What if a Homeless Person is Living on Your Vacant Lot?
Video Summary
What if a homeless person is living on your vacant land? You can call the police and have them come out to the property. You probably need to be present and they will remove or tell the homeless people who are there that they must leave and make them leave the property. They will give them a warning. It’s called trespass after warning. So if they returned to the property, they can be arrested. The problem with this, is of course identifying them, if they did return. It’s a reoccurring problem as far as your property’s concern, but you can continue to call the sheriff or the police department, have them come out and have the homeless people removed. It’s very doubtful that they’ll be able to identify the people who they previously gave trespass notice to in order to have them arrested or if they do want to go through all the actions necessary to have the person hauled away to jail for trespass, which is a misdemeanor. So it’s a practical problem that you have whenever you have homeless that are occupying your vacant property. You can also put up no trespassing signs and then authorize someone who oversees your property to call the sheriff and have the sheriff go out to the property and have the people removed, as a result of it being posted. As far as no trespassing, this concern, I would suggest that you contact the sheriff or the police department about posting your property, so that you would be able to have the sheriff go out there or the police go out there and have the trespassers or the homeless folks removed from your vacant property. This is applicable only to vacant property, and there’s a different law than involves folks that are living in your property, in an improved house or shelter that you have on your property. If you have any questions about this, you can give me a call. I’ll be directing you probably to the Sheriff’s department, the police department. My phone number is (727) 847-2288.
- Published in Real Estate, Videos
Should You Purchase Insurance on Vacant Land?
Video Summary
Should you purchase insurance on vacant land? And to the question is you should buy liability insurance for vacant land. Just to give you peace of mind that if someone would attempt to Sue you for any injury that they suffered on your land, that you would have coverage. It should be very inexpensive to obtain. You may even be able to get it included on your homeowners insurance as far as vacant property. So I suggest you talk to your insurance agent before you are liable for injury for people on your land. They have to show that you were somehow negligent as far as maintaining the property and particularly if they’re trespassing or whatever, or there’s an attractive nuisance as far as children’s concerns such as a water body, things such as that. Also if there is anything that’s dangerous about the property, chemicals or anything such as that, then you may have some liability as far as that’s concerned and not safeguarding it. They give you peace of mind, I suggest that you go ahead and obtain liability insurance, which should be at a very modest cost. So if you have any questions about your vacant property, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
Can I Homestead Property if I Live on the Property For 6 Months of the Year?
Video Summary
Can I homestead property if I live on the property for six months out of the year? The answer to the question is not how long you reside there is whether or not you’re a resident of state of Florida and that is your permanent residence. It doesn’t matter how long you reside there, it only matters if it’s your permanent residence when they’d be assigned for homestead exemption. You state that you are not receiving any benefits as a result of being a resident of any other state and therefore you are a permanent resident of Florida. Many times people may own a home here in Florida and they decide to get in their motor home and the drive all over the United States, so they’re not here but for a few months and not very long at all. However, that’s still their homestead property and that they are not getting any benefits from any other state and they’re permanent resident of the state of Florida and that’s their home address. One thing that I need to caution you on is if you are married, you cannot have one spouse have a homestead in one state. And you have homestead and the state of Florida that will not work and you are not entitled to homestead and could be fined if you do obtain a homestead. And the property appraiser finds out about it. If you have any questions, will give me a call at (727) 847-2288.
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Can I Homestead Property in Two Different States?
Video Summary
Can I homestead property and two different States? The answer is no for Florida. And that whenever you sign for homestead exempt you’re signing that you are a permanent resident of the state of Florida. And furthermore, that you’re not receiving any benefits as a result of being a resident of any other state. It also, applies to if you’re married, that neither you nor your spouse are receiving those benefits. They consider a husband and wife as one family unit so that one spouse can’t get homestead in one state and the other spouse get homestead in Florida. Sometimes people query as to, well, how do they find out? Well, I don’t know, but I know the property appraiser as hard at it. They’ve found where this one fellow was getting free parking in his town, as a result of being a resident of that town in Massachusetts. How they found out, I don’t know, but they have people working on that to avoid homestead fraud. The penalties for getting homestead and having benefits elsewhere are very severe. I think the interest rates like 15%. The penalties besides the tax that you should have paid is like 50%, it’s sort of like speeding. You don’t want to get caught. So, I suggest don’t do it. When you make application, you state that you’re not getting any benefits from another state. If you have any questions, give me a call (727) 847-2288.
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How Does Homestead Pass Upon Death?
Video Summary
How does Homestead pass upon death. Well the Florida Constitution sets forth and the laws of the state of Florida provide to whom you can leave homestead property, or if you do not leave homestead property, it dictates who receives it. So if you die and you are married or survived by minor children? The spouse receives a life estate with remainder interest going to the children of the decedent.
The surviving spouse has a right to take an election to receive a one half interest in the property rather than a life estate which most be filed, I believe it’s six months from the date of death. Has to file something in with the deeds or the public records of a particular county, wherever the homestead is recorded. If someone has a will and is not survived by minor children, and however survived by a spouse? They can only leave the property, the entire property, to their surviving spouse. Otherwise, it is an improper devise and then goes to one half interest or a life estate in the surviving spouse and the remainder to the decedent’s children.
If they’re survived by minor children? Then the minor children do get a remainder interest with the surviving spouse getting a life estate. If you have questions about homestead? Give me a call. It’s (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos