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What Are Lease Violations?

There are many reasons why a landlord may choose to evict a tenant in Florida. If the landlord sufficiently warns the tenant with written notice, as required by Florida state law. If the tenant refuses to comply with the written notice, the landlord can file an eviction lawsuit in response.

Some of the most common reasons that a landlord can evict a tenant with cause are if the tenant was not paying rent, committing an illegal act, violating the lease agreement, and more.

Additionally, a landlord can end the lease agreement with a tenant without cause if they are on a month-to-month agreement rather than a fixed term by giving the tenant sufficient notice. This action usually requires at least 30 days’ notice to the tenant.

Three Day Notice To Pay Rent

Typically, as soon as a tenant is late paying rent, the landlord can issue a written three-day notice to pay the past due rent or vacate the premises. The written notice should include specific details regarding how much rent is owed and what date it’s required, taking into account that Saturday, Sunday, and legal holidays do not count toward the three-days.

If the tenant chooses not to abide, they have three days to vacate the premises, and the landlord can pursue the rent that was due and still owed at that time.

Lease Violations and Seven-Day Notice

According to Florida state law, a landlord who discovers a lease violation can send a written notice to the tenant explaining what the violation is and give them seven days from the day they received the letter to amend the breach.

Furthermore, suppose the tenant has been given a seven-day warning before and corrected the violation but is in violation for the second time in twelve months. In that case, they may not receive a second warning and can be asked by the landlord to vacate the premises immediately.

If the tenant does not comply, the landlord can file an eviction lawsuit immediately.

Common Lease Violations

Some of the most common violations are listed below. This list isn’t meant to be exhaustive but instead lists some of the most common violations.

Unlawful pets – in some cases, landlords will allow one or a pet under a certain weight. If the pet discovered living on the premises doesn’t meet the guidelines, this could be grounds for a lease violation. Other landlords don’t allow pets at all, so if one is discovered, it could lead to a seven-day warning or eviction.

Long-term guests – most landlords will have stipulations in the lease agreement relative to guests that stay with their tenants. Typically, there is a time limit for guests, such as a maximum of 48 hours or longer. If the tenant has a guest who stays with them longer than what is allowed, this could subject them to a seven-day notice or eviction.

Property Damage – you likely went through a final walk-through of your space before signing the lease. During this time, the landlord is observing any existing issues or that things are up to par and not in need of repair. If they discover that at some point after you move in, there is now property damage that wasn’t there before, they may choose to warn you to repair the damages within seven days or vacate the premises.

Commercial Use – in some cases, tenants will wish to use their leased space for commercial purposes. This use doesn’t include general work-from-home duties such as the use of your laptop; it applies to those who may have regular supplies shipped in or have clients that frequent their leased space often, and it’s becoming an issue at the property.

Landlord Lease Violations

Tenants aren’t the only ones subject to lease violations. Sometimes, a landlord can be responsible for a lease violation, such as the property being not habitable. If a tenant is living in a property that is unsafe or without regular maintenance, this may be a lease violation on behalf of the landlord.

Tenants also have privacy rights, meaning the landlord can’t just enter the property whenever they choose. Landlords must give tenants reasonable notice to enter the property to complete maintenance, perform repairs, or do regular property evaluations.

Tenants can withhold rent, report code violations, or pursue a lawsuit against the landlord should the violations occur without remedy.

Your Tireless and Fierce Ally

If you are up against a tenant that you need to evict and they are making things challenging, consider working with an experienced real estate lawyer. You don’t have to navigate the tenant process alone. Similarly, you have options if you are a tenant and your landlord is guilty of lease violations. Consult a trusted ally who can help you determine your options and handle the situation to the best of your ability, making you eligible to pursue legal options against them.

With decades of experience in helping our clients in all areas of real estate law, we are confident that we can assist you in protecting yourself and your rights. We specialize in real estate law but can also assist you with civil litigation, estate planning, and more. Our team is comprised of Florida natives who are familiar with laws and how to navigate them effectively.

Contact us today at (407) 904-9166 to learn more about how we can best assist you and formulate a strategy together to help you successfully handle this chapter of your life and move on to the next.

What is a Will?

A will is a document that stipulates what happens with your assets upon your death. In Florida, the maker of the will, or the testator, can be anyone of at least 18 years of age. Each state has different rules to ensure a will is enforceable. In Florida, you must have the will signed and notarized with a witness.

The testator can make changes to the will at any time. However, it is essential to note that changes must be made by creating a new will or by written amendment, as edits to the original will or crossing out information may invalidate the original will.

Who Inherits When There’s No Will in Florida?

Putting together an effective estate plan with an experienced attorney is important. If you don’t have a complex estate, you may find that just having a will is sufficient.

Without a will, your estate will go through the probate process. A personal representative will be appointed to manage the process and distribute the assets according to a formula to your heirs. The formula used is the inheritance statute and must be followed without regard to the wishes of your heirs but rather by law.

Why is it Beneficial For Your Heirs For You To Have a Will?

The probate process can be time-consuming and costly. If you pass away without a will, there is someone appointed to handle your affairs. This person is typically not someone you or your heirs know.

By having a will in place, you can avoid most or all of the probate process, which can save your family time and money. Suppose privacy is a priority to you and your family. In that case, you can also avoid having so much of your personal information made public throughout the probate process by having an effective plan in place.

By having a plan in place, you can also account for those heirs who either may need extra support or shouldn’t have access to funds. For example, if you have a son or daughter that maybe isn’t as equipped to handle an influx of cash from your estate, you can stipulate how those funds will be distributed to add protection. Also, if you have an heir that may benefit more than others as a beneficiary, you can ensure they are taken care of by addressing that in your estate plan.

Additional Benefits of Creating a Will

When you create a will, you can choose who will manage your estate upon your death rather than having the state appoint someone. This option allows you to choose someone you trust and who understands your wishes, whether a relative or a company you trust with your assets.

You can also choose to gift assets to charities or other important needs upon your death.

Guardians can also be named in a will to care for minor children. This option may be especially important to some so they can ensure their children are taken care of by someone they trust after they are gone should something unexpected happen to them.

