# Easler Law > Easler Law PLLC is a Florida law firm in Melbourne, Florida, practicing estate planning, wills and trusts, probate, real estate, business and civil litigation law. 508 N. Harbor City Blvd., Melbourne, Florida 32935. Phone 321-206-3603. Email hello@easlerlaw.com. Open Monday–Friday 9 AM to 5 PM EST. Nothing on this site is legal advice, and reading it creates no attorney-client relationship. Every page below is public and indexable; pages the firm has marked non-indexable are deliberately absent from this file. ## Key Pages - [Home](https://easlerlaw.com): Overview of Easler Law, its practice areas and its attorneys. Phone, email and the office address are in the summary above. - [Attorneys in Melbourne, Florida](https://easlerlaw.com/office-locations/melbourne-fl-attorneys): Easler Law serves clients in Melbourne, Viera, Palm Bay and the Beaches. Real estate, probate, trusts, asset protection and business law attorneys. - [Legal FAQs](https://easlerlaw.com/faq): Plain-English answers to Florida's most-asked legal questions on real estate, probate, estate planning, business, and civil litigation, by practice area. - [News](https://easlerlaw.com/news): Regulatory news & firm updates from Easler Law. Follow the Florida agencies that shape real estate, probate, estate planning, business, and civil matters. - [Our Story](https://easlerlaw.com/our-story): Our Florida attorneys have earned hundreds of 5-star reviews and served over 1800+ clients since 2021. We serve Melbourne, Palm Bay, Viera, and the Space Coast. ## Contact - [Email hello@easlerlaw.com](mailto:hello@easlerlaw.com): Write to the firm about a legal matter or to arrange a consultation. - [Call 321-206-3603](tel:3212063603): Reach the office by phone, Monday through Friday, 9 AM to 5 PM EST. ## Practice Areas - [Business](https://easlerlaw.com/business-attorneys): Business law establishes the legal framework for operating a commercial enterprise. It governs how companies are formed, how they interact with employees and partners, and how they manage liabilities. - [Civil Litigation](https://easlerlaw.com/civil-litigation-attorneys): Civil litigation is the formal process of resolving disputes between private parties through the court system. This process covers the full lifecycle of a legal claim, from the initial pre-suit demand letter through trial, judgment, and potential appeal. - [Estate Planning](https://easlerlaw.com/estate-planning-attorneys): Estate planning involves organizing financial affairs and personal decisions for the future. While often associated only with death, the process addresses incapacity as well. - [Probate](https://easlerlaw.com/probate-attorneys): Probate is the court-supervised process for distributing the assets of an individual who has passed away. The primary goal is to settle the financial affairs of the estate, satisfy valid creditor claims, and transfer the remaining property to the rightful beneficiaries or heirs. - [Real Estate](https://easlerlaw.com/real-estate-attorneys): Real estate is more than just land and buildings. It is often the most important thing a person or business owns. - [Wills & Trusts](https://easlerlaw.com/wills-and-trusts-attorneys): A will is a foundational legal tool used to express intent regarding the distribution of assets upon death. It serves as a set of instructions for the personal representative to follow, detailing how property should be handled, who should care for pets, and how accounts should be managed. ## Attorneys - [Andrew David Easler, Esq.](https://easlerlaw.com/attorneys/andrew-david-easler): Managing Attorney - [Jennifer Altreche Gonzalez, Esq.](https://easlerlaw.com/attorneys/jennifer-altreche-gonzalez): Senior Associate ## Team - [James White](https://easlerlaw.com/team/james-white): Director of Special Projects and Entrepreneurship ## Legal FAQs - [Are Foreign Principals Permitted to Own Property Near Military Bases?](https://easlerlaw.com/faq/foreign-principals-own-property-military-bases): Senate Bill 264 bars foreign principals from buying real property within 10 miles of a military installation or critical infrastructure. Owners from before July 1, 2023 must register with the DEO. - [Are noncompete agreements enforceable in Florida?](https://easlerlaw.com/faq/florida-noncompete-enforceability): Yes, if the noncompete is in a signed writing, protects a legitimate business interest and is reasonable in time, area and line of business. - [Are There Fees Associated with Probate?](https://easlerlaw.com/faq/do-you-have-to-pay-for-probate): Yes. The cost of probate can vary depending on the size and complexity of the estate, but it generally costs between 2 and 5 percent of the estate's value. - [Are veterans exempt from the Satellite Beach business tax?](https://easlerlaw.com/faq/satellite-beach-btr-veteran-exemption): Honorably discharged veterans and their spouses can claim an exemption from the Satellite Beach business tax and its fees under a state law the city reprints. - [Can a county code lien on a Merritt Island home lead to foreclosure?](https://easlerlaw.com/faq/merritt-island-code-lien-homestead): Brevard County code liens attach to Merritt Island property when fines go unpaid, but Florida law bars foreclosing these liens on a homestead. - [Can a Florida homestead be left to anyone in a will?](https://easlerlaw.com/faq/florida-homestead-devise-limits): Not always. An owner survived by a spouse or minor child cannot freely leave a Florida homestead by will, though with no minor child it may be left to the spouse. - [Can a Florida probate be handled when the heirs live in other states?](https://easlerlaw.com/faq/florida-probate-out-of-state-heirs): Yes. A Florida probate is filed in the county where the decedent lived, no matter where the heirs live, and heirs can sign before a Florida online notary by video. - [Can a Florida real estate closing be done remotely when a buyer or seller lives out of state?](https://easlerlaw.com/faq/florida-remote-real-estate-closing): Yes. A Florida online notary located in Florida may notarize for a signer in another state, though lenders and title insurers set their own remote closing rules. - [Can a Florida will be signed and witnessed online?](https://easlerlaw.com/faq/florida-online-will-signing): Yes, within limits. A Florida will may be signed electronically and witnessed by video during an online notarization session supervised by an online notary. - [Can a Mortgage Stay in the Name of a Deceased Person?](https://easlerlaw.com/faq/mortgage-stay-in-a-deceased-name): The answer is maybe because Individual cases always vary, and your circumstances may have underlying facts or conditions that may affect whether a mortgage may stay in a decedent’s name. - [Can a Palm Bay code enforcement lien be reduced?](https://easlerlaw.com/faq/palm-bay-code-lien-relief): Palm Bay property owners can ask the city to reduce a code violation lien by filing a Petition for Relief with the Code Compliance division. - [Can a person who lives outside Florida serve as personal representative of a Florida estate?](https://easlerlaw.com/faq/nonresident-personal-representative): Only if related to the decedent in a way Florida law allows, such as a child, parent, spouse, sibling, aunt, uncle, niece or nephew, or the spouse of one who qualifies. - [Can a power of attorney or health care directive be signed online in Florida?](https://easlerlaw.com/faq/florida-online-poa-health-care-directive): Yes, with added safeguards. Witnesses may appear by video during an online notarization, with extra screening when fewer than two witnesses are physically present. - [Can a Property Remain in the Name of a Deceased Individual?](https://easlerlaw.com/faq/can-a-house-stay-in-a-deceased-persons-name): The basics: a mortgage represents debt owed by a borrower that is secured (or “collateralized”) by real property that is, almost always, in the borrower’s name, such as the family home. - [Can a Satellite Beach code complaint be filed anonymously?](https://easlerlaw.com/faq/satellite-beach-code-complaints): Since July 1, 2021, Satellite Beach does not act on anonymous code complaints except for imminent threats to health, safety or sensitive resources. - [Can a West Melbourne home be rented on Airbnb?](https://easlerlaw.com/faq/west-melbourne-short-term-rentals): West Melbourne's planning page says rentals under one week are prohibited in residential zoning districts, and state law on vacation rental duration affects how that rule applies. - [Can an owner who lives outside Florida form and run a Florida LLC?](https://easlerlaw.com/faq/out-of-state-owner-florida-llc): Yes. Florida's residency rule covers the registered agent, not members or managers, so an owner in another state can form and run a Florida LLC through Sunbiz. - [Can Heirs Inherit a Property under a Reverse Mortgage?](https://easlerlaw.com/faq/can-heirs-inherit-a-reverse-mortgage): Heirs, such as a spouse, children, or people named in estate planning documents, may have rights to the home after the borrower dies. A reverse mortgage is still a loan and must be paid in full to avoid foreclosure. - [Can property next to West Melbourne be annexed into the city?](https://easlerlaw.com/faq/west-melbourne-annexation): Property outside West Melbourne can join the city through annexation only if it is adjacent to the existing city limits, under the process set by state law. - [Can the winning side recover attorney fees in a Florida lawsuit?](https://easlerlaw.com/faq/florida-attorney-fee-recovery): Generally only when a contract or statute allows it. Otherwise each side in a Florida lawsuit usually pays its own attorney fees. - [Do Heirs Bear Responsibility for Mortgage Debts?](https://easlerlaw.com/faq/are-heirs-responsible-for-mortgage-debt): The answer to this question depends on the specifics of the situation. - [Do Viera East homes carry community development district assessments?](https://easlerlaw.com/faq/viera-cdd-assessments): Homes in Viera East sit within a community development district that can levy taxes or assessments, and Florida law requires a disclosure in the first sale contract. - [Do You Need an Attorney To Write a Will?](https://easlerlaw.com/faq/attorney-help-you-write-a-will): 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. - [Does a business in Melbourne need a local business tax receipt?](https://easlerlaw.com/faq/melbourne-business-tax-receipt): Yes. A business operating inside Melbourne city limits needs