Morey Law Firm, P.A.

 

If you believe your property is at risk from adverse possession, or if you’re making an adverse possession property claim, arrange to discuss the matter at once with an Orlando adverse possession attorney.

What is adverse possession? It’s a legal concept that allows someone to gain title over a property owner’s land and become the owner. It means that a neighbor, or even a stranger, can squat on your property and develop a legal ownership claim.

How does adverse possession work in Florida? What should property owners know, and how can they avoid losing property to adverse possession? What should you know if you are making a claim to property under adverse possession? Keep reading for the answers to these questions.

How Does Adverse Possession Work?

Adverse possession can happen unintentionally or intentionally. When it’s intentional, a squatter or trespasser – a person occupying someone else’s land, illegally at first – does so to reside on the land or to take possession of it.

Other cases are unintentional. For instance, if a homeowner builds a fence that unintentionally encroaches on a neighbor’s property line, after a time, the homeowner may be able to claim adverse possession of the encroached land.

A claimant who prevails with an adverse possession claim is not required by Florida law to compensate the original owner for the property.

How Does Someone Prove an Adverse Possession Claim?

In Florida, whoever holds the legal title to land is assumed to be its owner until an adverse possession claimant can prove that a court should grant the title of the land to that claimant.

Standard adverse possession in this state is called “without color of title.” A successful adverse possession claim requires a claimant’s possession of the property to be:

1. hostile (there is no easement, lease, or rent agreement)
2. actual (in practical control of the land)
3. exclusive (only the claimant controls the land and claims it)
4. openly visible and notorious (using the land openly, without hiding the occupancy)
5. continuous for the statutory period (in Florida, seven years)

Additionally, the land has been maintained, cultivated, improved, or protected by a substantial enclosure. The claimant also must have paid any outstanding special improvement liens and taxes on the land within a year of assuming possession.

What Else Should a Property Owner Know About Adverse Possession?

Florida law gives property owners extensive protection against adverse possession. The requirements for succeeding with an adverse possession claim in this state are almost impossible for a claimant to meet.

If you find someone is encroaching on your property in central Florida, it’s probably a mistake. Politely asking that person to leave is the first step. (Alternately, you could offer to rent the land and ask that person to sign a lease). If that fails, put your demand to leave the property in writing.

If that fails, ask an Orlando adverse possession attorney to seek help from the courts on your behalf. You may need to bring a lawsuit to remove the person, or you may need to obtain a court order to remove a structure off your property.

If you’re a property owner dealing with the possibility of adverse possession, or if you want to make an adverse possession claim, speak first with Florida real estate attorneys from our law firm. You can reach our offices in Orlando by calling 407-426-7222.

Selling your home without a real estate agent can save you considerable cash, but if it isn’t done correctly, a mistake could cost you. If you sell your home without an agent in central Florida, have the pertinent documents drafted or reviewed by an Orlando real estate lawyer.

When you sell your home or any other real estate in Florida, the paperwork is extensive. A Florida real estate attorney can review all of the legal documents, ensure compliance with the law, and answer all of your questions and concerns about the real estate transaction process.

Your real estate attorney will know exactly which phrases and terms in a sales contract or another real estate document may need to be revised to meet your needs or to achieve compliance. If you sell without an agent, you must be advised by a real estate attorney.

Why Hire an Attorney?

An astute real estate lawyer can make the difference between a successful residential real estate transaction and an expensive mistake. Your real estate attorney works for you – not for a commission.

An Orlando real estate lawyer will provide you with reliable legal advice, useful insights, and quality legal services that you will need for a successful residential property sale.

They can also protect your long-term best interests, review every pertinent document to ensure full compliance with the law, and ensure that you are treated right at every stage of the transaction process.

What Other Services Does an Attorney Provide?

Real estate closings are complicated. Without sound legal advice, you could expose yourself to financial risk. An Orlando real estate lawyer will ascertain the risks for you – as well as the opportunities.

Florida requires anyone selling a home to disclose any significant property defects that may not be easily visible to the buyer. Sellers may use the “Seller’s Property Disclosure Form” provided by the Florida Association of Realtors, and an Orlando real estate lawyer will help you prepare that form.

Mandatory disclosure protects homebuyers, and Florida courts impose stiff penalties for fraud and misrepresentation. If you sell your home without an agent, ask an Orlando real estate lawyer to explain how Florida’s mandatory disclosure requirement will impact the transaction.

What Else Should You Know About Selling Your Home Without an Agent?

Our law firm maintains the highest professional standards; provides quality legal services to our clients at reasonable rates; and works with all parties involved to bring the sale of your home to a satisfactory and successful conclusion.

We serve clients in the Orlando area and throughout central Florida. Selling a home is a major undertaking fraught with potential complications and risks, but when you put the matter in our hands, you can be assured that the transaction will be handled properly.

Before you put that “For Sale By Owner” sign in front of your home, contact our offices in Orlando by calling 407-426-7222 and obtain the legal advice and insights that you’ll need.

In central Florida, if you are injured in a car accident, you’ll need to speak with an Orlando car accident attorney about your right to compensation. However, no lawyer will be at the accident scene to advise you, so you will need to take some steps to protect yourself.

What should you do in the immediate aftermath of a car accident? If you keep reading, you will find a list of the seven steps you must take after an auto collision, and you’ll learn about your right to recover compensation.

After a Car Accident, Take These Steps

#1: If you are injured, or if anyone else was injured in the accident, seek or summon medical help at once. That’s the immediate, paramount priority.

#2: Call the police to the scene. You will eventually need a copy of the written police accident report, so ask the officers when and how you will be able to obtain one.

#3: Exchange personal contact details and insurance details with the other driver or drivers. Get the name, address, phone, driver’s license, license plate numbers, the insurance company’s name, location, and phone number, and if possible, the other driver’s policy number.

#4: Take photographs of the accident scene, the damage to the vehicles, the license plate numbers, and your own visible injuries.

#5: If there were any eyewitnesses to the accident, try to obtain their names and phone numbers. Later, your attorney may need their statements or testimony.

#6: If you are not treated at the scene or taken to the hospital, you must have a medical exam at once. Even if you feel fine, you may have sustained a latent injury. In Florida, if you do not have a medical exam within 14 days of a car accident, you cannot recover compensation for injuries.

#7: You will need to notify your auto insurance company that you’ve been in an accident, but when you notify the company, give them only the basic facts: when and where the accident happened, the other driver’s name, and the make and model of the other driver’s vehicle.

Why Is a Medical Examination Imperative?

An undetected latent injury may quickly – or sometimes, slowly – emerge as a serious medical condition. Having a medical examination within 24 hours of an accident, even if you don’t feel injured, ensures that any latent injuries will be detected.

Moreover, if you’ve been injured, an immediate medical exam protects you legally. Without it, you may not be able to link your injury directly to the accident, and the other driver’s insurance company may claim that you were injured somewhere else and in some other way.

Florida law has a “14-day rule,” and if you do not submit to a medical examination within 14 days of a car accident, you cannot recover compensation for injuries.

When Should You Contact an Orlando Car Accident Attorney?

If you are injured in a central Florida car accident, as soon as a medical professional has examined and/or treated you, contact our Orlando personal injury attorneys at 407-426-7222.

In Florida, the injured victims of negligence are entitled to recover compensation for their medical expenses, lost wages, pain and suffering, and related losses. If the other driver was negligent, our team will fight on your behalf for the compensation you need.

Do not wait to make the call. After a car accident, your attorney needs to examine the evidence before it deteriorates or disappears, and your attorney also needs to question any witnesses before their memories fade.

If you’ve been injured by a negligent driver, call us at 407-426-7222. As a victim of negligence, compensation is your right.

Should you set up a family limited liability company (LLC)? Establishing an LLC is a smart way to protect the assets of your family business.

A limited liability company is a business structure that shields the company’s owners from any personal responsibility for the company’s debts and liabilities. LLCs merge some of the advantages of corporations with some of the advantages of a partnership or sole proprietorship.

A family LLC can be set up in Florida by family members to protect family business assets against any claims made by creditors. If your family owns a business in central Florida, a family LLC may be the most practical way to protect your assets from creditors and liability claims.

A family LLC is also a useful estate planning tool for dividing and transferring family business assets. A limited liability company is a closed corporation.

How Does a Family LLC Work?

A family LLC requires one member of the family to serve as the LLC’s managing member. A family LLC’s operating agreement should specify and restrict the rights of ownership, designate the responsibility for decision-making, and spell out exactly how assets will be transferred.

How do limited liability companies differ from sole proprietorships and partnerships? A limited liability company separates the company’s assets entirely from the owners’ personal assets. It legally shields the owners from the company’s debts and liabilities.

If an LLC is sued by a creditor or goes bankrupt, the owners’ personal assets cannot be pursued. Family LLCs may be set up for business purposes, such as brokerage account management or real estate management, but family LLCs may not be used to manage personal residences.

What Does a Family LLC Require?

Effective asset protection needs to be in place before a claim or liability occurs. When a claim or liability happens, it will almost certainly be impossible to obtain asset protection after the fact.

In central Florida, setting up a family LLC requires the advice and services of an Orlando real estate planning attorney who has experience working with family businesses.

In addition to asset protection, a family LLC lets you control the assets throughout your lifetime, keeps the assets within the family, and may help to reduce the taxes that may be owed by you or by your family members while you are alive or after you’ve passed away.

Do You Need a Comprehensive Estate Plan?

For a variety of reasons, it may be smart to consider establishing a family LLC. Moreover, a family LLC may only be one part of the complete estate plan your family may need.

Speak with our law firm about establishing a family LLC or a comprehensive estate plan that will protect your assets and give your family financial security – after your death or even if you become disabled or incapacitated.

To set up a family LLC or a comprehensive estate plan, or simply to learn more, you can schedule a consultation with us by calling our Orlando law offices at 407-426-7222.

Lane splitting is riding a motorcycle between lanes or rows of slow-moving or halted traffic, all going in the same direction. If you are injured in a traffic accident caused by lane splitting, ask an Orlando car accident attorney to help you recover compensation.

Lane splitting is illegal in Florida.

Florida motorcyclists should know that if they cause a crash by lane splitting, the motorcyclist will be deemed at fault and will not be able to recover compensation from the other driver. No compensation will be available beyond what the motorcyclist’s own insurance will cover.

How Can You Avoid a Collision With a Motorcycle?

Auto, truck, and bus drivers can reduce the possibility of an accident with a motorcycle by following these safety guidelines:

• Look both ways at intersections, and always use turn signals.
• Give motorcycles adequate space. Motorcycling requires motorcyclists to watch for obstructions that automobile drivers don’t notice; trash, potholes, or objects in the road. Always leave enough space for a motorcyclist to maneuver.
• Leaving enough space includes not following motorcycles closely. Stopping distances for a motorcycle may vary with road conditions and even among different makes and models of motorcycles. Keep plenty of space in front of you.
• Watch for lane splitters. A court may find a motorcyclist at fault for lane splitting, but if an automobile driver was negligent or careless in an accident with a lane-splitting motorcyclist, a share of the liability for the accident may be assigned to that driver.
• If an Accident Happens

These tips can help, but motorcycle accidents cannot be entirely prevented. They happen every day. If you’ve suffered personal injuries in an accident that involved a motorcycle, seek medical treatment first, and then contact an Orlando motorcycle accident attorney at once.

Even if you feel perfectly healthy, have a medical exam within 24 hours of an accident. That exam will detect any latent injury you may have sustained, and it also protects you legally.

Without an immediate medical examination, it may be difficult to tie your injury directly to the accident, and the other party’s auto insurance company could claim that your injury happened elsewhere.

Under Florida’s “14-day rule,” you must have a medical exam within the first 14 days after a traffic accident, or you will be disqualified from recovering compensation for your injuries.

What Else Should You Know?

Motorcyclists have the same rights as every other driver on Florida’s streets and highways, but lane splitting is not one of those rights. It’s dangerous and against the law.

If you are injured because a motorcyclist was lane-splitting, and if you and your attorney can prove it, the law will be on your side. We can review the details of your case and help you win the monetary compensation you are entitled to by Florida law.

You may be awarded compensation for your current and future medical expenses, your current and projected future lost wages, personal pain and suffering, and related damages.

To learn more, or to begin the legal process, you can contact our offices in Orlando by calling 407-426-7222. You will pay no attorney’s fee until and unless we recover compensation on your behalf.