Creating a will allows you to be in the driver’s seat and decide who will have tax ramifications rather than the state making those decisions. Through a comprehensive estate plan, you can eliminate most of the tax implications for your family that can occur upon death.

Do I Need to Make Regular Updates to My Will?

An effective will is enforceable indefinitely, provided it was a valid will to begin with. You can make changes as necessary by adding further instructions via addendums or creating a new will.

Life can change in the blink of an eye. Maybe the people who were once named beneficiaries are no longer legally part of your family for divorce or other reasons. You can make changes to your will to account for the changes in your life as you see fit.

Does Everyone Need a Will?

The short answer is yes; everyone who is over the age of 18 should have an enforceable will in place. Some may feel that they don’t have enough of an estate to plan ahead for, but the truth is, by having a will in place, your heirs can benefit more from your assets rather than having them eaten up by unnecessary taxes and fees through the probate process.

A will is one tool that can be used as part of a comprehensive estate plan. You can utilize trusts and other options to further protect your assets and family.

No matter the size or complexity of your estate, there are benefits for almost anyone to have a will in place.

Does Everyone Need a Will?

Our team prides itself on being patient and kind with our clients while being aggressive and thorough with our opponents. We take the time to listen to our clients, to really understand their wishes, and to learn what their priorities are.

Call our office at (407) 904-9166 today to schedule your initial consultation and learn what options may benefit you and your family. You have worked your entire life for the assets you now possess.

Don’t let them be in the hands of the state or someone you don’t know. Put together an effective plan that allows your heirs to benefit best from your legacy. You can continue to care for your loved ones long after you are gone by doing so.

We look forward to serving you and your family.

Who Do I Need to Hire To Purchase a Home?

With a typical real estate transaction, both parties (the seller and the buyer) will have a real estate agent walk them through the process. They are involved in finding the right home, initiating negotiations, overseeing paperwork, and the entire process.

Some individuals choose to include a real estate attorney for the purchase or sale of a home. Why? Regardless of the transaction amount, purchasing or selling a home is likely one of the largest or most significant transactions you have entered into. With this much on the line, it’s essential to ensure that you follow all legal aspects and protect yourself from every angle.

Who Has Your Best Interest at Heart?

One of the single most beneficial reasons to work with an attorney on your real estate transactions is that they always have your best interest at heart. They are ethically bound to ensure that they are protecting your best interest. By establishing a working relationship with you, they can learn your wishes and goals and help guide you throughout the process accordingly.

In contrast, a real estate agent is hired to have your interests and dreams at the top of their mind, but they also may choose to forego your best interests at times for the sake of a smooth transaction or sale.

One of the best forms of insurance you can give yourself and your financial investments or transactions, especially of this significance, is an experienced attorney.

What Aspects Can a Real Estate Attorney Help Me With?

A consistent challenge for people when purchasing a home is the paperwork involved. With a significant amount of money on the line, you want to ensure that the contracts or paperwork you are signing are error-free. An evaluation by a trusted attorney to ensure there aren’t hidden mistakes or wording that could cost you significantly is an excellent peace of mind that an attorney can provide.

Additionally, attorneys can help guide you through negotiations and provide necessary clarification of contract details to keep your best interests and financial investment a priority. If something can be added or removed to ensure a smooth transaction occurs, they can suggest an edit you may not realize was necessary.

Undisclosed defects on the property or inaccurate information can occur in real estate transactions if you aren’t dissecting each aspect of the process. If you aren’t well-versed in inspection issues, you may agree to overlook items that can cost you considerably in the future. Some real estate agents are knowledgeable in the process and can learn to look out for these issues and help you avoid them. An experienced attorney can help provide additional leverage and insurance so that you avoid unnecessary financial stress during the real estate process.

Neutral Party Provides Clarity

Another aspect to consider, similar to your attorney has your best interest at heart, is that they can also offer sound legal advice without the emotions or excitement of the home-buying process that you and your real estate agent may engage in.

We have probably all been there at one time or another, where you get caught up in the excitement and can’t see past your “dream home” (or other dreamy purchase) for the issues that may exist or gray areas that have yet to be clarified.

An attorney can provide you with a clear perspective of the transaction every step of the way and keep you on track so you can avoid making significant financial decisions without clarity.

Save Invaluable Time

There’s nothing worse than beginning a process, such as purchasing or selling your home, and having each step drag on and on. By working with an experienced attorney, you can allow them to keep the process moving forward on time, within legal timelines or deadlines that need to be met, and more.

With your attorney overseeing effective communication from both parties, the real estate agents, the lenders, escrow companies, and all other relevant parties can streamline the process and shorten it when done well.

Save Money

It may seem counter-productive to hire another party in addition to a real estate agent for your real estate transactions but consider a few things first. Without clarity on significant issues such as the appraisal or home inspection, will you run into considerable financial problems in the future? Can more be done to address issues before buying or selling to save you money in the future?

Are there edits to be made to documentation or contracts that can ensure you aren’t inadvertently placing yourself in a financially vulnerable position during this transaction? All these aspects and more are things that an attorney can take off your plate so you can focus on what matters most to you.

Do I Need an Attorney for a Real Estate Transaction in Florida?

The simple answer is no; you typically aren’t legally required to have an attorney included in a real estate closing. However, as discussed above, buying or selling a home is far from simple and, in many cases, can quickly become complex.

Although real estate transactions occur every day without the oversight of an attorney, you may quickly find that your peace of mind and level of financial protection are worth the cost of an experienced legal professional. Rely on them for legal advice, to answer complex questions and more. Let them take some of the stress of the process off your hands and protect your best interests.

Contact us today at (407) 904-9166 to learn how we can assist you with your real estate transactions.

Avoiding Probate Can Offer Relief For Our Loved Ones

Avoiding probate is on everyone’s list when they are planning an estate. The probate process can be time-consuming and expensive for our loved ones, leaving them with less than we intended when planning for life after we are gone.

Some tactics are available to ensure the probate process is as streamlined as possible for those you leave behind. One of those tactics is to utilize the Lady Bird Deed approach in Florida. This article will discuss more details surrounding this option and help you to decide if it’s best for you and your family.