a city Business Tax Receipt for each location, plus a Brevard County Business Tax Receipt. - [Does a Florida LLC protect the owners' personal assets?](https://easlerlaw.com/faq/florida-llc-liability-protection): Generally yes. A Florida LLC's debts belong to the company, but a member stays liable for obligations taken on personally, such as a personal guarantee of a loan. - [Does a Florida LLC still have to file a Sunbiz annual report now that federal BOI reporting has ended?](https://easlerlaw.com/faq/florida-llc-annual-report-after-boi): Yes. The end of federal BOI reporting did not change Florida law, so every Florida LLC still files a Sunbiz annual report, and the fee rises from $138.75 to $538.75 after May 1. - [Does a Merritt Island business need a city Business Tax Receipt?](https://easlerlaw.com/faq/merritt-island-business-tax-receipt): No city receipt applies on Merritt Island, but a business there still needs a Brevard County Business Tax Receipt and a county Zoning Use permit. - [Does a Wife Automatically Inherit Her Husband’s Assets in Florida?](https://easlerlaw.com/faq/is-a-wife-entitled-to-her-husband-s-inheritance-if-he-dies-in-florida): 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. - [Does a Will Avoid Probate in Florida?](https://easlerlaw.com/faq/does-a-will-avoide): 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. - [Does Florida accept handwritten, oral or out of state wills?](https://easlerlaw.com/faq/florida-handwritten-oral-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. - [Does Florida have an estate tax or an inheritance tax?](https://easlerlaw.com/faq/florida-estate-inheritance-tax): No. Florida has no state estate tax or inheritance tax, though a large estate may still owe federal estate tax. - [Does the Presence of a Will Eliminate the Need for Probate in Florida?](https://easlerlaw.com/faq/is-probate-necessary-if-there-is-a-will-in-florida): In Florida, probate is the legal process of administering the estate of a deceased person. If the deceased person left a will, the probate court will appoint an executor to carry out the instructions in the will. - [How are disputes with a homeowners association resolved in Florida?](https://easlerlaw.com/faq/florida-hoa-dispute-mediation): Many Florida HOA disputes require presuit mediation before court, though assessment collection is excluded and election and recall disputes go to state arbitration. - [How are variances decided in West Melbourne?](https://easlerlaw.com/faq/west-melbourne-variance): West Melbourne uses a two board process for variances, with an advisory recommendation first and a final decision by a separate board. - [How are zoning variances decided in Titusville?](https://easlerlaw.com/faq/titusville-variance): Titusville variances go to the Board of Adjustments and Appeals, and the hardship must come from the property itself rather than cost or the owner's choices. - [How are zoning variances handled in Palm Bay?](https://easlerlaw.com/faq/palm-bay-variance): Palm Bay lets staff decide small dimensional variances, up to 10 percent for new construction and 20 percent for existing structures, while larger requests need public hearings. - [How can a buyer confirm liens or zoning on Rockledge property?](https://easlerlaw.com/faq/rockledge-lien-letter): Rockledge prepares written letters confirming a property's zoning classification or city liens for a set fee under its public records fee schedule. - [How can a Rockledge Code Enforcement Board order be challenged?](https://easlerlaw.com/faq/rockledge-code-enforcement-appeal): A Rockledge Code Enforcement Board order can be appealed to circuit court, but the appeal must be filed within 30 days and reviews only the existing record. - [How Can a Trust Help Avoid Probate?](https://easlerlaw.com/faq/does-a-trust-avoid-probate-in-florida): 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. - [How can property next to Palm Bay be annexed into the city?](https://easlerlaw.com/faq/palm-bay-annexation): An owner of unincorporated land that touches Palm Bay can petition the City Council for voluntary annexation, and an accepted annexation runs with the land. - [How do Melbourne homeowners apply for the Florida homestead exemption?](https://easlerlaw.com/faq/melbourne-homestead-exemption): Melbourne homeowners apply with the Brevard County Property Appraiser by March 1, after owning and living in the home as a permanent residence on January 1. - [How do the Save Our Homes cap and homestead portability work in Florida?](https://easlerlaw.com/faq/save-our-homes-portability): Save Our Homes limits yearly homestead assessment increases to 3 percent or the CPI change, whichever is lower, and portability moves up to $500,000 of savings to a new homestead. - [How do West Melbourne code fines become liens on property?](https://easlerlaw.com/faq/west-melbourne-code-enforcement-lien): A West Melbourne Code Enforcement Board order imposing fines can be recorded and then becomes a lien on the land and the violator's other property. - [How Do Wills Work in Florida?](https://easlerlaw.com/faq/how-do-wills-work-in-florida): A Florida will must be signed freely and without undue influence, at the end of the document, in the presence of two competent witnesses. Having an attorney prepare and witness it is strongly recommended. - [How does a business get a Business Tax Receipt in Cocoa Beach?](https://easlerlaw.com/faq/cocoa-beach-business-tax-receipt): Cocoa Beach businesses apply online through OpenGov for a city Business Tax Receipt, and every commercial location also needs a Certificate of Use. - [How does a business get a Business Tax Receipt in Palm Bay?](https://easlerlaw.com/faq/palm-bay-business-tax-receipt): Palm Bay businesses apply for a city Business Tax Receipt through the iMS online portal, then obtain a separate Brevard County receipt from the Tax Collector. - [How does a business get a Business Tax Receipt in Rockledge?](https://easlerlaw.com/faq/rockledge-business-tax-receipt): Rockledge issues Business Tax Receipts for commercial and home businesses through its Building Department, and the city is moving applications to SmartGOV. - [How does a partition action divide jointly owned property in Florida?](https://easlerlaw.com/faq/florida-partition-action): A Florida co owner can file a partition action, and the court sets each owner's share, then divides the property or orders a sale and splits the proceeds by share. - [How does a rezoning request work in Rockledge?](https://easlerlaw.com/faq/rockledge-rezoning): A Rockledge rezoning starts with the Planning Division and moves through public review, with the Planning Commission advising the City Council. - [How does a Satellite Beach homeowner pull an owner builder permit?](https://easlerlaw.com/faq/satellite-beach-owner-builder-permit): Satellite Beach owner builders must appear in person to sign the permit and disclosure statement, and they take on full responsibility for code compliance. - [How Does an LLC Agreement Facilitate Asset Protection and Probate Avoidance?](https://easlerlaw.com/faq/llc-agreement-protect-assets-avoid-probate): An LLC operating agreement keeps personal assets separate from business assets, maintaining the corporate veil. It can also pass a member's interest directly to a named beneficiary, avoiding probate. - [How Does an LLC Agreement Improve Operations and Resolve Conflicts?](https://easlerlaw.com/faq/llc-agreement-resolve-disputes): An LLC operating agreement sets out each member's role, profit and loss share, and voting rights, which reduces misunderstandings. It also fixes the procedures for settling internal disputes. - [How does code enforcement work for Viera property?](https://easlerlaw.com/faq/viera-code-enforcement): Code violations on Viera property are handled by Brevard County, where an independent Special Magistrate hears cases and unpaid fines can become property liens. - [How does rezoning work for property inside Melbourne city limits?](https://easlerlaw.com/faq/melbourne-rezoning-process): A Melbourne rezoning starts with an online application to the city, then goes through public hearings before the Planning and Zoning Board and the City Council. - [How Does Senate Bill 264 Affect the Purchase Of Agricultural Land?](https://easlerlaw.com/faq/how-does-senate-bill-264-affect-the-purchase-of-agricultural-land): Section 5 of Senate Bill 264 bars foreign principals from buying Florida agricultural land, and buyers must sign an affidavit that they are not one. Existing owners may keep their land but must register. - [How is a city lien search ordered for Cocoa Beach property?](https://easlerlaw.com/faq/cocoa-beach-lien-search): 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. - [How is a city lien search ordered for Palm Bay property?](https://easlerlaw.com/faq/palm-bay-lien-search): Palm Bay lien searches are ordered online through Orange Data, the city's contracted vendor, which confirms whether a property owes money to the city. - [How is a city lien search requested for Titusville property?](https://easlerlaw.com/faq/titusville-lien-search): Titusville handles city lien research through its Finance office, and owners checking their own property are not charged for the search. - [How is a Florida LLC dissolved?](https://easlerlaw.com/faq/florida-llc-dissolution): A Florida LLC is usually dissolved by filing articles of dissolution on Sunbiz for $25, then winding up by paying creditors and distributing what remains. - [How is a Florida LLC formed for a Melbourne business?](https://easlerlaw.com/faq/melbourne-florida-llc-formation): A Melbourne business forms a Florida LLC by filing articles of organization on Sunbiz with the Division of Corporations and paying the $125 state fee. - [How is a lien search ordered for West Melbourne property?](https://easlerlaw.com/faq/west-melbourne-lien-search): West Melbourne's Building Department runs lien searches covering utilities, code violations and permits for a $25 fee per address, with results in 3 to 5 days. - [How is a money judgment collected in Florida?](https://easlerlaw.com/faq/florida-judgment-collection): A Florida money judgment is collected by recording liens on real and personal property and by levy and sale, while homestead and other exempt property stay protected. - [How is a power of attorney signed in Florida?](https://easlerlaw.com/faq/florida-power-of-attorney-signing): Florida requires the principal, two witnesses and a notary for a valid