If you are injured by a negligent driver in a central Florida car accident, as soon as you have been treated by a health care provider, arrange to discuss your legal rights and options with an Orlando personal injury attorney.

It isn’t difficult to be injured in a Florida car accident. In 2021, more than 400,000 traffic accidents were reported in Florida, resulting in more than 250,000 reported injuries. Those numbers include more than 3,700 fatalities.

Those were reported accidents, but what can happen if you don’t report a car accident in Florida? If you’ll keep reading, you’ll learn the answer to that question, and you’ll learn more about your rights if you’ve been injured by a negligent motorist.

What Does the Law Require?

Florida requires drivers to report accidents if anyone has been injured or killed. Additionally, if the property damage appears to exceed $500 worth of damage, the accident must be reported. The law requires the report to be made immediately or as quickly as possible.

You probably know that even minor bodywork can cost more than $500, and most car crashes easily exceed the $500 legal threshold.

If the police conduct an investigation at the scene of the accident, a driver is not required to file a written accident report, but if no investigation was conducted, a driver has ten days to submit a written report to the Florida Department of Highway Safety and Motor Vehicles.

In Florida, the failure to report an accident that you are required to report is considered a non-moving traffic infraction rather than a crime, and the penalty is a $30 fine.

When Should You Report an Accident to Your Auto Insurance Company?

Most auto insurance policies require drivers to notify the company as soon as possible after an accident happens. A failure to inform your auto insurance company about an accident could trigger a denial of your property damage or injury claim or even the cancellation of your policy.

You are not obligated to speak with the other motorist’s insurance company or to inform that company of the accident. If you’ve been injured, refer all of that company’s inquiries to your Orlando personal injury attorney, who will do all of the talking and negotiating on your behalf.

What Constitutes Leaving the Scene of an Accident?

Don’t leave the scene of an accident until a police officer dismisses you. Even if no one has been injured, leaving the scene of an accident that involves property damage is a misdemeanor in Florida that may be penalized upon conviction with a jail term and a fine.

If you leave the scene of an accident that resulted in an injury or a fatality, it’s a serious offense – a felony that can send you to prison if you are convicted.

What Else Should You Know?

Report every accident. Never leave the scene. If you’ve been injured because the other driver was negligent, you are entitled by Florida law to compensation for your medical expenses, lost wages, personal pain and suffering, and related damages and losses.

If you’ve been injured by a negligent driver, as soon as you’ve received medical treatment, call an Orlando personal injury attorney at 407-426-7222. As a victim of negligence, compensation is your right. We will fight for the compensation – and for the justice – you need and deserve.

After a person passes away in Florida, probate begins. The probate process must be considered when you plan your estate. Our law firm has considerable experience with the probate courts in central Florida.

If your loved ones need legal assistance with the probate process after your death, an Orlando probate attorney knows how to resolve the most complicated probate disputes. We will make sure that the process is conducted as fairly and as smoothly as possible.

What is probate? Can its cost be reduced, or can probate be entirely avoided? What else should you know about probate in Florida? If you keep reading, these questions will be answered below.

What Happens in the Probate Process?

During probate, a probate court inventories and evaluates the assets and properties in a decedent’s estate, sees that the estate’s taxes and debts are paid, and distributes the remainder of the estate to the parties named as heirs in the decedent’s will.

If you can, you should make sure that your estate will not be subject to probate for at least two reasons. The probate process takes months and, in some cases, longer than a year, and probate is expensive. The legal costs can substantially reduce the value of your estate.

That’s why probate must be considered in the estate planning process, and it’s also one of the reasons why you should seek estate planning guidance from an estate planning attorney who has substantial experience in Florida’s probate courts.

How Should You Choose an Estate Planning Attorney?

Probate is exceedingly complicated in Florida. When someone’s probatable estate is evaluated at $75,000 or less, or if the decedent’s death was two or more years ago, the estate is subject to “summary” administration. Other Florida estates go through “formal” probate administration.

Probate is even more confusing if you own assets in other states. For instance, if you reside and pass away in Ohio but you were the owner of an Orlando condominium, the condominium will be subject to probate in Florida, while the remainder of the estate will be probated in Ohio.