What is the Lady Bird Deed?

You are not alone if you have never heard of the Lady Bird Deed. The Lady Bird Deed also called the enhanced life estate deed, can offer peace of mind to property owners. So how does it work? The Lady Bird Deed originated in the 1980s and was created by a Florida lawyer.

The Lady Bird Deed is an excellent resource in that it allows a property owner to give the property to another without losing the rights to the property until their death. This allows the current owner to make changes or upgrades to the property while they are still living rather than losing their rights to the property, which can happen when using other resources in estate planning.

Primary Benefits of The Lady Bird Deed

What makes this resource such a great option? Namely, the property owner maintains their rights while alive, as discussed above. They can maintain, change, profit from the property, and choose to sell it at any time.

Once the property owner passes away, the property is transferred to the beneficiary, avoiding most or all of the probate process. This option can save the beneficiary time, hassle, and costs associated with the probate process.

The owner can also avoid paying a gift or estate tax on this property by utilizing the Lady Bird Deed, which appeals to many.

The costs associated with a Lady Bird Deed are typically less than costs for other resources such as a living trust. Securing the Lady Bird Deed can also be less intrusive or complex for those who prefer a more straightforward approach to their estate planning.

What About Medicaid Eligibility?

Another very appealing characteristic is that should the property owner seek benefits such as Medicaid later in life, utilizing the Lady Bird Deed removes the value of the said property from the eligibility equation. What makes this especially important is that Florida follows a “look-back” period when it comes to qualifying for Medicaid.

This means those seeking eligibility will be subject to looking back five years to their assets to ensure they weren’t transferring them specifically to be eligible for Medicaid. With the Lady Bird Deed, the value of the property is exempt.

Are There Disadvantages To The Lady Bird Deed?

There are some disadvantages to this resource that you must consider. One of them is that utilizing the Lady Bird Deed doesn’t protect that property from creditors. If you owe debt and creditors choose to place a lien on the property to satisfy a debt, they are not stopped, as the property is still in your name until your death.

Further changes to your estate plan may require additional steps as changes arise should you choose to use the Lady Bird Deed. Your estate planning attorney can discuss these extra steps with you and streamline the process as much as possible.

Should the beneficiary of the property pass away before the current owner does, it can become unclear who owns that asset. Plan for this with your estate planning attorney and discuss whether or not you can create a contingent beneficiary to avoid this.

What If I Need to Make Changes?

The property owner can revoke the Lady Bird Deed at any time. If something pops up and they no longer wish for the beneficiary to have access to their asset upon their death, they can simply revoke the original deed.

It is also important to note that should the property owner choose to change the beneficiary at any point; they can typically do so by creating a new Lady Bird Deed naming the new beneficiary, which can nullify the original deed.

This flexibility appeals to many, as you are not “stuck” when you create the Lady Bird Deed, and you can make changes as necessary when life changes.

Where Do I Start?

If you are overwhelmed by the estate planning process, don’t be. It doesn’t need to be complex and challenging. In fact, with a streamlined approach, you can save yourself and your loved one’s challenges and questions in the future.

We take pride in the aggressive advocacy that we provide our clients. We have your best interest at heart, which is the bottom line. You have worked your entire life to provide for your family and yourself. Let us help you protect that legacy and ensure your loved ones can rest easy while they transition to the new chapter of life after you leave.

With some simple strategies, we can work together to seek the best resources for you and put them in place so you can relax and enjoy the fruits of your labor.

Contact our office at (407) 904-9166 to get started. We take the time to sit down with our clients and learn about their wishes and needs. We formulate a custom strategy that encompasses all their dreams and provides thoughtful care for their loved ones. We look forward to helping you and your family.

Buying or Selling: Why Real Estate Transactions End Up in Litigation

According to the Florida real estate site, the housing market has been fluctuating but without a significant decrease in recent years. Due to the high volume of transactions, problems can arise quickly.

Suppose you were involved in a transaction and later discovered that you were misled or fraudulent activity occurred. These examples may cause you to pursue legal action against the other party. This article will discuss how Florida handles real estate litigation and your options.

Can a Buyer Sue a Seller After Closing in Florida?

The short answer is yes, as long as the reasons are within Florida’s guidelines. The buyer possesses the burden of proof and must provide sufficient evidence that the seller failed to disclose crucial information that would have affected the decision to purchase the home.

Florida law allows the wronged parties to pursue the sellers due to a breach of duty in disclosing information they knew that may have altered the transaction.

Seller’s Responsibilities

Each seller is obligated to disclose issues that are not obvious or identifiable during the inspection of the property. For example, if there were a visible issue with the roof or front door, these issues wouldn’t qualify for necessary disclosure as they are apparent to the buyers upon approaching the home.

Sellers must disclose any issues they know that are not obvious to the naked eye. They are not, however, required to obtain a professional inspection to determine what problems may be lurking. Therefore, their breach of duty can only be proven if enough evidence supports that the sellers were aware of the issues and chose not to disclose them.

What Types of Issues Must the Seller Disclose?

If a known issue may significantly affect the home’s value, such as the examples below, it must be disclosed to the buyers.

Mold – mold can be tough to detect and may not be visible without removing parts of a wall or flooring

Boundary issues – if there are existing issues or disputes regarding the boundaries of the property that are not disclosed to the buyers

Plumbing or HVAC issues – if there are underlying problems involving plumbing or HVAC that are apparent to the sellers but not disclosed, this can lead to issues.

Structural Issues – if settling occurred and foundation issues arose but were not disclosed

Leaks – evidence of past leaks or risks associated with leaks that the seller is aware of

Property Taxes – if the amount of taxes wasn’t truthfully disclosed or an impending significant increase was not divulged, this can cause an issue

What Are the Requirements of the Seller?

Sellers are legally bound to disclose any significant issues that may affect the home’s value.

On the contrary, as mentioned above, if they aren’t aware of significant issues, they aren’t required to prove that with an inspection before listing the home.

Sellers also aren’t required to disclose if someone passed away in the home, whether via natural circumstances or criminal violence such as a homicide.

