Video Summary

What is the procedure for foreign sellers of Florida residential real estate? The buyer, the real estate agent and the closing, the agent are all responsible for withholding 15% of the gross selling price. One, a foreign or a non us taxpayer sells real estate in Florida. And I think that’s pretty well throughout the United States, on IRS regulation. If it is residential real estate and it is value in the price is less than $300,000 then. And the buyer is going to reside on the property, for six months, for the following two years, six months in each of the following two years. And we’ll sign an affidavit that they’re a US taxpayer and that they’re going to stay on the property and the value, and the purchase price is less than $300,000 and they sign the affidavit or form. Then every one’s excused from withholding the 15%, if the 15% is withheld, it is sent to the Internal Revenue Service and the foreign person can then file a tax return to see about getting a refund in the event that they’ve overpaid for their taxes. And that can be controlled by various treaties between the United States and whatever country the foreign person is from, uh, also how much they paid for the property. So, uh, there’s any number of things that they can possibly get their 15% back there’s, it is difficult and that they have to get a taxpayer ID number, which is a difficult task or a cumbersome task,  to do that in order to file the tax return. There’s also a procedure by which they can apply ahead of time to have the transaction exempted, or limit the amount of money that has to be paid depending on the, how much they paid for the property and that they do not have any gain. So, if you’re wanting to sell your property, and you’re not, you’re not a US taxpayer will give me a call and I’ll be glad to work with you as far as getting the sale and seeing what we can do about, not having to report it, or if you have to report it, the process that’s involved. My phone number is (727) 847-2288.

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.

Video Summary

How do you avoid probate for Florida property? Well, let’s first talk about how the property is titled first. Let’s talk about personal property, such as bank accounts, and also the relationship of the parties. If you’re married,  you just put the assets and your joint names as husband and wife, that would be particularly if you want your husband or wife to receive it upon your death. So that would be the easy answer to most of it. And that would avoid probate when the first spouse passes away. And particularly if you have all the assets titled as husband and wife, if you’re by yourself then the options, as far as bank accounts are concerned, you can set those up as payable on death so that they would pass to the beneficiary, whoever you wanted to go to at your death. The same things with a brokerage account where you have stocks and bonds with Merrill Lynch or any other, ag Edwards or, Raymond James, you can have a designation that says it’s transfer on death or a TOD designation.
I don’t know what this inquiry had to do with real estate, but with real estate if you just have a few people that you wanted to go to equally, we can do what they call a Lady bBrd deed, which is called an enhanced life estate deed. And that’s where you executed deed, conveying the property, who are, you want to receive a debt, your death, but you receive all retain all the rights of ownership during your lifetime. And that way you can sell it, keep all the money. You can change the beneficiary anytime you want. And it doesn’t create a problem for Medicaid. It preserves all your rights as far as homestead property. If  you’re dealing with your homestead property and it’s referred to as Lady Bird, deed, and at that’s how it appeared in a treatise, probably 25 or 30 years ago, where the author named all of his documents after famous people and it’s named after Lady Bird Johnson. So if you have any questions about needing to have a lady bird deed prepared will give me a call at (727) 847-2288.

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What is a geotechnical report. It’s a report that shows the results of test of the ground and whether or not there’s any problems. Usually it’s done in conjunction with testing for sinkholes. And so the report will show the types of soils, whether or not there’s any open spaces whereby that avoids  where the limestone or infrastructure could collapse or, and also says what kind of soils, which would indicate whether or not there’s any debris involved. And usually this is, you usually have this done. If you’re buying, let’s say residential property, if there’s any indication that there’s any cracks in the house that you’re buying, or if there’s any sinkhole activity in the neighborhood, if the neighbor, or, you know, there’s six other sinkhole reported problems in the neighborhood, well, it might do well to go ahead and have this report, have this inspection done, to determine whether or not there’s any sinkhole activity underneath this house.
If it’s vacant property before you build, you may want to go out there and have these tests done and get a report to indicate whether or not there is any problems as far as the soil is concerned. And there are a couple of types of I’m familiar with.. One is a radar, which is not quite as good as whenever they do borings as far as the term, the soils, and also they have another tests where they do tamping to see whether or not the lime rock base is solid or whether it would crack. So, I’m probably not the right guy to call as far as a geo-technical reports concerned. Cause I’m not really qualified to read it. I would just have to take the opinion of whatever’s in the report. But if you, if you’re buying property and have questions about whether you should have a test or not, I’ll be glad to talk to you about it. My phone number is (727) 847-2288. Thank you.

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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.