Questions asked by the public about Florida law.
Probate is the legal process of distributing a deceased person's assets. It can be a time-consuming and expensive process, which is why some people choose to avoid probate through estate planning.
Probate attorneys help people settle the estate of a deceased person.
A business lawyer works across the life of a company, from formation through operation to dissolution. That includes drafting contracts, negotiating leases, and advising on compliance with the law.
Asset protection is the use of lawful strategies, such as trusts, partnerships, and other structures, to shield personal and business assets from lawsuits, creditors, and judgments before a claim arises.
If you pass away with a mortgage, the outcome will depend on the terms of your mortgage, whether you have an estate plan, and whether you have living relatives.
A beneficiary trust is an irrevocable trust that holds assets for the beneficiaries. The grantor gives up control, while the beneficiary directs investments and the assets stay shielded from creditors.
A correction deed is a legal document that fixes minor errors in an already recorded deed, such as a misspelled name or a flawed property description. It does not change the ownership or warranties in the original deed.
This Florida affidavit lets a surviving spouse take half the interest in a homestead as a tenant in common with the decedent's descendants, waiving the life estate. It is irrevocable once it has been filed.
Under Florida's Uniform Disclaimer of Property Interests Act, a beneficiary may decline an inheritance in whole or in part. The disclaimer is signed, witnessed, and recorded like a deed, and cannot be reversed.
A Florida Durable Limited Power of Attorney for Real Estate appoints an agent to act on your behalf in property matters, from a single closing to mortgages, deeds, and leases. It must be witnessed and notarized.
A warranty deed transfers title from seller to buyer with the seller's guarantee that they lawfully own the property, have the right to sell it, and that the title is clear of liens, mortgages, or other encumbrances.
A Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.
Florida state law empowers promissory notes to create a precise, legally binding record of a loan – such as a mortgage – and the borrower’s obligations regarding repayment of the loan.
A Mortgage with Assignment of Rents and Promissory Note can be used for the financing of rental properties in the state of Florida.
A Notice of Contest of Claim Against Payment Bond is a Florida document a contractor uses to dispute a claim for payment of labor, services, or materials. Once served, the lienor has 60 days to file suit.
A Florida Notice of Lien Prohibition tells potential claimants that a tenant cannot subject the landlord's property to a mechanic's lien. The lease must expressly prohibit it and be recorded with the clerk of court.
A Florida Notice to Contractor tells a contractor that a subcontractor intends to seek payment from the contractor's payment bond. It must be served no later than 45 days after labor or materials are first provided.
A personal representative is an individual or entity appointed to oversee the affairs of a deceased person's estate.
A quitclaim deed transfers whatever interest the grantor has in a property, with no warranties or guarantees. It is most often used for transfers between family members, spouses, or trusts where no money changes hands.
A Florida Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.