Sellers aren’t required to disclose whether or not previous occupants were afflicted with a disease or severe health risks such as HIV or Aids.

Sellers may choose not to answer a question based on non-disclosure rather than inadvertently place themselves into an issue by responding with a fraudulent answer.

So Will Selling the Property “As Is” Remove Responsibility From the Seller?

A property listed “as is” generally will allow the seller to remove themselves from paying for repairs if they are discovered after the sale. The buyer signs paperwork explaining that they are aware they are accepting the property and will need to do their own research and cover repair costs in the future.

Selling “as is”, however, does not exonerate the seller from the duty to disclose known material issues that would significantly affect the property’s value.

Examples of Known Issues That May Have Been Hidden

Suppose you suspect the seller knew of issues but didn’t disclose them before the sale. How can you determine this? Examples may be that there is fresh paint covering up significant leak evidence. Has part of the drywall been repaired in wet areas but not sufficiently eradicated mold?

By investigating to find out who the contractors were that have worked on the home recently, you may be able to gather sufficient evidence that the homeowners were made aware of the issues, chose to apply a “bandaid” to the issues discussed and sell their home without disclosing the problem in its entirety.

How Can A Real Estate Attorney Help Me?

As mentioned above, the burden of proof will lie on you and your legal professionals to prove that the seller was aware of significant issues and didn’t disclose them. Your experienced attorney can investigate by searching for contractors with evidence of existing issues and reviewing the paperwork to ensure that the seller breached their duty to disclose problems.

Through years of experience representing our clients in real estate law and litigation, we are invaluable resources to you and your real estate transactions. We become tireless advocates for our clients and utilize years of experience and knowledge of real estate law to ensure they are protected when they need it the most.

Contact our office at (407) 904-9166 to discuss your questions and allow us to build a strategy that achieves and exceeds your desired results.

We look forward to serving you.

What is a Partition Action?

A partition is the division of ownership or interest in land or real property. When more than one property owner can’t agree on the management of said property, they may choose a partition action to allow each owner to have individual rights.

A typical example of multiple owners on a property would be if it were left to beneficiaries upon death or if multiple business owners were involved in a piece of property.

Types of Co-Ownership in Florida

There are three main ways in which multiple parties can own property in the state of Florida.

Tenancy by the entirety is when spouses share an undivided interest in the property with full inheritance rights.

Tenants in common occur when each party maintains a percentage of ownership interests, and the portions may not be equal among the owners.

Joint tenants with rights of survivorship occur when both parties have an undivided interest in the property and inherit each other’s interests upon death.

Common examples of more than one owner may be if business partners jointly purchase property for business purposes, family members inherit property as a group, and spouses who buy property and then divorce.

Types of Partition Actions

One of the most typical partition actions is partition by physical division. In this option, the courts can divide rural land, typically undeveloped, into separate parcels. In an example of siblings being coowners of property left to them by their parents, one of the children would then have ownership over one parcel and the other to their sibling.

Partition by sale is another option and one that business settings see often. The court can order that the property be sold and the proceeds be divided up between the co-owners based on their percentage of ownership. In this example, if multiple people owned real estate and one of the owners wanted to sell out their share, this may be a way to achieve that.

Partition by appraisal is another option that is appealing as well. In this option, an appraisal is utilized to determine what value each interested party has in the property and, therefore, can choose to opt-out at that price. This option is typically completed during a partition action process underway to accomplish all party’s wishes and shorten the length and costs associated with partition legal proceedings.

How to Avoid Partition Actions

Is there any other option than to pursue a partition action? If you cannot agree as a group regarding what to do with the property, you can seek mediation. Mediation is not just for divorces or other family issues. All interested parties can seek a neutral third party to assist them in working through the problems.

A mediator is skilled in negotiations and can help all parties articulate their concerns and work together to attempt an agreement. An appealing benefit to mediation is it is typically less time-consuming and less costly than proceeding with partition actions. Another aspect that several people like about the mediation process vs. courtroom proceedings is sensitive topics can be kept within a mediator’s office or another private setting rather than the public setting of a courtroom.

Should I File a Partition Action Lawsuit?

Some may say that filing a partition action lawsuit should really be your last resort. The legal process can be time-consuming, and costs can add up quickly. However, if it is the route that works best for you after exhausting other options or choosing not to, it provides a realistic solution, and more than worth the time and costs.

For example, if you have a business partner that you know isn’t going to budge, or a family member that you’d rather not try to reach an agreement with, and let the courts decide, it is an appealing option. In both of the previous examples, you may find that pursuing litigation is less stressful and less emotional-based, and therefore, the best option for you.

How Can an Attorney Help Me?

One of the best reasons our clients find appealing to work with an experienced attorney is they don’t have to worry about the stress and emotions that can be present with a touchy subject such as partition actions can bring. You can rely on a strong advocate who is knowledgable and compassionate, and has your best interest at heart at every turn.

Maybe you want to discuss your options and determine the best strategy. Maybe you want to work with a skilled attorney who can shorten the process through their experience and knowledge and take a stressful issue off of your plate for you.

It isn’t every day that most people need to skillfully handle negotiations. There may be other options that you haven’t realized that could give all parties involved a reasonable solution. Let us help you to find that and work towards formulating a strategy that works. You can then put this behind you and move on to the next chapter of your life knowing you have done everything possible to stand up for what you deserve.

Our team has several years of experience advocating for our clients. We are dedicated and compassionate, and most of all, determined to get you the results you are hoping for. Call our office today at (407) 426-7222 to learn more about how we can best assist you.

What Does an Effective Estate Plan Include?

In estate planning, an individual or a family arranges to transfer assets and other financial matters in anticipation of death. An effective plan will help to minimize the tax ramifications for the family after death and help alleviate questions or issues with the probate process.

By creating several documents, your last wishes can be specified, and your family can rest easy knowing you have planned ahead for this trying time in their lives. Items such as how assets are transferred, your healthcare wishes, and more can be stipulated.

Last Will and Testament

A will is one of the most common and important documents to create for almost anyone. Essential items such as who will care for your minor children, how your assets will be distributed, who will inherit what, and what will happen to any real estate you own can be included.

