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Legal FAQs

Questions asked by the public about Florida law.

All Categories Real Estate Probate Wills & Trusts Estate Planning Business Civil Litigation
Probate

What Strategies Exist for Avoiding Probate?

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.

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Probate

What Services Do Probate Attorneys Provide?

Probate attorneys help people settle the estate of a deceased person.

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Business

What Role Does a Business Lawyer Play?

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.

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Estate Planning

What Is the Concept of Asset Protection?

Asset protection is advance planning that uses lawful tools to protect assets from future creditors. Florida law treats transfers made to hinder, delay, or defraud a creditor as fraudulent.

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Probate

What Happens to a Mortgage When the Borrower Dies?

When a borrower dies with a mortgage, the outcome depends on the loan terms, any estate plan and who receives the home. Federal law bars due-on-sale enforcement on many home loans when the home passes to a relative, including a spouse or children.

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Wills & Trusts

What Is the Definition of a Beneficiary Trust?

"Beneficiary trust" is not a legal term in Florida. People often use it for an irrevocable trust that holds property for named beneficiaries. The trust income is still taxed to the trust, the beneficiaries or the grantor.

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Real Estate

What Is a Correction Deed?

A correction deed is recorded to fix an error in an already recorded deed, such as a misspelled name or a mistake in the legal description.

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Probate

What Is a Homestead Affidavit of Decedent Interest?

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.

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Probate

What Is a Disclaimer of Interest?

Under Florida's Uniform Disclaimer of Property Interests Act, a person may decline an inheritance or other property interest in whole or in part. The disclaimer must be written, signed, witnessed and acknowledged like a deed, and delivered or filed as the law requires.

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Real Estate

What Is a Durable Limited Power of Attorney for Real Estate?

A Florida Durable Limited Power of Attorney for Real Estate appoints an agent to act for the principal in property matters, from a single closing to mortgages, deeds and leases. It must be signed before two witnesses and a notary.

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Real Estate

What Is a General Warranty Deed?

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.

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Real Estate

What Is a Lis Pendens?

A lis pendens warns buyers and lenders that a lawsuit involves a property, and in Florida it affects third parties only once recorded in the county records.

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Real Estate

What Is a Mortgage Instrument and Promissory Note?

A promissory note is the borrower's written promise to repay a loan. A mortgage is the separate document that pledges real property as security for that promise.

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Real Estate

What Is a Mortgage with Assignment of Rents and Promissory Note?

A Mortgage with Assignment of Rents and Promissory Note can be used for the financing of rental properties in the state of Florida.

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Real Estate

What Is a Notice of Contest of Claim Against a Payment Bond?

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.

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Real Estate

What Is a Notice of Lien Prohibition?

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 such liens, and the lease or a notice of the prohibition must be recorded before a notice of commencement.

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Real Estate

What Is a Notice to Contractor?

A Florida Notice to Contractor tells the contractor that a lienor not in privity with it intends to look to the contractor's payment bond for payment. It is generally served before or within 45 days after the lienor begins furnishing labor, materials or supplies.

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Probate

What Is the Role of a Personal Representative?

A personal representative is an individual or entity appointed to oversee the affairs of a deceased person's estate.

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Real Estate

What Is a Quitclaim Deed?

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.

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Real Estate

What Is a Release of Lis Pendens?

Once a case ends or no longer affects the property, the party that recorded the notice records a release so buyers and lenders see clear title again.

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