power of attorney, and the agent must be an adult or a qualifying financial institution. - [How long do creditors have to file claims against a Florida estate?](https://easlerlaw.com/faq/florida-estate-creditor-claims): Creditors generally have 3 months after the notice to creditors is first published, or 30 days after being served, and claims are generally barred 2 years after death. - [How long does a contractor have to record a construction lien in Florida?](https://easlerlaw.com/faq/florida-construction-lien-deadline): 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. - [How long does a rezoning take in Titusville?](https://easlerlaw.com/faq/titusville-rezoning): A Titusville rezoning usually takes about three months and requires public hearings before both the Planning and Zoning Commission and the City Council. - [How long does annexation into Titusville take?](https://easlerlaw.com/faq/titusville-annexation): Annexation into Titusville takes about four to six months depending on parcel size, and it comes with a land use amendment and a rezoning. - [How long does Florida law allow for a breach of contract lawsuit?](https://easlerlaw.com/faq/florida-contract-statute-of-limitations): Florida allows five years to sue on a written contract and four years on a contract that is not in writing. - [How long does Florida law allow for a negligence or property damage lawsuit?](https://easlerlaw.com/faq/florida-negligence-statute-of-limitations): Florida generally allows 2 years for a negligence lawsuit, while some property claims, such as trespass or damage to personal property, carry a 4 year limit. - [How Long Does It Take to Form a Florida Business?](https://easlerlaw.com/faq/how-long-does-it-take-for-form-a-florida-business): Forming a Florida business can take just a few days when your paperwork is complete and correct. Timing also depends on items such as an SSN or ITIN and on current Sunbiz processing times, which fluctuate. Our business attorneys help clients form LLCs for a flat fee. - [How Long Does it Take to Get a DUNS Number?](https://easlerlaw.com/faq/how-long-does-it-take-to-get-a-duns-number): Dun & Bradstreet usually issues a DUNS Number within 1-2 business days, or within 24 hours with paid expedited service. Incorrect or incomplete business details are a common cause of delay. - [How much documentary stamp tax is due on a deed for Melbourne property?](https://easlerlaw.com/faq/melbourne-deed-doc-stamp-tax): Florida documentary stamp tax on a deed is 70 cents per $100 of consideration, including any mortgage on the property, paid when the deed is recorded in Brevard County. - [How Much Does Title Insurance Cost?](https://easlerlaw.com/faq/how-much-is-title-insurance): Title insurance generally costs 2% to 4% of the purchase price, but every state regulates what insurers may charge, so rates vary widely. Endorsements a lender requires can add further to the premium. - [How much is the Satellite Beach business tax, and how is it obtained?](https://easlerlaw.com/faq/satellite-beach-business-tax-receipt): Satellite Beach charges a flat local business tax set by city code, with a reduced amount for businesses that open in the second half of the tax year. - [How Should One Choose a Caregiver for Their Pet?](https://easlerlaw.com/faq/selecting-pet-caregiver-trust-estate-planning): Answers the question “How Should One Choose a Caregiver for Their Pet?” in a list of points on the page. - [How Should One Prepare for Estate Planning?](https://easlerlaw.com/faq/what-should-i-prepare-for-estate-planning): Answers the question “How Should One Prepare for Estate Planning?” in a list of points on the page. - [How to Determine the Beneficial Owner of a Company?](https://easlerlaw.com/faq/determine-beneficial-owner-status): A beneficial owner is an individual who owns or controls at least 25 percent of a company or exercises substantial control over it, a test that now matters mainly for foreign companies. - [How to Get a DUNS Number?](https://easlerlaw.com/faq/how-to-get-a-duns-number): A DUNS Number is a free nine-digit business identifier from Dun & Bradstreet. Apply with your legal name, address, phone, employee count, and industry; most are issued in 1-2 business days. - [How was the Downtown Cocoa Beach CRA created?](https://easlerlaw.com/faq/cocoa-beach-cra): Cocoa Beach voters approved a downtown redevelopment agency in 2008, and the City Commission formally created it in 2009 and serves as its board. - [In what order do relatives inherit when a Florida resident dies without a will?](https://easlerlaw.com/faq/florida-intestate-order-of-heirs): After the surviving spouse's share, Florida passes an estate without a will to descendants first, then parents, then siblings and their descendants, then more distant relatives. - [Is a Business License Mandatory in Florida?](https://easlerlaw.com/faq/does-florida-require-a-business-license): Yes, any person or company who plans on providing goods and services of their own in Florida requires, at a minimum, a business tax receipt. - [Is a Probate Attorney Necessary in Florida?](https://easlerlaw.com/faq/do-i-need-a-probate-attorney-in-florida): 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. - [Is It Possible to Place a Mortgaged House in a Trust?](https://easlerlaw.com/faq/can-you-put-a-house-in-a-trust-with-a-mortgage): It is possible to put a house in a trust with a mortgage, but it's important to understand the implications of doing so. - [Is It Possible to Will a House with an Existing Mortgage?](https://easlerlaw.com/faq/can-you-will-a-house-with-a-mortgage): 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. - [Is mediation required before trial in a Florida civil case?](https://easlerlaw.com/faq/florida-civil-mediation): 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. - [Is Merritt Island a city, and who handles zoning there?](https://easlerlaw.com/faq/merritt-island-local-government): Merritt Island has no city government of its own, so Brevard County commissioners and county boards decide its zoning, permits and code matters. - [Is Notarization Required for a Will in Florida?](https://easlerlaw.com/faq/does-a-will-need-to-be-notarized-in-florida): No, a will does not need to be notarized in Florida to be valid. However, notarizing the will can make it easier to probate the estate after the person's death. - [Is Probate Mandatory for All Estates in Florida?](https://easlerlaw.com/faq/is-probate-required-for-all-florida-estates): Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate. - [Is the Palm Bay Bayfront CRA still active?](https://easlerlaw.com/faq/palm-bay-bayfront-cra): Palm Bay's Bayfront Community Redevelopment Agency reached its sunset date in May 2024, so it no longer operates as an active redevelopment agency. - [Is Viera a city, and who governs land use there?](https://easlerlaw.com/faq/viera-local-government): Viera is an unincorporated community, so Brevard County rather than a city council handles its zoning, permits and code enforcement. - [Must lenders register foreclosed or vacant property in Palm Bay?](https://easlerlaw.com/faq/palm-bay-foreclosure-registration): Palm Bay requires mortgagees and trustees to register foreclosed and vacant properties online through HERA Property Registry and pay a fee. - [On what grounds can a will be challenged in Florida, and how long is there to object?](https://easlerlaw.com/faq/florida-will-challenge-deadline): A Florida will can be challenged for fraud, duress, mistake, undue influence, improper signing or lack of sound mind, within 3 months after service of the notice of administration. - [Should You Consult an Attorney When Purchasing a Business?](https://easlerlaw.com/faq/should-i-hire-an-attorney-when-buying-a-business): When you're ready to purchase a business, you may wonder whether or not you need to hire an attorney. While it's not required, there are several benefits to having a business attorney on your side. - [What Actions Are Taken If Title Defects Are Discovered Post-Closing?](https://easlerlaw.com/faq/what-if-title-defects-are-found-after-closing-or-transfering-the-deed): Title defects discovered after closing often have to be resolved in court, where each side presents evidence of who holds clear title. A real estate attorney can handle both the search and the dispute. - [What Advantages Does an LLC Agreement Offer?](https://easlerlaw.com/faq/benefits-of-an-llc-operating-agreement): It keeps a member's interest out of probate, separates personal and business assets, sets out how members are managed and disputes are resolved, and shows lenders and investors the company is well run. - [What Are Pre-Incorporation Agreements?](https://easlerlaw.com/faq/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. - [What Are the Costs Associated with Probate in Florida?](https://easlerlaw.com/faq/how-much-does-probate-cost-in-florida): Probate in Florida commonly costs 3% to 7% or more of the estate's value, covering court filing fees, attorney's fees, personal representative's fees, and expenses such as appraisals and creditor notices. - [What Are the Costs for Hiring a Florida Probate Attorney?](https://easlerlaw.com/faq/how-much-will-it-cost-to-hire-a-florida-probate-attorney): 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. - [What Are the Costs to File Probate in Florida?](https://easlerlaw.com/faq/how-much-does-it-cost-to-file-probate-in-florida): Florida probate generally runs about 3-5% of the estate's value in attorneys' fees, and many attorneys handle simple, uncontested cases on a flat fee. Court filing and accounting costs come on top of that. - [What Are the Differences Between a Power of Attorney and an Executor?](https://easlerlaw.com/faq/power-of-attorney-vs-executor): 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. - [What Are the Duties Involved in Probate Administration?](https://easlerlaw.com/faq/what-is-probate-administration): The executor inventories and appraises the estate's assets, notifies creditors, pays bills and taxes from the estate, transfers ownership of property, and distributes what remains to the beneficiaries. - [What Are the Elements of an LLC Operating Agreement?](https://easlerlaw.com/faq/llc-operating-agreements): An LLC operating agreement sets the rules for ownership, management, and financial decisions. It clarifies member rights, protects personal assets, helps avoid probate, and guides dispute resolution. - [What Are the Fines and Penalties Under the