Without a will, a lengthy and costly probate process will be necessary and may include unnecessary tax implications for your loved ones.

What is an Advanced Healthcare Directive?

By creating an Advanced Healthcare Directive, you can name a healthcare agent, or a Durable Power of Attorney, that can handle medical decisions on your behalf should you become incapacitated.

An agent should be carefully selected and someone that you trust fully and is aware of your specific wishes. Items like life-sustaining care can be discussed and stipulated, so there are fewer questions when emergency medical decisions are necessary.

What is a Durable Power of Attorney?

Similar to an Advanced Healthcare Directive, a Durable Power of Attorney allows you to name a person who will have the power to make financial decisions on your behalf should you be unable to.

Suppose you are in the hospital and cannot conduct business or financial transactions. A Durable Power of Attorney can ensure your mortgage and other bills are correctly maintained, your investments are cared for, and your real estate is adequately overseen should significant changes need to be made like the sale of property or other decisions.

One of the most important reasons to appoint a Durable Power of Attorney is for convenience and trust. If you have not appointed someone, the courts may appoint someone on your behalf, and this person may not be the trusted resource you would have chosen to handle your financial affairs when you can’t.

Have You Designated Beneficiaries For Your Assets?

Beneficiary designations are essential to help avoid confusion and unnecessary transfer issues upon your death. The beneficiaries can be appointed by you and revised as necessary to ensure your assets are dispersed according to your wishes. This process alleviates stressful conversations and questions amongst your loved ones regarding who may inherit what.

A best practice for most is also to name a secondary beneficiary for assets. Naming secondary beneficiaries alleviates the need to update beneficiary information so often, as a secondary will inherit the asset if the primary beneficiary isn’t available.

Letter of Intent/Instruction

The Letter of Intent or Instruction can help ensure your wish for funeral arrangements, medical care, and more. Though this letter is not a legal document, it can help to communicate to loved ones what your wishes are so they are aware of how you want things to be handled.

What is a Living Trust?

Another critical option that many choose to utilize is a living trust. With an effective trust in place, your family can avoid probate in most cases or at least lessen the timeline or costs that quickly add up with a probate process.

They are typically created by naming yourself as the trustee so you can maintain control of your assets while you are still alive. You can do so if you choose to transfer, sell, or otherwise distribute the assets within the trust while you are still alive. This document is typically referred to as a revocable living trust, meaning you can choose to amend or revoke it at any time.

An irrevocable trust will typically reference the same items, but you cannot revoke it once it has been signed. The common reason to create an irrevocable trust is to help your loved ones avoid unnecessary tax implications. Fewer taxes make irrevocable trusts appealing, but those who wish to maintain control of their assets may not be the best fit.

A living trust can help ensure that your assets are transferred almost immediately to the appropriate parties, usually without consulting an attorney or enduring the probate process.

Why Work With an Estate Attorney?

By being proactive in planning for the inevitable, your family can rest assured important decisions are handled and they don’t have to question significant issues during their time of grief.

While it can be uncomfortable for us to face the idea of our mortality, providing a clear direction for our loved ones through an effective estate plan can be one of the kindest and most thoughtful acts for us to consider.

Several of our clients find peace of mind knowing that they have considered several options for the future and were able to communicate how they wish to proceed. You have worked hard your entire life to care for yourself and provide for your family.

Putting together an estate plan is an extension of this desire to provide for our family, even after we are gone.

Contact our office at (407) 426-7222 to discuss your questions in confidence and put together an effective estate plan that will cover all of the important aspects for you and your family.

What is an Unlawful Detainer in Florida?

An unlawful detainer is a court process that assists homeowners, property owners, or other legally positioned people in obtaining court help to remove someone from their property. 

For example, if you have a tenant, you would evict them if they weren’t paying rent or were otherwise a less-than-desirable tenant. In a situation of someone living in your home or your property without a lease agreement or that is paying your rent, you may not have legal recourse, such as an eviction. 

With an unlawful detainer, you can engage in this process to remove the person from your property or home. Typically this process involves romantic partners, family members, or friends.

Why is it an Unlawful Detainer?

If you have legal rights to a home or property and the person you are asking to leave does not, this may lead to an unlawful detainer situation. Without a written or oral legal agreement for a lease term, it is hard to have recourse without an unlawful detainer.

An example may be a relative or romantic partner refusing to leave your home. If they are not a joint property owner and you are the sole owner, you may choose to pursue an unlawful detainer process to get them to leave. If there is another joint owner, you may need to involve them in removing an unwanted guest from your home.

What Are the Steps to the Unlawful Detainer Process?

The first step in the process is to file a complaint. Due to Florida law, you don’t have to notify the defendant before filing this complaint and pursuing a lawsuit.

The defendant has five legal business days to respond to the complaint. If the defendant answers, the case may go to mediation to resolve the situation before going to the courts.

Mediation can be effective and aid in the two sides coming to a mutual agreement on a date that the defendant will move out. Mediation is appealing for several reasons, but one of the main reasons is that it typically requires less cost and less time to get a desirable result. Personal issues are also kept more confidential, rather than in a courtroom, to come to an agreement that both parties can be satisfied with.

What if Mediation Doesn’t Work?

The courts will get involved, and you can work with your attorney to prove your desire to have the defendant removed from your property. If you win the case, the defendant will have a short time to appeal the decision, typically less than ten days.

An appeal is not typically likely unless an error has occurred during the original court proceedings.

Defense for an Unlawful Detainer

Due to the nature of unlawful detainer cases, it is difficult for the defendant to win. This doesn’t mean, however, that it is impossible. If the defendant can prove, for example, that they have been paying rent during their stay, this may be cause for courts to determine the case invalid.

For example, if a loved one stays temporarily with the plaintiff and contributes to the household or pays rent and can prove it, the case may be thrown out.

Additionally, the case may be thrown out if the defendant can provide evidence that the plaintiff doesn’t have legal rights to the property in question. Generally, these details will be ironed out long before the case gets to the courts, but if it can be proven, the courts will need to verify the plaintiff does have legal rights to the property and that the defendant does not to proceed.

