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
Real Estate

Is It Possible to Will a House with an Existing Mortgage?

Yes. A Florida house can pass by will to a named beneficiary even if a mortgage remains on it. Unless the will shows an intent to pay the mortgage from the rest of the estate, the beneficiary takes the house subject to the loan.

Read answer
Probate

What Steps Should Be Taken When Inheriting an Unpaid House?

A Florida house can pass to heirs or beneficiaries with its mortgage and liens still attached. If federal law bars the lender from enforcing the due-on-sale clause, the new owner may keep making the payments. Otherwise the lender may call the loan due.

Read answer
Probate

Is a Probate Attorney Necessary in Florida?

Usually yes. Florida Probate Rule 5.030 requires every personal representative to be represented by a Florida attorney, unless the personal representative is the sole interested person or is a Florida attorney.

Read answer
Wills & Trusts

How Can a Trust Help Avoid Probate?

Probate is the legal process of estate administration. It can be time-consuming and expensive, and creating a trust can help avoid probate and is usually a document that is generally part of an estate plan.

Read answer
Wills & Trusts

Does a Will Avoid Probate in Florida?

No. In Florida a will is often the reason an estate goes through probate. Revocable living trusts, beneficiary designations, and lifetime gifts are the usual ways to keep assets out of the process.

Read answer
Wills & Trusts

Is It Possible to Place a Mortgaged House in a Trust?

It is possible to put a house in a trust with a mortgage, but it's important to understand the implications of doing so.

Read answer
Probate

What Are the Costs for Hiring a Florida Probate Attorney?

Florida sets no mandatory probate attorney fee. The personal representative's attorney is paid reasonable compensation from estate assets, and the fee is negotiable.

Read answer
Probate

Does a Wife Automatically Inherit Her Husband’s Assets in Florida?

Not always. With no will, a surviving wife takes the whole estate unless either spouse has descendants from outside the marriage, in which case she takes half. A will cannot cut off her right to a 30% elective share.

Read answer
Probate

What Are the Differences Between a Power of Attorney and an Executor?

An agent under a power of attorney acts for a living principal, under the authority that person granted. A personal representative, often called an executor, is named in a will or appointed by the court and acts only after death.

Read answer
Business

What Is a Corporate Resolution?

A corporate resolution is a formal document in which a corporation agrees to specific actions or goals.

Read answer
Business

What Is an ITIN Number?

An ITIN is a nine-digit tax processing number issued by the IRS to people who need a U.S. taxpayer identification number but are not eligible to obtain a Social Security number.

Read answer
Real Estate

What Is Common Law in Real Estate?

In real estate, common law is the body of legal principles built up over time through judges' rulings in individual cases rather than written statutes. It adapts to new circumstances but can be unpredictable.

Read answer
Business

What Is the Difference Between an LLC and Inc.?

An Inc. is a corporation owned by shareholders and run by a board, while an LLC is owned by members and managed by its members or managers. Both protect owners from company debts.

Read answer
Real Estate

What Is the Cost to Add Someone to a Deed?

The cost of adding someone to a Florida deed depends on the matter and includes recording fees and documentary stamp tax. Fees vary by matter. Contact Easler Law PLLC for a quote.

Read answer
Business

What Are the Responsibilities of a Business Attorney?

A business attorney advises on forming the business, drafts and reviews contracts and commercial leases, and represents the company in disputes, both in negotiations and in court proceedings.

Read answer
Estate Planning

What Is the Purpose of a Healthcare Proxy?

In Florida, the person named in writing to make health care decisions is a health care surrogate. A proxy is someone the statute authorizes to decide when no surrogate was named or the surrogate is unavailable.

Read answer
Estate Planning

What Constitutes a Living Will?

A living will states a person's wishes about life-prolonging procedures if the person has a terminal condition, an end-stage condition or is in a persistent vegetative state. It is one part of an estate plan.

Read answer
Estate Planning

What Are the Functions of a Power of Attorney?

A power of attorney lets an agent act for the principal on property or financial matters. The authority can be general, durable through incapacity, or limited to one task. Florida health care decisions can be delegated with a health care surrogate designation or a durable power of attorney that specifically grants that authority.

Read answer
Estate Planning

Why Is a Healthcare Proxy Needed?

In Florida, a designation of health care surrogate names someone to make health care decisions for the principal, either immediately or when the principal cannot. It must be signed in the presence of two subscribing adult witnesses.

Read answer
Probate

What Are the Reasons for Needing a Probate Attorney?

A probate attorney handles the legal requirements of probate, filing the required paperwork and appearing in court for the personal representative, who in Florida generally must be represented by counsel.

Read answer
321-206-3603