Corporate Transparency Act?](https://easlerlaw.com/faq/corporate-transparency-act-fines-penalities): Willful violations can bring civil penalties of up to $500 per day and criminal fines up to $10,000, but these now apply only to foreign companies that still must report. - [What Are the Functions of a Power of Attorney?](https://easlerlaw.com/faq/what-is-a-power-of-attorney): 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. - [What Are the Key Elements of Contracts?](https://easlerlaw.com/faq/what-are-the-essential-elements-of-contracts): 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. - [What Are the Purposes of Title Insurance?](https://easlerlaw.com/faq/what-is-title-insurance): Title insurance is a special kind of title warranty that protects real estate title owners and lenders from losses caused by defects in the title. - [What Are the Reasons for Needing a Probate Attorney?](https://easlerlaw.com/faq/why-would-you-need-a-probate-attorney): 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. - [What Are the Responsibilities of a Business Attorney?](https://easlerlaw.com/faq/what-does-a-business-attorney-do): 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. - [What are the steps for a Titusville Business Tax Receipt?](https://easlerlaw.com/faq/titusville-business-tax-receipt): Titusville asks new businesses to confirm zoning with the Planning Department, secure any state license and register a fictitious name before applying. - [What Are the Steps in the Estate Planning Process?](https://easlerlaw.com/faq/what-is-the-estate-planning-process): Estate planning covers the management and transfer of your assets during life and at death. Steps include inventorying assets, naming beneficiaries, drafting a will, adding any trusts, and signing advance directives. - [What Are the Typical Costs for a Business Attorney?](https://easlerlaw.com/faq/how-much-is-a-business-attorney): As a business owner, you will likely need the services of a business attorney at some point. - [What area does the Titusville CRA cover?](https://easlerlaw.com/faq/titusville-cra): The Titusville Community Redevelopment Agency covers about 300 acres of the historic downtown and has operated since 1982 with a plan updated in 2022. - [What Assets Are Exempt From Probate in Florida?](https://easlerlaw.com/faq/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. - [What Characterizes an S-Corp?](https://easlerlaw.com/faq/what-is-an-s-corp): An S-Corp is a corporation that meets IRS requirements to be taxed as a pass-through entity, so income and losses are reported by the shareholders. It is limited to 100 shareholders and one class of stock. - [What Constitutes a Business Resolution?](https://easlerlaw.com/faq/what-is-a-business-resolution): A business resolution is a formal written decision by a company, board, or organization. It records actions such as changing policies, allocating funds, or approving projects, and is usually passed by a majority vote. - [What Constitutes a Living Will?](https://easlerlaw.com/faq/what-is-a-living-will): 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. - [What Constitutes Articles of Incorporation?](https://easlerlaw.com/faq/what-are-articles-of-incorporation): Articles of Incorporation are the documents filed with the state to create a corporation. They set out the name, purpose, duration, stock structure, registered agent, and incorporators of the new entity. - [What Constitutes the Formal Probate Threshold in Florida?](https://easlerlaw.com/faq/what-is-the-probate-threshold-in-florida): Since July 1, 2026, a Florida estate can use summary administration, a shorter form of probate, when the property subject to administration in Florida, minus property exempt from creditors, is worth $150,000 or less. It is also available when the person has been deceased for more than 2 years. Summary administration still goes through the court, but it usually takes less time than formal administration. - [What Defines a C-Corp?](https://easlerlaw.com/faq/what-is-a-c-corp): A C-Corp is a corporation taxed under Subchapter C of the Internal Revenue Code. It offers limited liability, perpetual existence, and stock ownership, but profits are taxed at both the corporate and shareholder level. - [What Defines a Charitable Bequest?](https://easlerlaw.com/faq/user-what-is-a-charitable-bequest): 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. - [What Differentiates a Litigator from an Attorney?](https://easlerlaw.com/faq/what-is-the-difference-between-a-litigator-and-an-attorney): Attorney is the general term for a licensed lawyer. A litigator is an attorney who takes cases to court, argues motions, and negotiates settlements. All litigators are attorneys, but not all attorneys are litigators. - [What Distinguishes a Will from a Trust?](https://easlerlaw.com/faq/wills-vs-trust): A will takes effect only at death and must pass through probate, which is public. A trust can take effect once funded, bypasses probate, stays private, and can cover management of your assets if you are incapacitated. - [What does a home based business need in Titusville?](https://easlerlaw.com/faq/titusville-home-based-business): Titusville home businesses file a Home Occupation Affidavit, and a tenant also needs a notarized affidavit signed by the property owner. - [What does a Viera business need for a Business Tax Receipt?](https://easlerlaw.com/faq/viera-business-tax-receipt): Because Viera is unincorporated, a Viera business obtains only the Brevard County receipt, along with a county Zoning Use permit reviewed before approval. - [What Does an End-of-Life Attorney Do?](https://easlerlaw.com/faq/end-of-life-attorney): An end-of-life attorney specializes in legal issues related to the end of a person's life, including estate planning, wills, trusts, advance directives, and healthcare proxy decisions. - [What Does Civil Litigation Encompass?](https://easlerlaw.com/faq/what-is-civil-lig): Civil litigation is the process of resolving disputes between people or businesses in civil court, usually over money or property. It covers contract, personal injury, and employment disputes, among others. - [What does Florida law require for a valid will?](https://easlerlaw.com/faq/florida-valid-will-requirements): A Florida will must be in writing, signed at the end by the testator, and signed or acknowledged before two witnesses who sign in front of the testator and each other. - [What does the Merritt Island Redevelopment Agency do?](https://easlerlaw.com/faq/merritt-island-redevelopment-agency): The Merritt Island Redevelopment Agency, known as MIRA, funds projects and business incentives in four designated redevelopment zones on the island. - [What duties does a Florida trustee owe to beneficiaries?](https://easlerlaw.com/faq/florida-trustee-duties): A Florida trustee must act solely in the beneficiaries' interests and keep qualified beneficiaries reasonably informed, including yearly accountings for an irrevocable trust. - [What flood disclosure must a Florida home seller give a buyer?](https://easlerlaw.com/faq/florida-seller-flood-disclosure): A Florida home seller must give the buyer a flood disclosure at or before signing the contract, covering known flood damage, past flood insurance claims and flood aid received. - [What flood rules apply to building in Satellite Beach?](https://easlerlaw.com/faq/satellite-beach-flood-rules): Most of Satellite Beach lies in coastal flood zones, often AE or VE, and improvements reaching half a structure's market value trigger full compliance. - [What happens at probate if the witnesses to a Florida will cannot be found?](https://easlerlaw.com/faq/florida-will-witnesses-not-found): A self proved Florida will usually needs no witness testimony. If the witnesses cannot be found, the court may admit the will on the oath of the personal representative. - [What Happens If You Don't File Probate in Florida?](https://easlerlaw.com/faq/what-if-you-do-not-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. - [What happens to an original will after a Brevard County resident dies?](https://easlerlaw.com/faq/brevard-original-will-deposit): 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. - [What Happens When Someone Passes Away with a Reverse Mortgage?](https://easlerlaw.com/faq/what-happens-when-someone-dies-with-a-reverse-mortgage): If you have a reverse mortgage and die, your heirs will still inherit your home, but the reverse mortgage must be repaid by either the estate or the heirs in full to avoid foreclosure. - [What incentives does the Rockledge CRA offer businesses?](https://easlerlaw.com/faq/rockledge-cra): Businesses inside the Rockledge Community Redevelopment District can qualify for facade grants, expedited permits and flexible mixed use zoning. - [What Is a Conditional Waiver and Release of Lien upon Progress Payment?](https://easlerlaw.com/faq/what-is-conditional-waiver-and-release-of-lien-upon-progress-payment): A lien waiver releases a lienor's claim against the property, but only to the extent of the labor, services, or materials provided. In Florida a waiver is unconditional unless parties make it conditional on payment. - [What Is a Corporate Resolution?](https://easlerlaw.com/faq/what-is-a-corporate-resolution): A corporate resolution is a formal document in which a corporation agrees to specific actions or goals. - [What Is a Correction Deed?](https://easlerlaw.com/faq/what-is-a-correction-deed): A correction deed is a legal document that fixes minor errors in an already recorded deed, such as a misspelled name or a flawed property description. It does not change the ownership or warranties in the original deed. - [What Is a Decedent’s Interest in a Homestead?](https://easlerlaw.com/faq/what-is-a-decedent-interest-in-homestead): A decedent's interest in a homestead is the ownership they held in their primary residence at death. It passes under their will or state intestacy law, subject to homestead protections for a spouse or minor children. - [What is a designation of preneed guardian in Florida?](https://easlerlaw.com/faq/florida-preneed-guardian): Florida lets a competent adult choose a future guardian in advance, and the chosen person is presumed entitled to serve unless found unqualified. - [What Is a Disclaimer of Interest?](https://easlerlaw.com/faq/what-is-a-disclaimer-of-interest): Under Florida's Uniform Disclaimer of Property Interests Act, a beneficiary may decline an inheritance in whole or in