How Can I Prepare for an Unlawful Detainer Case?

It is essential to prove that you have legal rights to the home and that the future defendant does not. This legal proof can be established through title, deed, or trust paperwork that clearly states your name, not the defendant’s.

Document thoroughly that you have not received rent from this person. Proof can also be documented through various text messages, voicemails, or emails stating that you wish to remove the other person from your home and that they have not paid rent while they stayed with you.

Documentation of repeated requests that the person leaves your home can also be helpful. This documentation can establish a pattern easily seen by the courts that you have attempted to rectify this situation and now need legal assistance.

How Can An Attorney Help Me?

Though these cases may seem straightforward, they can be challenging as the original living arrangement is typically made with someone you have or once had a personal connection with. It could be an ex-romantic partner, a family member you were helping, or a friend you were looking out for temporarily but now taking advantage of you.

An experienced attorney can help ensure you are readily prepared for an unlawful detainer case, have filled out your paperwork efficiently, and more. They can provide sound advice from a legal perspective as to what your options are and what strategies you may consider before pursuing a legal process.

They can assist you in negotiations that may alleviate having to proceed with an unlawful detainer case. If this doesn’t help or isn’t a viable option, they can represent you in court.

Contact our office at (407) 426-7222 to learn how we can best assist you in preserving your rights.

What is a Florida Revocable Trust?

A revocable trust in Florida is a legal fiction, meaning that you and the trust are the same things as long as you’re alive. As you file your income taxes, you file the assets listed in the living trust as you would other assets that give you an income.

The effect of having your assets in a living trust is that it changes the asset’s title for legal purposes. Instead of having the property under your name, they acquire the living trust’s name. Lawyers from an Orlando corporate and real estate law firm can guide you on how to create a revocable trust that meets the requirements.

What Requirements Must a Revocable Trust Meet to Make It Executable?

According to Florida Statute 736.0703(s)(b), the testamentary aspects of a revocable trust are invalid unless the trust settlor executes the document. Your trusts lawyers in Orlando can guide you on the following formalities required for creating a revocable trust, which are similar to those for the execution of a will:

The Trust Maker or Testator Must Be of Sound Mind

The testator or the trust maker is the person that establishes the living trust and determines the provisions of the agreement. As the testator, you must meet the following conditions:

• Have the capacity to create a trust
• Indicate an intent to make a trust
• Have definite beneficiaries
• Have duties to perform
• Have a separate trustee and beneficiary

In Florida, anyone 18 years or older with a sound mind can create a living trust as long as they have the mental capacity to do so when the document is executed.

What It Means to Be of Sound Mind

Being of sound mind implies that you generally understand:

• The nature and extent of the property to be distributed
• The relationship between you and those who would naturally claim a benefit from the trust
• The purpose of the testamentary trust.

The testamentary act comprises the provisions of distributing the trust property on or after your death. The better your understanding of these factors, the less the likelihood that the trust will later be challenged in court.

Signing and Witnessing the Trust

The Probate Code in Florida requires wills to be signed in the presence of two attesting witnesses. The two must also sign the will in the presence of each other and the testator. The testator must also sign the document at the end and subscribe their name.

Another person can do this in the presence of the testator and the witnesses under the testator’s instructions. The same requirements apply in the case of a revocable trust. The court will deem it invalid if you have no witnesses or they don’t sign the document. The document is also invalid if you don’t append your signature.

Trustee

A revocable trust must always have a trustee to serve and own the assets you transfer to it during your lifetime. You could be the trustee or could name a co-trustee to manage the property as your direct them for your benefit while you’re still alive.

Upon your demise, the trustee is generally responsible for distributing the trust property to the named beneficiaries. Alternatively, they may continue holding and managing the property on behalf of your beneficiaries. The document goes a long way in avoiding the appointment of a guardian if you become incapacitated.

Designating Beneficiaries

The lifetime beneficiary of a revocable trust is often the testator. So, you will continue to have lifetime access to income and principal of the living trust during your lifetime. You also must designate a death beneficiary who will benefit from the remaining principal and income once you die.

Assets in a Revocable Living Trust

Only assets in your name that don’t have a beneficiary designation or a survivorship provision pass through Florida probate court. If you have assets that are likely to pass through probate when you die, it’s advisable to have a revocable living trust.

For example, a bank account with a proper beneficiary designation will not pass through probate, as the named beneficiary will receive all the funds in the account. This may not be a good idea if the beneficiary is a minor.

You can place such assets in a revocable living trust instead. Your Orlando trusts attorneys can provide in-depth guidance on the property to list in a revocable trust.

The Trust Must Be Revocable

A revocable trust implies you can alter or cancel the document’s provisions depending on your wishes. During the life of the trust, you can distribute the income earned, and only after your death does the property gets transferred to the trust beneficiaries. The tool offers flexibility and more control over the assets you hold in a trust.

You can appoint a trustee to distribute your assets to the beneficiaries upon death. During your lifetime, it remains private and only becomes irrevocable when you die.

Unless a court expressly states otherwise, it cannot be modified, terminated, or amended in your absence.

A Skilled Trusts Attorney Helping You Meet the Requirements of a Revocable Trust

When creating a revocable trust, you must meet the requirements that make the document executable. A lot goes into creating this estate planning tool, considering it differs from an irrevocable living trust and other estate planning documents. It would be advisable to engage the expertise of experienced trust attorneys in Orlando to avoid mistakes that would cost you later.

Our Orlando real estate, corporate law, family law, and personal injury law firm hosts knowledgeable trusts attorneys who can oversee the process of creating estate planning tools. Estate planning is one of your most important decisions, and you shouldn’t gamble when choosing a professional to guide you. Contact us to schedule a FREE case evaluation.

What Are the Reasons Why Financial Institutions Reject a Power of Attorney?

A power of attorney (POA) is a legal document that gives someone the authority to act on your behalf. A financial POA authorizes your appointed agent or attorney-in-fact to handle your financial matters if you become incapacitated.