Consulting an Orlando probate attorney will help your estate’s executor – when the time comes – avoid the probate costs and delays that reduce what your loved ones inherit. By preparing your estate plan properly, you can lower the cost of the probate process – or avoid it entirely.

Can Probate Be Avoided?

Probate can be avoided by establishing a living trust. Assets and properties that you move into a living trust legally belong to the trust and are no longer part of your probatable estate. A trustee you’ve named – and not a probate court – will manage and close out your estate.

An Orlando probate attorney will discuss your estate planning needs, review your circumstances, and prepare a living trust that will protect your estate – and your loved ones – from the costs and other difficulties of the Florida probate process.

To learn more about the probate process or to prepare a living trust, you can reach our offices in Orlando by calling 407-426-7222. We can’t know what tomorrow will bring, so you should make the call today.

When you work with a real estate agent to sell a property, the agent prepares a purchase agreement, but if you sell your property on your own (For Sale By Owner or “FSBO”), ask an Orlando real estate lawyer to prepare an FSBO purchase agreement on your behalf.

An FSBO agreement is a legally binding document used in the sale of For Sale By Owner properties. In a For Sale By Owner transaction, this document is usually provided by the seller, who may reach out to a real estate attorney for help with preparing the agreement.

What Should FSBO Agreements Include?

Because it is an enforceable legal document, an FSBO agreement should include provisions that protect your rights. If an FSBO agreement is not clearly and properly written, the entire real estate transaction could fall through, and you could lose a considerable sum of money or both.

An FSBO agreement in the State of Florida must provide a great deal of precise and accurate information, including:

1. your name and the buyer’s name
2. the property’s address
3. the property’s sale price
4. the property’s description
5. a list of every item included in the sale, such as kitchen appliances
6. how the buyer will pay
7. property tax details
8. closing cost amounts
9. conditions and terms for the transaction
10. how a default will be handled
11. the responsibilities of the seller and buyer

An FSBO agreement can be quite detailed and lengthy, and it must be accurate. Do not even consider using a “do-it-yourself” kit. As mentioned previously, any mistakes in an FSBO agreement could cost you dearly. Have the FSBO agreement prepared by a real estate lawyer.

When Is an FSBO Agreement Legally Binding?

Even when it has not been notarized, an FSBO agreement may be considered legally binding – and difficult to back away from – after the seller and buyer have both signed the document.

Take your time considering an FSBO agreement, and go over every detail of the agreement with an attorney. You need to understand clearly any legal obligation or responsibility that an FSBO agreement places on you.

What Else Should You Know About FSBO Agreements?

If you sell your home without a real estate agent (to avoid paying the commission), you can’t jeopardize your best long-term interests to achieve a short-term gain. Real estate transactions require familiarity with contract law, Florida real estate law, and the actual transaction process.

Our firm provides quality legal advice and services at an affordable rate to our Orlando-area clients. We will work both with you and with your home’s buyer to bring the sale of your central Florida home to a satisfying conclusion.

Selling a home FSBO can be risky and complicated, but if an Orlando attorney handles the sale, you can be assured that it will be handled properly. If you are selling your home FSBO in the Orlando area, contact us as quickly as possible by calling 407-426-7222.

If you are seeking to purchase a home in central Florida – and especially if you may be interested in buying a home that is “For Sale By Owner” – you should retain the advice and services of an Orlando real estate attorney.

Some real estate agents in Florida will work with for sale by owner (FSBO) home buyers, but if you are the buyer, you should also have guidance and insights from a lawyer who will give you sound, reliable legal advice regarding your prospective FSBO purchase.

What Should a Buyer-Broker Contract Include?

If you work with a real estate agent, you must have a buyer-broker contract that spells out the details of your arrangement, including the fees you will pay the agent for handling an FSBO purchase. Your real estate attorney should review a buyer-broker contract before you sign it.

You may think that FSBO transactions are simpler, but they’re not, and some real estate agents in Florida will not handle FSBO properties. If the purchase of an FSBO property is an alternative you want to retain, ask your real estate agent directly if he or she handles FSBO transactions.

Why Should You Have an Attorney’s Help?

