Legal FAQs, Page 8

What Is Tenancy in Common?

Tenancy in common lets two or more people each own an undivided share of a property. A share passes by will or to heirs, not to the co-owners, subject to Florida's homestead rules.

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Estate Planning

What Are the Steps in the Estate Planning Process?

Estate planning covers the management and transfer of a person's assets during life and at death. Steps include inventorying assets, naming beneficiaries, drafting a will, adding any trusts and signing advance directives.

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Real Estate

What Is a Ladybird Deed?

A Florida ladybird deed names beneficiaries to receive property at the owner's death while the owner keeps a power to revoke the transfer. Homestead rules can limit its use when the owner has a spouse or minor child.

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Probate

What happens to an original will after a Brevard County resident dies?

Florida law requires whoever holds the original will to deposit it with the Brevard County Clerk of Court within 10 days after learning of the death.

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Civil Litigation

What is the small claims limit in Brevard County?

Disputes of $8,000 or less go to small claims in Brevard County Court. Claims up to $50,000 stay in county court, and larger cases go to circuit court.

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Probate

Where is summary administration filed in Brevard County, and is an attorney needed?

Summary administration is filed with the Brevard County Clerk's Probate Department, and the Clerk states that an attorney is not required to file it.

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Real Estate

Who is responsible for getting building permits in Cocoa Beach?

Cocoa Beach places permit responsibility on the property owner rather than the contractor, so an owner can be cited when work starts without one.

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Business

How does a business get a Business Tax Receipt in Cocoa Beach?

Cocoa Beach businesses apply online through OpenGov for a city Business Tax Receipt, and every commercial location also needs a Certificate of Use.

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Business

How was the Downtown Cocoa Beach CRA created?

Cocoa Beach voters approved a downtown redevelopment agency in 2008, and the City Commission formally created it in 2009 and serves as its board.

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Real Estate

How is a city lien search ordered for Cocoa Beach property?

Cocoa Beach sends every city lien search request to Orange Lien Data, LLC, the vendor it has used since April 2020 for title companies and buyers.

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Civil Litigation

Where is a small claims case against a Cocoa Beach defendant heard?

Small claims cases against defendants in Cocoa Beach's 32931 ZIP code are assigned to the North Jurisdiction at the Historic Titusville Courthouse.

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Real Estate

When does oceanfront work in Cocoa Beach need a state CCCL permit?

Construction seaward of the Coastal Construction Control Line on Cocoa Beach's oceanfront generally needs a permit from the Florida DEP unless an exemption applies.

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Real Estate

What rules apply to vacation rentals in Cocoa Beach?

Cocoa Beach requires a vacation rental business tax receipt and yearly registration citywide, with inspections and an occupancy cap for properties the owner does not occupy.

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Civil Litigation

Can the winning side recover attorney fees in a Florida lawsuit?

Generally only when a contract or statute allows it. Otherwise each side in a Florida lawsuit usually pays its own attorney fees.

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Real Estate

Who decides variances and special exceptions in Cocoa Beach?

Cocoa Beach sends variance and special exception requests to its Board of Adjustment, while a separate Planning Board advises on land use.

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Civil Litigation

Is mediation required before trial in a Florida civil case?

Often, yes. A Florida court must send a civil money damages case to mediation when a party asks and will pay or share the cost, with some exceptions.

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Real Estate

How long does a contractor have to record a construction lien in Florida?

A Florida contractor must record a claim of lien no later than 90 days after last furnishing labor, services or materials, and the lien generally expires after 1 year.

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Civil Litigation

How long does Florida law allow for a breach of contract lawsuit?

Florida allows five years to sue on a written contract and four years on a contract that is not in writing.

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Probate

What is the elective share for a surviving spouse in Florida?

A surviving spouse in Florida may claim 30 percent of the elective estate, which can include homestead, joint and payable on death accounts, and revocable trust property.

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Wills & Trusts

Does Florida accept handwritten, oral or out of state wills?

Florida rejects unwitnessed handwritten wills and oral wills, but accepts a nonresident's will that was valid where it was signed, unless it is holographic or oral.

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