A lot is at stake when you give away power over your finances. So you should consult legal experts from an Orlando estate planning law firm. However, creating a POA is not enough. Your agent may run into some resistance when presenting the POA to the bank, sometimes due to the following reasons:

The POA Is Not Valid

A bank may reject an incorrectly executed power of attorney. A POA is validly executed if signed by the principal in the presence of two witnesses before a notary, according to Florida Statute Section 709.21405. Duly signed copies of a POA should be as effective as the original document. Consult estate planning lawyers in Orlando on how to make your POA valid.

The POA Hasn’t Been Activated

Some POAs only become active when the principal becomes incapacitated. Until then, the POA may be springing. Incapacitation must be proven according to the terms spelled out in the document. For example, one or more physicians must have examined the principal and determined they can’t manage their affairs due to mental incapacitation.

Given the circumstances, the bank will want to see the POA and the physician’s letter to satisfy the requirements for activating the POA. Other documentation may also be necessary to facilitate the activation of the POA, giving the agent the power to act on your behalf. Consult skilled Orlando estate planning attorneys to help you make the activation successful.

The POA Is Not Durable

If you become incapacitated, your agent can’t use the POA you created unless it is durable. In other words, you must have made the POA long-lasting, even during incapacitation. While POAs are durable by default in some states, you must explicitly state so in the document to make them durable.

The POA is Too Old or Stale

Even if you’ve done everything right and the bank should recognize your agent, it may still not give access to your bank accounts. That may happen because the document is too old, implying it is stale. The bank assumes that if the record is over a few years old, you may have revoked the POA or signed a new one to replace the old one.

It’s, therefore, vital to keep your POA documents fresh by signing a fresh one every few years. Your estate planning attorneys in Florida can guide you on how often you should refresh your POA documents.

What If the Power of Attorney is Wrongfully Rejected?

A bank must accept or reject a power of attorney within four business days. Additionally, the bank may not require you to sign their POA form if the one presented to them is valid and adequately authorizes the agent to handle your banking transactions.

According to Florida Statute 709.2120 (5), a bank that rejects a valid POA document will be liable for damages, including attorney’s fees and costs associated with legal action to confirm the validity of the POA.

What Can I Do If a Bank Rejects a POA?

Even with the best preparation and everything in place, you may still incur problems when making the bank recognize your POA document’s validity. The situation is understandable because financial institutions don’t just grant access to customers’ accounts. They could face legal action if they let the wrong people access the accounts.

To prevent a tussle between your agent and the bank concerning your POA, here are the steps you can take:

Research Your Bank’s POA Requirements

By researching your bank’s POA requirements, you will have the best defense against refusal. Meet with your bank manager and learn all you need to know about the document.

A local estate planning attorney would have practical knowledge of the financial institutions that are less likely to create a difficult time for your agent over the POA. Having this information before incapacitation is your best bet to avoid trouble later.

Set Up the POA Early

It’s prudent to create your POA while you still can fully control your faculties. Adequate planning lets you choose the person you’re most comfortable with as your agent without feeling pressured. You can also decide whether to make the powers you authorize narrow or broad, remembering that the POA can be invoked at any time.

Choose the Right Attorney to Help You Set Up the POA

Every power of attorney document is different, and its implications can be long-lasting. Avoid downloading some “standard form” from the internet or getting online legal advice when creating the document. Working with legal experts from a reputable real estate, corporate law, family law, and personal injury law firm in Orlando is your best bet for doing everything right.

They can review the document and ensure the provisions meet your specific planning needs. While you may worry about the costs of hiring a lawyer to help you, the return on investment is often worth it in the long run.

An Experienced Estate Planning Attorney Evaluating Your Power of Attorney Document

A POA of attorney is a legal document that banks shouldn’t have a reason to reject if done correctly. However, circumstances may arise beyond you that make the document unacceptable. You can reduce the chances of having the document rejected by ensuring you take the proper steps when creating it. A skilled estate planning lawyer in Florida can guide you.

The lawyers at our Orlando real estate, corporate law, family law, and personal injury law firm are accustomed to dealing with banking authorities in relation to powers of attorney. We can work with the bank’s legal department to check if the reason for rejection is valid and help you appropriately. Contact us to schedule a FREE, safe, and secure case evaluation.

What is a Residential Eviction?

A residential eviction can occur when a tenant violates or materially breaches the tenancy terms. An eviction can also result if the tenant refuses to move out after their lease term has subsided.

Chapter 83 contains the laws and obligations of the tenant and landlord in Florida.

What Steps Does a Landlord Need to Take to Evict a Tenant?

The process has several steps to ensure that it is practical and legal. Read below to learn more.

1. The tenant must be given a default notice requiring them to vacate the premises. In some cases, this may be a 3-day notice requiring them to pay the past due rent that is owed.
2. File an eviction with the appropriate county and the plaintiff and defendant’s contact information and current address.
3. The eviction complaint must contain verbiage stating an attempt to evict has been made, that the landlord owns the property at said address, and include the date the most recent rent was due and whether or not the rent was paid. The landlord must also pay the required fee.
4. The tenant has five working days to respond to the complaint. The tenant can file a response or produce rent payments during this time.
5. Ensure that the tenant receives the notice, so they are aware of the timeline to respond.
6. The landlord can then file a motion seeking default judgment should the tenant refuse to comply with the notice.
7. The courts will review the case and the tenant’s response to determine judgment or to schedule a hearing. Once the courts have provided a decision, if warranted, the landlord can rely on the police to evict the tenant by providing them with a writ of possession.

What Options Do I Have as a Landlord in Florida?

Landlords can follow the process to legally evict a tenant who is in breach of their contract. A landlord can not take matters into their own hands and attempt to evict the tenant without the proper legal process.

Landlords also can not shut off the heat, water, or power from a tenant’s home in an attempt to get them to leave. If a landlord is found to have engaged in these activities, they can result in a hefty lawsuit against the landlord.

If the courts find that you can evict the tenant and the police have been given a writ of possession (24-hour notice) to evict the tenant, it is important not to impede this process. The landlord must wait until the police are on the property and have performed their duties, ensuring that no people or pets are left inside the property. It can benefit the landlord to have a locksmith ready to inhibit the tenant or others from re-entering the property after the eviction.

