Questions asked by the public about Florida law.
A charitable bequest is a gift made through your will or trust, leaving a specific asset, a fixed sum, or a percentage of your estate to a charity. It can be changed or revoked during your lifetime.
A pet trust is a legal arrangement that provides for the care of your pets if you become disabled or die. It names a trustee to manage funds for their care and sets out your instructions for them.
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.
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.
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.
A title search involves checking records to make sure there are no liens on the title, bankruptcy filings, or defects with the title, and if you are buying, selling, or transferring property.
If you are a trustee of a trust, a personal representative of an estate, or a guardian for an individual, you may be in a position where you need to transfer real property of another.
A will is a signed legal document setting out how your property is distributed to your heirs after your death. It must be in writing, signed by you, and witnessed by two people who sign at the same time.
A Florida Affidavit of Death is a sworn written statement that a death occurred. It does not replace a certified death certificate, but some institutions accept it to close accounts or transfer real estate.
An affidavit of deed is a sworn statement by the seller confirming the sale of a property and its date. It protects the grantor from later claims, liens, or back taxes if the deed was never properly recorded.
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 your land.
Titles searches are important for:
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.
If someone who lived in another state dies owning property in Florida, that property goes through a second proceeding here, called ancillary probate, alongside the main probate in their home state.
Ancillary probate costs depend on how complex the out-of-state assets are, the laws of the state where they sit, and whether your attorney charges hourly or a percentage of the estate.
Ancillary probate is a second probate proceeding in the state where the decedent owned real property, when they died a resident elsewhere. Florida allows summary, formal, and international ancillary administration.
An Affidavit of Heirship establishes a deceased person's legal heirs when there is no will, so real property can be transferred without probate. It is sworn by a disinterested third party and filed with the county.
You are not required to, but DIY kits and online templates are generic and easy to get wrong, and a single misstep can invalidate a will. An attorney tailors the document to your assets, family, and state's rules.
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.
A contract is enforceable only if it has offer and acceptance, consideration, capacity, a legal purpose, mutual obligation, definite terms, and free consent. Some contracts must also be in writing.
