Frequently Asked Questions
Real Estate Law
The primary law governing real estate transactions in Florida is called the Florida Real Estate Settlement Procedures Act (RESPA). It regulates real estate transactions, promoting transparency and fairness for buyers and sellers.
No, verbal agreements for real estate contracts are not enforceable in Florida. Under the Florida Statute of Frauds, for real estate contracts to be enforceable, they must be in writing.
The disclosure requirements for sellers in Florida include disclosing any known material defects that could affect the property’s value or desirability; failure to do so can lead to legal liability.
The process for filing a construction lien in Florida begins with the owners signing a written contract with the contractor, recording a notice of commencement, and handling notices to owners carefully. They should also obtain lien waivers with each payment.
Easements grant certain rights to others regarding property use (e.g., access for utility companies) and can limit how property owners use their land.
The rights landlords have under Florida law are outlined in the Florida Residential Landlord and Tenant Act (FRLTA), including the right to collect rent, maintain property, and evict tenants under specific conditions.
Yes, you can buy property in Florida without a real estate attorney. However, while not legally required, hiring a real estate attorney is highly recommended to navigate complex laws and protect your interests during transactions.
A title search verifies property ownership and uncovers any liens or claims against the property, which is crucial before completing a purchase.
If a buyer fails to close on a property, the seller may have the right to retain the buyer’s deposit as liquidated damages or pursue specific performance through legal action.
Recent updates to real estate law in Florida state that starting January 1, 2024, witnesses will be required to provide their addresses on documents affecting real estate ownership.
Estate Planning Law
The difference between a will and a trust in Florida is that a will is a legal document that indicates how your assets will be distributed after your death. In contrast, a trust allows for the management and distribution of your assets during your lifetime and after death, often avoiding probate.
No, you don’t need both a will and a trust. However, you may benefit from having both. You can create a trust to manage your assets during your lifetime and after, while a will can specify guardians for minor children and address any assets not included in the trust.
The benefits of creating a living trust in Florida include managing your assets while you are alive, providing privacy since it does not go through probate, and facilitating quicker asset distribution upon death.
Yes, you can change your wills or trust after they are created. In fact, you can do so at any time while you are competent. However, irrevocable trusts typically can only be changed once established with consent from all beneficiaries.
If you die without a will (intestate) in Florida, state law determines how your assets are distributed among your heirs according to statutory formulas, which may not reflect your wishes.
To know if your will is valid in Florida, it must be written, signed by you, and witnessed by at least two individuals who are not beneficiaries. It is advisable to have it notarized for self-proving purposes.
A self-proving will include an affidavit signed by the witnesses at the time of signing the will, making it easier to validate in probate court without requiring witness testimony later.
Yes, you can name your pet in your will or trust. You can include provisions for pet care in your will or create a pet trust so you know they are cared for after your death; however, pets cannot inherit money directly.
A testamentary trust is created within a will and comes into effect upon the death of the testator. It allows for the management of assets for beneficiaries according to specific terms set forth in the will.
Generally, there are no tax implications when transferring property into a trust; however, it’s important to consult with an attorney or tax advisor to understand any potential implications specific to your situation.
Legal Guardianship
A guardian under Florida law is appointed by the court to make decisions for individuals (minors or adults) who cannot make decisions for themselves due to incapacity.
You can appoint a guardian for your minor children in Florida by designating a guardian in your will; courts generally honor this choice unless the appointed person is deemed unqualified.
A preneed guardianship allows competent adults to designate someone as their future guardian should they become incapacitated.
The responsibilities of a guardian in Florida may include making financial or personal decisions for their wards. Guardians must also prioritize the ward’s safety, health, and overall quality of life.
Yes, guardianship can be established voluntarily. Individuals can petition for voluntary guardianship if they need assistance managing their property without being declared incapacitated.
The role of a power of attorney compared to guardianship is to allow individuals to appoint someone to manage their affairs without court supervision, while guardianship requires court oversight.
Any resident of Florida who is at least 18 years old and of sound mind can serve as a guardian in Florida; non-residents may serve if related by blood or adoption.
If both parents die or become incapacitated, there must be an appointed guardian for minor children; this process involves court approval.
Guardians are required to submit regular reports regarding their ward’s well-being and financial status as mandated by the court.
Yes, you can change your designated guardian after your will is created. You can update your will at any time to change your designated guardian as circumstances evolve or preferences change.