How Long Does the Residential Eviction Process Take in Florida?

In Florida, the eviction process can take weeks to a few months to complete. If the process has been started and the tenant complies without complaint, the process can take effect relatively quickly. In the case of an uncontested eviction, where the tenant does not respond to the eviction notice, the process can be completed promptly by a police officer once the courts make their judgment–this process can often be completed in around 4-6 weeks.

If the tenant contests the eviction, they may hire legal representation to help them prove why they feel an eviction isn’t necessary. An experienced attorney can provide specialized guidance on how to proceed within eviction laws.

What is a Seven-Day Notice With Opportunity to Cure?

Suppose a tenant is found to be out of compliance with their lease through illegal activity or another violation. In that case, the landlord may choose to file a seven-day notice with the opportunity to cure.

This option allows the tenant to be aware of the violation and gives them seven days to return to compliance with their original agreement. If the tenant refuses to make the necessary adjustments, the landlord may file an eviction in court.

Examples of a time when a seven-day notice with the option to cure may be used are if the tenant has a pet that was not approved, they consistently park where they aren’t allowed to, they fail to keep the premises safe and sanitary, or an unauthorized tenant is residing on the property.

The tenant will have seven days to resolve the issue and provide sufficient proof that they are now compliant to suffice the complaint.

If repeated issues occur, the landlord also has the option to file a seven-day notice without an opportunity to cure.

Some examples of where a need for a notice without an opportunity to cure would be if the tenant willfully damages the property and has repeated violations in the past leading to seven-day notices with the opportunity to cure, misuse of the property, and more.

Why Work With an Attorney?

Several laws in place protect both landlords and tenants. Understanding your rights and remaining compliant is crucial to ensure the process is effective and smooth. An experienced attorney can help ensure you stay compliant and avoid making costly mistakes.

Whether you are the landlord or the tenant, eviction is never fun. It doesn’t, however, have to be overwhelming and can proceed smoothly when effectively handled.

Contact our office today at (407) 426-7222 to learn how we can best assist you in protecting yourself as a landlord or tenant in the state of Florida. We have years of experience working tirelessly for our clients and are confident we can help you, too.

It can be challenging to determine who should be liable if a tenant is injured on their rental property. Is it the landlord? Is there an option for compensation for the injuries? What can the landlord or the tenant do to protect themselves moving forward? We will review these topics in the following article. Read below to learn more.

Was the Landlord Negligent?

Florida has a premises liability law that requires all landlords to maintain all rental property to protect the safety of tenants and their guests. They must do this by complying with their duties to fix issues they are aware of in a reasonable amount of time.

These requirements also mean adhering to the applicable county, state, or federal housing codes relative to their property and following through on all maintenance needs. These actions can include ensuring the safety of the premises through sidewalk maintenance and installing anti-slip materials where necessary. It can also include repairing handrails, steps, roofs, potholes, and other common slip and fall hazards.

What Factors Will Be Reviewed to Determine Negligence?

The following factors will be reviewed by the courts when faced with a personal injury case to determine negligence on behalf of the landlord. 

Notification of hidden dangers. Landlords must relay knowledge of potential property hazards, such as uneven stairs or uneven flooring, or redirect tenants to use another set of stairs until they can repair the property. 

If the tenant is injured on a piece of property that the landlord is legally responsible for maintaining, this may be an issue. For example, if a broken handrail on a staircase was not repaired in a timely fashion and the tenant fell, they may have cause for negligence. 

The likelihood of serious injury will be reviewed. For example, suppose a portion of the property needs maintenance and could be a reasonable cause for serious injury. In that case, the landlord must prove an effort was made to warn the tenants of the area via a sign or other signal to the hazardous area. 

If it is reasonable that an accident can occur, the landlord is responsible for mitigating that risk. If a freak accident occurred, it isn’t likely that the landlord would be found negligent, as it was an unreasonable cause for injury. 

What Damages Can I Potentially Recover in a Tenant Injury Case?

If you are injured on your rental property and negligence is proven, there are a few forms of compensation that you can pursue.

The cost to repair your injuries, such as medical bills, physical therapy bills, costs associated with transportation to the hospital and back (including the ambulance ride, if necessary), and costs for medications essential to your injury.

You may also be able to recover costs associated with lost wages. Both while you are healing and if you now have a diminished earning capacity due to your injury. For example, a substantial injury may change your employment capabilities.

Non-economic damages such as loss of enjoyment of life may also be included. Pain and suffering can be included in non-economic damages, mental anguish, and more.

What is Comparative Negligence and Why is it Important?

Comparative negligence involves more than one party exhibiting proven negligence that led to the injury or accident. In some cases, the landlord may be proven to be negligent, but the tenant also contributed to the fault for the accident due to their actions.

For example, if the tenant was acting recklessly while running up or down stairs with an untied shoe and the laces and running contributed to the cause of the fall, they may be found partially at fault for the injury.

Courts will consider all the facts that led to the accident and determine a percentage of fault for both the landlord and the tenant. Suppose both parties are proven to be at fault, the landlord is 60% at fault, and the tenant is 40% at fault. In that case, the tenant will have the compensation reduced to 60% of total damages, rather than 100%, as they were found to have contributed to the negligence of the incident. In this example, if $1,000 in total damages were awarded, the tenant would be awarded $600.

What is the Statute of Limitations?

The statute of limitations on slips and falls founded on negligence in Florida is four years. The timeline gives the tenant four years to file a lawsuit in an attempt to recover damages.

If the tenant does not file within four years of the date of the fall, the case may be denied by the courts, regardless of merit.

How Can a Lawyer Help?

Whether you are the tenant or the landlord in an injury lawsuit situation, we understand and respect how challenging this position is. It is crucial to have an experienced attorney on your side. One with vast knowledge of the rules and regulations that must be adhered to on both sides and what to expect.

Without proper representation, you could wrongfully be negligent, and this can cause significant financial distress and unnecessary stress that could be avoided.

Don’t attempt to work with just anyone to be your tireless advocate in this situation. Contact our office today at (407) 426-7222 to speak with highly trained and compassionate lawyers ready to assist you with your needs and confident in our ability to do so.