Buying a home is complicated, and FSBO transactions entail even more complexities. You may not find a real estate agent willing to handle an FSBO transaction, and you may be dealing with an owner/seller who is not a real estate professional and may have no real estate training.

These additional complications mean that even more will be riding on the pertinent legal documents, which must be both accurate and compliant with the law. An Orlando real estate attorney can:

• protect your best long-term interests
• review and, if necessary, negotiate the sales contract
• accompany you to the closing
• ensure a clear title transfer
• handle any other legal matters that may emerge in an FSBO purchase

The purchase of a home may be the single largest purchase or investment a person ever makes. With so much at stake, you cannot overlook any details or make any mistakes, especially if you are purchasing an FSBO home in central Florida.

What Else Should You Know About FSBO Purchases?

An Orlando real estate attorney will explain your options as a home buyer, prepare or review the necessary legal documents, anticipate potential difficulties, and give you honest legal advice throughout the transaction process.

Our team works with prospective homebuyers who are seeking to purchase residences in the Orlando area and throughout central Florida. Whether or not your real estate agent handles FSBO transactions, we will work on your behalf.

Our law firm maintains the highest ethical standards; offers quality legal services to clients at affordable rates, and works with both the buyer and the seller to bring the purchase of your central Florida home to a successful conclusion.

Purchasing an FSBO home is complicated and risky, but if an Orlando real estate attorney from our law firm is handling your purchase, you can know the transaction is being handled properly. If you are buying a home in central Florida, you can reach our law offices by calling 407-426-7222.

If you or your company in central Florida has been injured or has suffered losses – or if another party accuses you of causing injury or losses – you should be advised and represented by an Orlando personal injury attorney.

“Tort law liability” is the liability a party faces for causing damage or injury either negligently or intentionally. A “tortfeasor” is the party deemed liable for a civil offense that injures another party. Specifically, a tortfeasor is the party that has inflicted an injury or loss on another party.

If a tortfeasor is found liable in a civil court, the tortfeasor (called the “defendant”) must compensate the wronged or injured party (called the “plaintiff”) for losses and damages.

The civil offenses a tortfeasor may have committed include but are not limited to fraud, trespassing, negligence, and emotional harm. Corporations, for instance, may be deemed liable for manufacturing and selling defective or faulty products that harm the users.

What Can an Injured Party Recover?

As you would imagine, the amount that a plaintiff can recover from a tortfeasor depends on the type and extent of the injury or damage the plaintiff suffered. Personal injuries may require a tortfeasor to compensate a defendant for:

• current and projected future medical expenses
• current and projected future lost wages
• personal pain and suffering
• all related losses and damages arising from the personal injury

When the tortfeasor is a business deemed liable for harassment or discrimination, the tortfeasor may be ordered to compensate the defendant for lost wages, emotional pain and suffering, legal fees, and even for treatment and psychological counseling.

What Can an Injured Business Recover?

When a business is “injured” or suffers losses, a tortfeasor may be ordered to compensate the business for lost earnings and lost earnings opportunities. Lawsuits brought by a business against a tortfeasor may be triggered by contract disputes or intellectual property disputes, for example.

When a tortfeasor acted intentionally and/or egregiously in a personal injury case or any other civil case, a court may also order the payment of punitive damages to the defendant.

When Should You Contact a Civil Liability Lawyer?

A civil liability lawyer handles almost any type of case that is based on one party’s non-criminal complaint against another party. Civil cases include personal injury, product liability, premises liability, wrongful death, and medical malpractice cases.

But civil liability lawyers also handle contract disputes, discrimination and harassment cases, wage and hour lawsuits, intellectual property claims, and most business, real estate, and insurance disputes.

You would need a civil liability lawyer, for example, if your business is damaged in a hurricane and your insurance company rejects your damage claim or if another company is using your company’s trademark without authorization. If you are not sure whether or not you have a civil liability claim, ask an Orlando civil liability attorney.

When Should I Contact a Lawyer?

With years of legal experience in central Florida, our team represents clients in virtually every type of civil liability case. We have an impressive record of success on behalf of our clients, and we have established a reputation for legal excellence.

To learn more, or to begin the legal process in your own case, contact our law offices in Orlando by calling 407-426-7222.