Skip to main content
Easler Law PLLC 321-206-3603

Legal FAQs

Questions asked by the public about Florida law.

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

What Defines a Charitable Bequest?

A charitable bequest is a gift made through a will or trust, leaving a specific asset, a fixed sum, or a percentage of the estate to a charity. The donor can change or revoke it during life.

Read answer
Wills & Trusts

What Is a Pet Trust?

A pet trust provides for the care of an owner's animals if the owner becomes disabled or dies. It names a trustee to manage funds for their care and sets out the owner's instructions.

Read answer
Probate

What Happens If You Don't File Probate in Florida?

Without probate, the court never distributes the estate, creditors receive no notice to file claims, and debts and taxes go unresolved, leaving beneficiaries to assert their rights through litigation.

Read answer
Real Estate

What Is a Satisfaction Of Mortgage?

Paying off a mortgage or refinancing loan is a major milestone for home and property owners. However, the simple act of sending in a final payment is not enough to remove a lien on the title in the public records.

Read answer
Real Estate

What Is a Special Warranty Deed?

A special warranty deed transfers Florida real estate with a limited guarantee: the seller warrants clear title only for the period they owned the property, not for problems created by an earlier owner.

Read answer
Real Estate

What Is a Title Search?

A title search reviews the public records for liens, judgments, bankruptcy filings and defects affecting a property's title before the property is bought, sold or transferred.

Read answer
Real Estate

Trustee, Guardian and Personal Representative Deed

A trustee, a personal representative of an estate or a guardian may sign a deed transferring real property managed for others. A guardian of the property may sell the ward's real property only after the court approves the sale.

Read answer
Wills & Trusts

What Is a Will?

A will is a signed legal document setting out how a person's property is distributed after death. In Florida, it must be in writing, signed at the end by the maker and signed by two witnesses in front of the maker and each other.

Read answer
Real Estate

What Is an Affidavit Of Death Certificate?

A Florida affidavit of death is a sworn statement that a person has died. It does not replace a certified death certificate, and institutions set their own documentation requirements.

Read answer
Real Estate

What Is an Affidavit Of Deed?

An affidavit of deed is a sworn statement confirming facts about a real estate transfer, such as the date and parties. It does not replace recording the deed in the county records.

Read answer
Real Estate

What Is an Easement Deed?

A Florida Easement Deed is an easement granted by the property owner to a third party. This gives that party a legal right to use or have access to the owner's land.

Read answer
Real Estate

Why Are Title Searches Important For Sellers, Buyers, And People Who Transfer Deeds To Related Parties?

Title searches are important for:

Read answer
Probate

What Assets Are Exempt From Probate in Florida?

Jointly held property with rights of survivorship, accounts with named beneficiaries, POD and TOD accounts, living trust assets, homestead, and enhanced life estate deeds generally pass outside probate.

Read answer
Probate

When Would a Decedent's Property Be Subject To Ancillary Probate in Florida?

When a person who lived in another state dies owning property in Florida, an ancillary administration may be needed in Florida for that property, alongside the main probate in the state where the person lived.

Read answer
Probate

What Is the Expense of Ancillary Probate?

Ancillary probate costs in Florida depend on the Florida assets, the type of ancillary administration and how the attorney's fee is set, such as an hourly rate or a percentage of the estate.

Read answer
Probate

What Is Ancillary Probate?

Ancillary administration is Florida probate for a nonresident who left Florida property. Florida offers formal, short-form ($50,000 or less), and summary administration.

Read answer
Probate

What is an Affidavit of Heirship?

An affidavit of heirship is a sworn statement of a decedent's family history and heirs. It is not a court order and does not by itself replace probate.

Read answer
Wills & Trusts

Is an Attorney Required To Write a Will in Florida?

Florida does not require an attorney to write a will, but the will must be signed at the end in the presence of two attesting witnesses, who must also sign it, and an improperly executed will may not be admitted to probate. An attorney can prepare a will that fits the client's assets, family and Florida law.

Read answer
Business

What Are Pre-Incorporation Agreements?

A pre-incorporation agreement is made between the promoters before the corporation legally exists. It covers who handles what, initial contributions, how shares are allocated, and how disputes are resolved.

Read answer
Civil Litigation

What Are the Key Elements of Contracts?

Key contract elements include offer and acceptance, consideration, capacity, legal purpose, definite terms, and free consent. Florida law also requires a signed writing for certain contracts.

Read answer
321-206-3603