOD or transfer on death. Also, it doesn’t control life insurance, IRAs, or any other annuities or any other document that has a designated beneficiary. All of that is controlled by contract or the signature card. Now, a trust only controls those assets that are titled in the name of the trustee. Whenever you pass away, you usually are the trustee of your revocable trust, and then you’ve designated a successor trustee. And so that will only control those assets that are titled in your name as trustee under your trust. And of course, that designates who you wish to receive those assets. So whether or not you need a trust or not, or you need just use a will or whether you can title your assets so they pass automatically by designating beneficiaries. That’s all a product or a result of doing estate planning. That’s why they call it estate planning is so that you can discuss that with the attorney as to whether or not you need a will join assets or a trust or all three. So if you have any questions, give me a call at (727) 847-2288.