Questions asked by the public about Florida law.
Yes. In Florida a house can pass by will to a named beneficiary even with a mortgage on it, but unless the will says otherwise the estate does not pay the loan off. It stays with the property.
A Florida house can pass to heirs with its mortgage, liens, and other encumbrances intact. If you are exempt from the due-on-sale clause you may take over the payments; if not, you may be able to assume the mortgage.
If you are the executor of an estate in Florida, you may wonder if you need to hire a probate attorney. The answer to this question depends on a few factors.
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.
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.
It is possible to put a house in a trust with a mortgage, but it's important to understand the implications of doing so.
Florida probate attorneys usually bill by the hour, averaging around $350 per hour plus costs and expenses. What you actually pay depends on the attorney's experience and the scope of work your case needs.
In Florida a surviving wife is generally entitled to inherit her husband's estate when there are no children. Exceptions apply, such as a will that specifically excludes her from inheriting.
A power of attorney acts for someone who is still living, under the authority that person granted. An executor is named in a will and acts only after death, carrying out the wishes of the deceased.
A corporate resolution is a formal document in which a corporation agrees to specific actions or goals.
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.
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.
There are two types of business structures in the United States - corporations and LLCs.
Adding someone to a deed usually takes an attorney about an hour, plus third-party costs such as recording fees, taxes, or estoppel fees. The exact cost depends on your circumstances.
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.
A healthcare proxy is a legal document that is usually part of an estate plan and appoints someone you trust to make decisions about your medical care if you cannot do so yourself.
A living will states your wishes for end-of-life medical care, whether that means doing everything possible to keep you alive or simply being kept comfortable. It is one part of a complete estate plan.
A power of attorney lets an agent act for you on property, financial, or medical matters. The authority can be general, durable through incapacity, limited to one task, or confined to health care decisions.
A healthcare proxy names someone to make medical decisions for you when you cannot make them yourself, such as when you are too sick to communicate. Choose someone you trust who knows your wishes about care.
A probate attorney handles the legal requirements of probate for you, filing the required paperwork and appearing in court on your behalf. That saves time, avoids costly mistakes, and reduces stress after a death.
