What Legal Documents Should Everyone Have?
Video Summary
What legal documents should everyone have? One, I think of the top of the list is you need to be sure that you have government issued identification such as a driver’s license or an ID card issued by the same as a driver’s license. I don’t know if the department of motor vehicles issues those, but have an ID because you’ll need that. No matter where you go to cash checks or any number of places as far as your estate planning documents, I think everyone should have a living will that would direct whether or not you want life support to be discontinued. If you have a terminal condition, permanent vegetative state or an end stage condition, it really is important. I think that you have a healthcare surrogate or where you designate a healthcare proxy to be able to make medical decisions for you and also have a HIPAA waiver so that they can check on you to find out how you’re doing as far as if you are hospitalized, although you may not be dying like you would be using a living will also consider particularly if you’re by yourself rather than a husband and wife situation is to giving someone that you trust, hopefully a child or a loved one that you consider, or really trust a durable power of attorney who would be able to take care of business for you. And it’s called durable sense. It would be in the event you no longer had capacity. It would also be good to have a birth certificate and if you’re have a marriage license, particularly, for the ladies or the spouses, if you change your name, I think that’s a problem. Whenever you go to have your driver’s license taken care of, if you happen to be divorced and I have a copy of your divorce decree or decrease on the appropriate marital settlement agreements that go with those, if you have any unrecorded agreements. If you’ve entered into a contract with a lease to purchase property, it’s important that you have a copy of the signed documents or the signed documents. If you have promissory notes, are any unrecorded, a legal document that has to do with your rights to collect money or you owe money or you’re purchasing property or leasing property, those would all be documents that you should have in your possession. You have any questions about that will give me a call at (727) 847-2288.
- Published in Estate Planning, LLC's and Corporations, Real Estate, Videos
Top 3 Things to Consider When Purchasing Vacant Land?
Video Summary
What to consider when purchasing vacant property. I think the top 3 that I would suggest once you arrive at a price or whatever, you need to verify the zoning and land use and make sure that you’re able to use the property for its intended use. And so it had, and that might have to do with size of the property, the access things such as that next, it would be the availability of utilities. So if you’re getting one, a belt, a residential property, a belt, a house on a vacant lot, well, are there water and sewer available, or can you go with a well and septic tank, but anyway, check on the availability of utilities and those come with impact fees or the costs that you may be building. The third thing that you should consider whenever you’re buying vacant property as, did have a wetlands, determination, as far as that, or an environmental audit the property.
If the property is low, you wouldn’t be able to use whatever is below a jurisdictional line. So you may be buying three, four and a half acres, but maybe only a half of it, half an acre is buildable, or if it’s high and dry. Well, there may be some other problems as far as gopher turtles or other environmental endangered species and things such as that. So, you would need to consider the environmental aspects. So those were my top 3 items on my list that you need to consider when you’re buying a vacant property. If you have any questions or needing assistance, as far as selling or buying a property, we’ll give me a call at (727) 847-2288.
- Published in Real Estate, Videos
What is a Promissory Note in Connection to Real Estate?
Video Summary
What is a promissory note in conjunction to real estate? A promissory note is the promise to repay the amount that is borrowed in order to purchase the real property, or if you’re taking a loan out against the real property. So, you have the note, which says you promised to repay the loan and sets forth the terms, the interest rate of the loan. The note is then secured by a mortgage, which puts a lien against the real estate. Now, this the mortgage doesn’t say that you owe me any money. The note says that what the mortgage does is gives the lender at lien against the property. So, if you don’t make the payments on the promissory note, they can enforce or foreclose on the mortgage and have your property sold at foreclosure sale. If you do not pay the amount owed to them on the promissory note, if you have any questions, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
How To Remove a Ex Spouse From a Deed?
Video Summary
How do you remove an ex spouse from a deed? The question really should be rephrased as “how do you remove the interest of an ex spouse from the title to the property” and that the deed indicates how the property is titled. The way to do that is to have the ex spouse sign a deed, conveying their interests. If the court, if the judgment of disillusion of marriage is handled by a lawyer, the lawyer and the property settlement agreement is provides that the spouse is to convey their interests. The lawyer can insert into the final judgment rewording that the judgment shall serve as a conveyance of the ex spouse’s interest in the property and serve as a conveyance to the other spouse. If you have a situation where you did not have a lawyer and that language does not appear in the final judgment, and you have a property settlement agreement, which the court adopts, and that’s where one spouse has agreed to transfer the, their interest in the property to the other, the court usually reserved jurisdiction over the parties and their real estate to comply with the provisions of the property settlement and the final judgment.
And that instance, you can file a motion to and force the provisions of the final judgment that has incorporated the property settlement agreement. So if you have any questions about getting a deed from ex spouse, will give me a call at (727) 847-2288.
- Published in Real Estate, Videos
What Is A Prescriptive Easement?
Video Summary
What is a prescriptive easement? A prescriptive easement arises when someone uses someone else’s property to travel across it to get to their property or to access something at another location. And they do this for a period of years, and I believe it’s seven, but I would have to double check that, but it has to be for an extended period of time and they keep going over the same trail or pathway. For this roadway or dirt road, for the prescribed period of time. And it has to be without the owner’s permission. And then after the required period of time, then the person can then file an action to have a prescriptive easement, which is to them so that they have a right to continue to use this easement as long as they want to. And the owner of the property has to allow them to continue to use their prescriptive easement. It’s very rarely do you see an action for prescriptive easement, but, and they’re difficult to prove but, that’s their criteria. And I’m not sure about the time period that the, prescriptive easement has to be used at virtually before you’re entitled to the habit judicially determined to be a prescriptive easement. If you have any questions about prescriptive easements, give me a call at (727) 847-2288.
- Published in Real Estate, Videos