part. The disclaimer is signed, witnessed, and recorded like a deed, and cannot be reversed. - [What Is a Double Net Lease?](https://easlerlaw.com/faq/what-is-a-double-net-lease): In a double net lease the tenant pays rent plus the property taxes and insurance, while the landlord remains responsible for major repairs and maintenance. It is most often used for commercial property. - [What is a DUNS Number?](https://easlerlaw.com/faq/what-is-a-duns-number): A DUNS Number is a unique nine-digit business identifier issued free by Dun & Bradstreet. Recognized worldwide, it is used to verify a company's credibility and to apply for federal contracts and grants. - [What Is a Durable Limited Power of Attorney for Real Estate?](https://easlerlaw.com/faq/what-is-a-durable-limited-power-of-attorney-for-real-estate): A Florida Durable Limited Power of Attorney for Real Estate appoints an agent to act on your behalf in property matters, from a single closing to mortgages, deeds, and leases. It must be witnessed and notarized. - [What Is a Full-Service Gross Lease?](https://easlerlaw.com/faq/what-is-a-full-service-gross-leases): In a full-service gross lease the tenant pays one monthly rent that covers utilities, taxes, insurance, and common area maintenance. The landlord maintains the property, so the tenant carries only its own expenses. - [What Is a General Warranty Deed?](https://easlerlaw.com/faq/what-is-a-general-warranty-deed): A warranty deed transfers title from seller to buyer with the seller's guarantee that they lawfully own the property, have the right to sell it, and that the title is clear of liens, mortgages, or other encumbrances. - [What Is a Health Care Directive?](https://easlerlaw.com/faq/what-is-a-health-care-directive): A health care directive, also called a living will or advance directive, records the medical care you want if illness or incapacity leaves you unable to decide. It guides your doctors and family and prevents disputes. - [What Is a Homestead Affidavit of Decedent Interest?](https://easlerlaw.com/faq/what-is-a-decedent-interest-in-homestead-affidavit): This Florida affidavit lets a surviving spouse take half the interest in a homestead as a tenant in common with the decedent's descendants, waiving the life estate. It is irrevocable once it has been filed. - [What Is a Ladybird Deed?](https://easlerlaw.com/faq/what-is-a-ladybird-deed): A Florida Ladybird Deed lets a homeowner name a beneficiary to receive the home at death while keeping full control and homestead protection during life. The property passes to the beneficiary without probate. - [What Is a Letter of Testamentary?](https://easlerlaw.com/faq/what-s-a-letter-of-testamentary): A Letter of Testamentary is a court-issued document that proves that the person named in the will is the rightful executor. This document is necessary to settle the estate and distribute assets according to the will. - [What Is a Lis Pendens?](https://easlerlaw.com/faq/what-is-a-lis-pendens): A lis pendens warns buyers and lenders that a lawsuit involves a property, and in Florida it affects third parties only once recorded in the county records. - [What Is a Mortgage Instrument and Promissory Note?](https://easlerlaw.com/faq/what-is-a-mortgage-instrument-and-promissory-note): Florida state law empowers promissory notes to create a precise, legally binding record of a loan – such as a mortgage – and the borrower’s obligations regarding repayment of the loan. - [What Is a Mortgage with Assignment of Rents and Promissory Note?](https://easlerlaw.com/faq/what-is-a-mortgage-with-assignment-of-rents-and-promissory-note): A Mortgage with Assignment of Rents and Promissory Note can be used for the financing of rental properties in the state of Florida. - [What Is a Notice of Contest of Claim Against a Payment Bond?](https://easlerlaw.com/faq/what-is-a-notice-of-contest-of-claim-against-payment-bond): A Notice of Contest of Claim Against Payment Bond is a Florida document a contractor uses to dispute a claim for payment of labor, services, or materials. Once served, the lienor has 60 days to file suit. - [What Is a Notice of Lien Prohibition?](https://easlerlaw.com/faq/what-is-a-notice-of-lien-prohibition): A Florida Notice of Lien Prohibition tells potential claimants that a tenant cannot subject the landlord's property to a mechanic's lien. The lease must expressly prohibit it and be recorded with the clerk of court. - [What Is a Notice to Contractor?](https://easlerlaw.com/faq/what-is-a-notice-to-contractor): A Florida Notice to Contractor tells a contractor that a subcontractor intends to seek payment from the contractor's payment bond. It must be served no later than 45 days after labor or materials are first provided. - [What Is a Percentage Lease?](https://easlerlaw.com/faq/what-is-a-percentage-lease): Percentage leases are common in the retail industry. They are typically used when tenants operate a business in a space they do not own. - [What Is a Pet Trust?](https://easlerlaw.com/faq/what-is-a-pet-trust): 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. - [What is a pour over will in Florida?](https://easlerlaw.com/faq/florida-pour-over-will): A pour over will moves property left outside a living trust into that trust at death, so the trust's terms decide who receives it. - [What Is a Probate Attorney?](https://easlerlaw.com/faq/what-is-a-probate-lawyer): A probate attorney handles the administration of a deceased person's estate: proving the will, inventorying and appraising property, paying debts and taxes, and distributing what remains to the heirs. - [What Is a Quitclaim Deed?](https://easlerlaw.com/faq/what-is-a-quitclaim-deed): A quitclaim deed transfers whatever interest the grantor has in a property, with no warranties or guarantees. It is most often used for transfers between family members, spouses, or trusts where no money changes hands. - [What Is a Release of Lis Pendens?](https://easlerlaw.com/faq/what-is-a-release-of-lis-pendens): Once a case ends or no longer affects the property, the party that recorded the notice records a release so buyers and lenders see clear title again. - [What Is a Request for a Sworn Statement of Account?](https://easlerlaw.com/faq/what-is-a-request-for-a-sworn-statement-of-account): A Florida Request for a Sworn Statement of Account lets a property owner demand a lienor's accounting of the labor, services, and materials agreed on and what has been paid. The response is due in 30 days. - [What Is a Revocable Living Trust?](https://easlerlaw.com/faq/what-is-a-revocable-living-trust): A revocable living trust is an agreement among a trustee, a beneficiary, and the trust-maker, who at first are usually the same person. Its main benefit is avoiding the cost, publicity, and delay of probate court. - [What Is a Satisfaction Of Mortgage?](https://easlerlaw.com/faq/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. - [What Is a Special Warranty Deed?](https://easlerlaw.com/faq/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. - [What Is a Title Search?](https://easlerlaw.com/faq/what-is-a-title-search): 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. - [What Is a Triple Net Lease (NNN Lease)?](https://easlerlaw.com/faq/what-is-a-tipple-net-lease-nnn-lease): A Triple Net Lease is a net lease where the tenant is responsible for the property taxes, building insurance, and standard area maintenance (CAM) charges in addition to the base rent. - [What Is a Trust?](https://easlerlaw.com/faq/what-is-a-trust): A trust is a legal arrangement in which a trustee holds and manages assets for beneficiaries under the terms of a trust agreement. Trusts are used to pass on wealth, reduce taxes, and protect assets. - [What Is a Trustee, Guardian, And Personal Representative Deed?](https://easlerlaw.com/faq/what-is-a-trustee-guardian-and-personal-representative-deed): 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. - [What Is a Will?](https://easlerlaw.com/faq/what-is-a-will): 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. - [What Is an Affidavit Of Death Certificate?](https://easlerlaw.com/faq/what-is-an-affidavit-of-death-certificate): 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. - [What Is an Affidavit Of Deed?](https://easlerlaw.com/faq/what-is-an-affidavit-of-deed): 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. - [What is an Affidavit of Heirship?](https://easlerlaw.com/faq/what-is-an-affidavit-of-heirship-form-florida): 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. - [What Is an Affidavit Of Title?](https://easlerlaw.com/faq/what-is-an-affidavit-of-title): An Affidavit of Title is a sworn statement that describes the ownership history of a piece of property. - [What Is an Easement Deed?](https://easlerlaw.com/faq/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 your land. - [What Is an EIN Number?](https://easlerlaw.com/faq/what-is-an-ein-number): An EIN, or Employer Identification Number, is a unique nine-digit tax identification number assigned by the Internal Revenue Service (IRS) to businesses and organizations operating in the United States. - [What is an Irrevocable Life Insurance Trust?](https://easlerlaw.com/faq/irrevocable-life-insurance-trust-ilit): An ILIT owns your life insurance policy, shielding it from creditors and keeping the proceeds out of your taxable estate. Benefits pass to beneficiaries without probate, but its terms cannot be changed. - [What is an ISA in Real Estate?](https://easlerlaw.com/faq/what-is-an-isa-in-real-estate): An ISA, or Inside Sales Agent, generates and qualifies real estate leads, follows up with prospects, and sets appointments for agents. ISAs are best licensed as agents so they can assist leads more fully. - [What Is an ITIN Number?](https://easlerlaw.com/faq/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. - [What Is an Unconditional Waiver Upon Final Payment?](https://easlerlaw.com/faq/what-is-an-unconditional-waiver-upon-final-payment): The Unconditional Waiver upon Final Payment is a legal document that applies to construction projects in the state of Florida under Florida laws. - [What Is Ancillary Probate?](https://easlerlaw.com/faq/what-is-ancillary-probate): 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. - [What Is Beneficial Ownership Information Reporting?](https://easlerlaw.com/faq/beneficial-ownership-reporting): Beneficial ownership information reporting tells FinCEN who owns and controls a company. Under FinCEN's 2026 final rule, only certain foreign companies must still report. - [What Is Common Law in Real Estate?](https://easlerlaw.com/faq/what-is-common-law): 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. - [What Is FIRPTA?](https://easlerlaw.com/faq/what-is-firpta): FIRPTA, the Foreign Investment in Real Property Tax Act, makes a foreign person's gains from selling US real estate subject to US tax. It also imposes withholding on the buyer and reporting to the IRS. - [What Is Senate Bill 264 in Florida?](https://easlerlaw.com/faq/what-is-senate-bill-264): Senate Bill 264, effective July 1, 2023, limits and regulates the sale, purchase, and ownership of certain Florida property by foreign principals, including agricultural land and land near military installations. - [What Is Tenancy in Common?](https://easlerlaw.com/faq/what-is-tenancy-in-common): Tenancy in common lets two or more people own a property together, each with an undivided interest in the whole. An owner can leave their share to anyone by will, and the property need not be sold when an owner dies. - [What Is the Beneficial Ownership Information Reporting Rule?](https://easlerlaw.com/faq/beneficial-ownership-reporting-rule): It is FinCEN's regulation under the Corporate Transparency Act, which since the 2026 final rule applies only to foreign companies registered to do business in a U.S. state. - [What Is the Concept of Asset Protection?](https://easlerlaw.com/faq/what-does-the-concept-of-asset-protection-mean): Asset protection is the use of lawful strategies, such as trusts, partnerships, and other structures, to shield personal and business assets from lawsuits, creditors, and judgments before a claim arises. - [What Is the Corporate Transparency Act?](https://easlerlaw.com/faq/corporate-transparency-act-explained): The Corporate Transparency Act is a 2021 federal anti money laundering law that created beneficial ownership reporting, now limited to foreign companies by FinCEN's final rule. - [What Is the Cost to Add Someone to a Deed?](https://easlerlaw.com/faq/how-much-does-it-cost-to-add-someone-to-a): 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. - [What Is the Cost to Establish a Trust in Florida?](https://easlerlaw.com/faq/how-much-does-it-cost-to-set-up-a-trust-in-florida): The cost of setting up a trust in Florida will vary depending on the complexity of the trust and the assets that need to be transferred into it. Generally speaking, most trusts cost between $1,000 and $3,000 to set up. - [What Is the Definition of a Beneficiary Trust?](https://easlerlaw.com/faq/what-is-a-beneficiary-trust): A beneficiary trust is an irrevocable trust that holds assets for the beneficiaries. The grantor gives up control, while the beneficiary directs investments and the assets stay shielded from creditors. - [What Is the Difference Between an LLC and Inc.?](https://easlerlaw.com/faq/what-is-the-difference-between-and-inc-and-llc): 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. - [What is The Difference Between Bylaws and Resolutions?](https://easlerlaw.com/faq/what-is-the-difference-between-bylaws-and-resolutions): Bylaws are an organization's standing rules on membership, board composition, meetings, and officers. Resolutions are individual decisions the governing body adopts within that framework. LLCs use an operating agreement. - [What is The Difference Between General and Outside Counsel?](https://easlerlaw.com/faq/general-and-outside-counsel-differences): General counsel is an in-house attorney employed by the company and involved in its daily legal work. Outside counsel is an external firm retained for specialized expertise on specific matters. - [What Is the Duration of the Probate Process in Florida?](https://easlerlaw.com/faq/how-long-does-probate-take-in-florida): Florida probate is a court-supervised process for distributing a deceased person's assets. - [What is the elective share for a surviving spouse in Florida?](https://easlerlaw.com/faq/florida-elective-share): 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. - [What Is the Expense of Ancillary Probate?](https://easlerlaw.com/faq/how-much-does-ancillary-probate-cost): 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. - [What is the North Merritt Island Dependent Special District?](https://easlerlaw.com/faq/merritt-island-north-special-district): North Merritt Island has its own elected advisory board that reviews zoning requests in the district before they reach the Brevard County Commission. - [What Is the Purpose of a Healthcare Proxy?](https://easlerlaw.com/faq/what-is-a-healthcare-proxy): 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. - [What Is the Role of a Personal Representative?](https://easlerlaw.com/faq/what-is-a-personal-representative): A personal representative is an individual or entity appointed to oversee the affairs of a deceased person's estate. - [What is the small claims limit in Brevard County?](https://easlerlaw.com/faq/brevard-small-claims-limit): 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. - [What Is the Timeline for the Eviction Process in Florida?](https://easlerlaw.com/faq/how-long-does-the-eviction-process-take-in-florida): Florida evictions follow a fast court process, but the timeline depends on the type of notice, whether the tenant responds, and the court's schedule. - [What is the Viera Stewardship District?](https://easlerlaw.com/faq/viera-stewardship-district): West Viera property sits inside a legislatively created special district that pays for drainage, lighting and habitat upkeep across about 13,400 acres. - [What is the West Melbourne-Brevard County Joint CRA?](https://easlerlaw.com/faq/west-melbourne-cra): A joint city and county redevelopment agency covers West Melbourne's main commercial corridors and pays for road and infrastructure upgrades there. - [What Occurs During a Probate Hearing?](https://easlerlaw.com/faq/what-happens-at-a-probate-hearing): At a probate hearing, the court decides whether or not to grant probate to the executor of an estate. The executor is responsible for carrying out the deceased person's wishes as specified in their will. - [What Occurs to My Mortgage in the Event of My Death?](https://easlerlaw.com/faq/what-happens-to-my-mortgage-die): If you pass away with a mortgage, the outcome will depend on the terms of your mortgage, whether you have an estate plan, and whether you have living relatives. - [What paperwork do Rockledge residential building permits require?](https://easlerlaw.com/faq/rockledge-residential-permits): Every Rockledge residential permit starts with a signed, notarized application and scope narrative, and larger jobs also need a recorded Notice of Commencement. - [What public notice is given for a Merritt Island rezoning?](https://easlerlaw.com/faq/merritt-island-rezoning): Before a Merritt Island rezoning hearing, the applicant posts a sign on the land and the county mails notice to owners within 500 feet. - [What Questions Should Be Asked When Hiring an Estate Planning Attorney?](https://easlerlaw.com/faq/what-questions-should-i-ask-when-hiring-an-estate-planning-attorney): Ask about their estate planning experience, which tools they recommend and the trade-offs of each, how to keep assets out of probate, the tax implications, how often to review the plan, and what happens without one. - [What Restrictions Apply to the People's Republic of China (PRC)?](https://easlerlaw.com/faq/what-restrictions-apply-to-the-people-s-republic-of-china-prc): Section 7 bars persons and entities associated with the PRC from buying or owning Florida real estate and requires an affidavit. Those who owned property before July 1, 2023 may keep it but cannot acquire more. - [What Role Does a Business Lawyer Play?](https://easlerlaw.com/faq/what-does-a-business-lawyer-do): A business lawyer works across the life of a company, from formation through operation to dissolution. That includes drafting contracts, negotiating leases, and advising on compliance with the law. - [What rules apply to vacation rentals in Cocoa Beach?](https://easlerlaw.com/faq/cocoa-beach-vacation-rental-rules): 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. - [What Services Do Probate Attorneys Provide?](https://easlerlaw.com/faq/what-do-probate-attorneys-do): Probate attorneys help people settle the estate of a deceased person. - [What Steps Should Be Taken When Inheriting an Unpaid House?](https://easlerlaw.com/faq/what-should-i-do-if-i-am-inheriting-a-house-that-is-not-paid-off): 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. - [What Strategies Exist for Avoiding Probate?](https://easlerlaw.com/faq/what-are-common-probate-avoidance-strategies): Probate is the legal process of distributing a deceased person's assets. It can be a time-consuming and expensive process, which is why some people choose to avoid probate through estate planning. - [What Types of Companies Are Exempt from Beneficial Ownership Reporting?](https://easlerlaw.com/faq/exception-beneficial-ownership-reporting): Under FinCEN's 2026 final rule, every company created in the United States is exempt, and foreign companies can still use the 23 original exemption categories. - [When Are Beneficiaries Notified Following a Death?](https://easlerlaw.com/faq/when-are-beneficiaries-notified-after-a-death): There is no fixed date. The personal representative must serve a Notice of Administration on the surviving spouse, the beneficiaries, and other interested parties within 3 months of filing the will for probate. - [When does oceanfront work in Cocoa Beach need a state CCCL permit?](https://easlerlaw.com/faq/cocoa-beach-coastal-construction-line): 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. - [When must a flood damaged Titusville home meet current standards?](https://easlerlaw.com/faq/titusville-flood-repairs): A Titusville home with flood damage above half its value has to be repaired to current building and floodplain standards, not just patched. - [When must a Rockledge home in a flood zone be brought up to new construction standards?](https://easlerlaw.com/faq/rockledge-flood-improvements): Rockledge applies a 50 percent rule, so improvements or repairs costing half the building's value trigger the same standards as new construction. - [When Would a Decedent's Property Be Subject To Ancillary Probate in Florida?](https://easlerlaw.com/faq/decedent-property-ancillary-probate-fl): 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. - [Where are deeds recorded for property in Melbourne, Florida?](https://easlerlaw.com/faq/melbourne-deed-recording): Melbourne deeds are recorded in the Brevard County Official Records with the Clerk of the Circuit Court and Comptroller, on paper or through approved eRecording vendors. - [Where are probate cases heard for Viera residents?](https://easlerlaw.com/faq/viera-probate-court): Although the Moore Justice Center is in Viera, Brevard probate and guardianship matters are assigned to the Titusville Courthouse under a 2026 circuit order. - [Where is a small claims case against a Cocoa Beach defendant heard?](https://easlerlaw.com/faq/cocoa-beach-small-claims-court): Small claims cases against defendants in Cocoa Beach's 32931 ZIP code are assigned to the North Jurisdiction at the Historic Titusville Courthouse. - [Where is a small claims case against a Titusville defendant heard?](https://easlerlaw.com/faq/titusville-small-claims-court): Small claims cases against Titusville defendants are assigned to the North Jurisdiction and heard at the Historic Titusville Courthouse rather than in Viera. - [Where is a small claims case against a Viera defendant heard?](https://easlerlaw.com/faq/viera-small-claims-court): Small claims cases against Viera defendants are assigned to the Central Jurisdiction, so they are heard close to home at the Moore Justice Center. - [Where is summary administration filed in Brevard County, and is an attorney needed?](https://easlerlaw.com/faq/brevard-summary-administration-filing): 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. - [Which court handles probate for a Melbourne resident?](https://easlerlaw.com/faq/melbourne-probate-court): Probate for a Melbourne resident is handled by the Brevard County Circuit Court in the Eighteenth Judicial Circuit, with cases filed through the Clerk's Probate Department. - [Which projects need a building permit in Satellite Beach?](https://easlerlaw.com/faq/satellite-beach-permits-needed): Satellite Beach requires permits for most construction, replacement and installation work, from roofs and A/C changeouts to fences, docks and seawalls. - [Who Are the Prominent Real Estate Title Insurers?](https://easlerlaw.com/faq/who-are-the-leading-real-estate-title-insurers): First American Title Insurance Company is the leading title insurer in the United States and writes in almost every state; Stewart Title Guaranty Company is another. Easler Law works with all the leading insurers. - [Who can witness a Florida health care surrogate designation?](https://easlerlaw.com/faq/health-care-surrogate-witnesses): Any two adults may witness a Florida health care surrogate designation, except the named surrogate, and at least one must not be the principal's spouse or blood relative. - [Who decides a zoning variance for a Viera property?](https://easlerlaw.com/faq/viera-variance): Variance requests for Viera land go to the Brevard County Board of Adjustment, which makes the final decision after a public hearing the applicant must attend. - [Who decides variance requests in Rockledge?](https://easlerlaw.com/faq/rockledge-variance): Rockledge variance requests go to a seven member Board of Adjustment, which also decides special exceptions and appeals from zoning decisions by city staff. - [Who decides variances and special exceptions in Cocoa Beach?](https://easlerlaw.com/faq/cocoa-beach-variance): Cocoa Beach sends variance and special exception requests to its Board of Adjustment, while a separate Planning Board advises on land use. - [Who Determines the Necessity of Probate?](https://easlerlaw.com/faq/who-decides-if-probate-is-needed): Probate is the legal process of wrapping up a person's affairs after death. This includes distributing their assets, paying debts and taxes, and resolving any remaining legal issues. - [Who hears variance requests in Satellite Beach?](https://easlerlaw.com/faq/satellite-beach-variance): The Satellite Beach Board of Adjustment is a quasi judicial board that decides variances and appeals, and its variances stay with the land after a sale. - [Who is responsible for getting building permits in Cocoa Beach?](https://easlerlaw.com/faq/cocoa-beach-building-permits): Cocoa Beach places permit responsibility on the property owner rather than the contractor, so an owner can be cited when work starts without one. - [Who issues Business Tax Receipts in West Melbourne?](https://easlerlaw.com/faq/west-melbourne-business-tax-receipt): West Melbourne's Finance Director serves as the Business Tax Receipt Official, and renewals must be paid by September 30 to avoid penalties. - [Who Pays Probate Attorney Fees?](https://easlerlaw.com/faq/probate-attorney-fees): Probate attorney fees are normally paid out of the assets of the estate. Beneficiaries sometimes have to advance the cost when the estate has no liquid funds, then seek reimbursement from the estate later. - [Who regulates businesses in Florida?](https://easlerlaw.com/faq/who-regulates-businesses-in-florida): The Florida Department of Business and Professional Regulation licenses over 160 professions, issues business licenses and permits, investigates complaints, and disciplines businesses that violate state law. - [Who regulates medical offices in Florida?](https://easlerlaw.com/faq/who-regulates-medical-offices-in-florida): The Medical Board of Florida licenses medical professionals, investigates complaints, and disciplines those who violate the law. Its committees cover specific practice areas and unprofessional conduct. - [Why Are Title Searches Important For Sellers, Buyers, And People Who Transfer Deeds To Related Parties?](https://easlerlaw.com/faq/why-are-title-searches-important-for-sellers-buyers-and-people-who-transfer-deeds-to-related-parties): Answers the question “Why Are Title Searches Important For Sellers, Buyers, And People Who Transfer Deeds To Related Parties?” in a list of points on the page. - [Why Do You Need a Healthcare Proxy?](https://easlerlaw.com/faq/why-do-you-need-a-healthcare-proxy): 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. - [Why Is an LLC Operating Agreement Essential for Business Operations?](https://easlerlaw.com/faq/why-is-an-llc-agreement-vital): An operating agreement sets out each member's rights and responsibilities, provides for transfer of a member's interest at death, helps shield personal assets from business liabilities, and adds credibility. ## News and Articles - [A No-Brainer: Protecting Your Website Under the DMCA](https://easlerlaw.com/news/protecting-your-website-under-the-dmca): The DMCA safe harbor shields online service providers from liability for infringing material posted by users, but only if they designate a registered agent. Here is what a valid takedown notice must contain. - [Avoiding the Unauthorized Practice of Law in Florida: The Basics](https://easlerlaw.com/news/avoiding-unauthorized-practice-of-law-florida): Practicing law in Florida without a license is a third-degree felony. Conduct crosses the line when it affects another person's legal rights and requires skill and knowledge beyond that of an average citizen. - [Brevard County Commission Item F.2: Binding Development Plan for U.S. 1 Commercial Rezoning at Lionel Road on October 20](https://easlerlaw.com/news/brevard-county-commission-item-f2-binding-development-plan-us-1-lionel-road-october-20): Brevard County commissioners will consider accepting a binding development plan for 7.05 acres on U.S. 1 at Lionel Road on Oct. 20. The plan bars gas stations and sets buffers for land rezoned to BU-1 on Aug. 6. - [Brevard County Commission Item J.1: Gamopin Land Purchase for West Cocoa Mud Lake Stormwater Project on October 20](https://easlerlaw.com/news/brevard-county-gamopin-land-purchase-west-cocoa-mud-lake-stormwater-october-20): Item J.1, Oct. 20, 2026: Brevard County would pay Gamopin, LLC $745,000 for 8.22 acres on Range Road in Cocoa for Mud Lake flood storage. - [Brevard County Commission Item J.2: AMC Malabar Property Purchase Near Jordan Scrub Sanctuary on October 20](https://easlerlaw.com/news/brevard-county-amc-malabar-property-purchase-jordan-scrub-sanctuary-october-20): Brevard County Commission weighs a $2,425,000 EEL purchase of 19.68 acres next to Jordan Scrub Sanctuary in Malabar on Oct. 20, 2026. - [Brevard County Commission Ordinance Creating the Brevard Barrier Island Land Authority: Public Hearing October 20](https://easlerlaw.com/news/brevard-county-barrier-island-land-authority-ordinance-october-20): Brevard County Commission hearing Oct. 20, 2026 on an ordinance creating the Brevard Barrier Island Land Authority and a state park surcharge. - [Brevard County Real Estate Market Analysis for April 2023](https://easlerlaw.com/news/brevard-county-market-analysis-april-2023): April 2023 brought a 5.5% dip in Brevard County single-family closed sales with the median price flat at $360,000, while townhouse and condo sales fell 17.0% and inventory supply more than doubled. - [Brevard County Real Estate Market Shows Mixed Performance in Q1 2023](https://easlerlaw.com/news/brevard-county-real-estate-market-q1-2023): Brevard County closed sales fell 9.9% in Q1 2023, yet the median single-family price rose 3.2% to $350,000 and townhouse and condo prices gained 8.5% while inventory supply roughly tripled. - [Brevard County Value Adjustment Board: 2026 Tax Roll Petition Hearings Begin on November 2](https://easlerlaw.com/news/brevard-county-value-adjustment-board-2026-tax-roll-petition-hearings-november-2): The Brevard County Value Adjustment Board begins its November hearings on 2026 tax roll petitions on Nov. 2 in Titusville, with hearings listed through Nov. 19. - [Brevard County Zoning Meeting: Key Decisions & Public Input, Mar 2, 2023](https://easlerlaw.com/news/brevard-county-commission-03-02-2023): Brevard County's March 2, 2023 zoning meeting approved four rezoning requests over resident objections, tabled a comprehensive plan amendment, and backed Malta Inc.'s Bluefin energy storage project. - [Building “Trust” Into Your Trust](https://easlerlaw.com/news/building-trust-into-your-trust): A Florida revocable living trust manages your assets while you live, protects you if you become incapacitated, and spares your heirs probate. Learn why the state requires an attorney to draft one. - [Can a Business Sue for a Bad Review?](https://easlerlaw.com/news/sue-bad-review): A business can sue a reviewer for defamation, but opinion and truth are strong defenses, anti-SLAPP statutes and the Consumer Review Fairness Act protect reviewers, and Section 230 shields the platforms themselves. - [Can Computer Code be Copyrighted?](https://easlerlaw.com/news/software-computer-code-copyrighted): Google LLC v. Oracle America asks whether the Java APIs are protected by copyright and, if so, whether Google's use of them was fair use. A look at the arguments before the Supreme Court and what is at stake. - [Cocoa Beach Ordinance 1719: City Commission First Reading on Boat, RV, and Trailer Parking Rules on October 15](https://easlerlaw.com/news/cocoa-beach-ordinance-1719-boat-rv-trailer-parking-october-15): Cocoa Beach City Commission takes up Ordinance 1719 on Oct. 15, 2026, changing rules for parking boats, RVs, and trailers at homes. - [Cocoa Beach Ordinance 1728: City Commission First Reading on Vacation Rental Occupancy Advertising on October 15](https://easlerlaw.com/news/cocoa-beach-ordinance-1728-vacation-rental-occupancy-advertising-october-15): Cocoa Beach City Commission takes up Ordinance 1728 on Oct. 15, 2026, on vacation rental ads that offer more guests than the occupancy limit. - [Corporate Armor: How WH Smith Avoided Corporate Veil Piercing in Florida](https://easlerlaw.com/news/corporate-veil-piercing): Florida courts rarely pierce the corporate veil. In WH Smith v. Benages, the appellate court held that a parent directing its subsidiaries to breach a contract was not, on its own, the improper conduct required. - [DBPR Revises Proposed Florida Condo Meeting Rule in Notice of Change Published October 16, 2026](https://easlerlaw.com/news/florida-condo-meeting-rule-61b-23-001-notice-of-change-october-16-2026): A DBPR notice of change published October 16, 2026 revises proposed Rule 61B-23.001 on Florida condominium meetings. The proposal addresses recorded video conference meetings, detailed agendas, owner questions and board answers. - [DBPR Revises Proposed Florida Condo Penalty Guidelines in Notice of Change Published October 15, 2026](https://easlerlaw.com/news/florida-condo-penalty-guidelines-61b-21-notice-of-change-october-15-2026): A DBPR notice of change published October 15, 2026 revises proposed Rules 61B-21.001 and 61B-21.003 for Florida condominium associations. The changes address minor and willful violations, director removal and the penalty guidelines table. - [Deed Fraud: Forgery, Damages & Remedies](https://easlerlaw.com/news/deed-fraud-forgery-damages-and-remedies): Florida deed fraud explained: how a forged deed differs from one induced by fraud, why forgeries are void from the start, and what rescission, damages, and title insurance can recover for a buyer. - [Dispelling the Myths of Reverse Mortgages in Probate](https://easlerlaw.com/news/myths-of-reverse-mortgages-probate): A reverse mortgage balance comes due when the borrower dies, which makes it a probate issue. We take on four common misconceptions about what happens to the surviving spouse, the heirs and the home. - [Don’t Say a Little Prayer: Estate Planning Lessons from Aretha Franklin's Probate Trial](https://easlerlaw.com/news/aretha-franklin-probate-lessons): Aretha Franklin's contested handwritten will, found in her couch cushions, ignited a legal battle. Michigan accepted it, but Florida's stricter standards reject such wills. The case underscores the importance of proper estate planning and legal guidance. - [Estate Planning for Same-Sex Couples in Florida](https://easlerlaw.com/news/estate-planning-same-sex-couples-florida): LGBT couples and families face unique challenges in the probate process. - [FAA Draft Environmental Assessment: Blue Origin New Glenn Launches at Cape Canaveral SLC-36, Public Meeting October 22](https://easlerlaw.com/news/faa-blue-origin-new-glenn-slc-36-draft-environmental-assessment-october-22): The FAA's Draft EA reviews Blue Origin's request to raise New Glenn launches at SLC-36 from 12 to 50 a year. A virtual meeting is Oct. 22 and comments close Oct. 30. - [FinCEN Final Rule Effective August 14, 2026 Keeps U.S. Companies and Owners Out of BOI Reporting](https://easlerlaw.com/news/fincen-beneficial-ownership-final-rule-2026): FinCEN's final rule, effective August 14, 2026, made permanent the 2025 interim rule that removed U.S. companies from beneficial ownership reporting. It also exempted U.S. company applicants and ended update duties for U.S. persons with a FinCEN ID. - [FIRPTA: What Foreign Investors of US Real Estate Need to Know](https://easlerlaw.com/news/firpta-what-foreign-investors-of-us-real-estate-need-to-know): FIRPTA requires the buyer to withhold tax from a foreign seller's proceeds when U.S. real property changes hands, currently 15 percent of the sales price. Plan for it before the property is listed. - [Florida Appraiser Continuing Education Rule Became Effective October 6, 2026](https://easlerlaw.com/news/florida-appraiser-ce-rule-61j1-4-003-october-6-2026): The Florida Real Estate Appraisal Board's amended Rule 61J1-4.003 took effect October 6, 2026. It added a Valuation Bias and Fair Housing course within the 30 hour CE requirement and set new limits on course content. - [Florida Civil Procedure Rule 1.200 Trial Period Reset Takes Effect January 1, 2027](https://easlerlaw.com/news/florida-civil-procedure-rule-1-200-trial-period-january-1-2027): The Supreme Court of Florida amended Rule of Civil Procedure 1.200(h) on October 15, 2026, effective January 1, 2027. Courts resetting a trial period that was not reached must consider the availability of the parties. - [Florida Civil Procedure Rule Changes Take Effect January 1, 2027: Discovery, Subpoenas, and Court Forms](https://easlerlaw.com/news/florida-civil-procedure-rule-changes-2027): In three opinions released October 1 and October 8, 2026, the Supreme Court of Florida amended the Florida Rules of Civil Procedure effective January 1, 2027, covering damages disclosures, discovery signatures, subpoena proof of service and five court forms. - [Florida Community Association Manager Citation Rule Takes Effect October 27, 2026](https://easlerlaw.com/news/florida-community-association-manager-citation-rule-61-20-011-october-27-2026): A DBPR amendment to Rule 61-20.011 takes effect October 27, 2026. It adds a $250 first and $500 subsequent citation for community association managers and firms that fail to keep their online licensure accounts current. - [Florida Condo Board Education Rule Became Effective September 3, 2026](https://easlerlaw.com/news/florida-condo-board-education-rule-61b-19-001-september-3-2026): DBPR Rule 61B-19.001 took effect September 3, 2026. It set board member certification and continuing education deadlines for Florida condominium directors, required suspension for missed deadlines and updated provider standards. - [Florida Condo Reserve and SIRS Rule Amendments Became Effective October 4, 2026](https://easlerlaw.com/news/florida-condo-reserve-rule-61b-22-005-update): DBPR's amended Rule 61B-22.005 took effect October 4, 2026. It set conditions for switching between pooled and straight-line reserve accounting and listed events that require an updated structural integrity reserve study. - [Florida Guardianship Form Updates Take Effect January 1, 2027](https://easlerlaw.com/news/florida-guardianship-form-updates-sc2026-0558-january-1-2027): The Supreme Court of Florida amended nine guardianship rules and forms on October 15, 2026, effective January 1, 2027. The forms move the case caption to the left side of the page and use updated certificate of service wording. - [Florida Guardianship Rule Changes Take Effect January 1, 2027: Conflicts of Interest and Emergency Notice](https://easlerlaw.com/news/florida-guardianship-probate-rules-5-015-5-630-5-648-january-1-2027): The Supreme Court of Florida amended Probate Rules 5.015, 5.630 and 5.648 on October 1, 2026, effective January 1, 2027. Guardian petitions must disclose family and personal interests, and an elisor will serve and read emergency temporary guardianship notices. - [Florida HOA Director Education Rule Took Effect September 7, 2026](https://easlerlaw.com/news/florida-hoa-director-education-rule-61b-19-004): DBPR Rule 61B-19.004 took effect September 7, 2026. It set out how Florida homeowners association directors complete board member certification and annual continuing education, and when a board must suspend a director who misses a deadline. - [Florida Homebuyers Beware: 10 Tips for Identifying Common Home Defects](https://easlerlaw.com/news/florida-homebuyers-beware-home-defects): Structural damage, water intrusion, mold, wiring and plumbing problems are common in Florida homes. A licensed inspection, a careful read of the seller's disclosure, and a real estate attorney protect the purchase. - [Florida Made Fraudulent Entry of a Rental Home a Felony Effective October 1, 2026](https://easlerlaw.com/news/florida-fraudulent-entry-rental-dwelling-law-2026): Chapter 2026-143, Laws of Florida, took effect October 1, 2026. It created the felony of fraudulent entry of a residential dwelling unit and added that conduct to the list of incurable lease violations under section 83.56. - [Florida Probate Changes Effective July 1, 2026: Higher Small Estate Limits and New Tools for Personal Representatives](https://easlerlaw.com/news/florida-probate-changes-hb-1337-2026): Chapter 2026-57, Laws of Florida, took effect July 1, 2026. It doubled the limits for summary administration and several small estate procedures and gave personal representatives a way to enforce their authority in court. - [Florida Probate Curator Rule Amendments Became Effective October 1, 2026](https://easlerlaw.com/news/florida-probate-curator-rule-5-122-october-1-2026): In case No. SC2025-1462, the Supreme Court of Florida amended Probate Rules 5.025, 5.122, 5.200, 5.320 and 5.470, effective October 1, 2026. Letters of curatorship must now state the curator's powers, and orders must address creditor demands. - [Florida Probate Rule Changes Take Effect January 1, 2027: Death Records and Discovery](https://easlerlaw.com/news/florida-probate-rule-changes-january-1-2027): In opinions released October 1 and October 8, 2026, the Supreme Court of Florida amended the Florida Probate Rules effective January 1, 2027. The changes address evidence of death, limit early demands for death records and exclude civil initial disclosures from probate and guardianship cases. - [Florida Probate Rules on Curator Bonds and Notice Became Effective October 15, 2026](https://easlerlaw.com/news/florida-probate-curator-bond-notice-rule-5-122-october-15-2026): In case No. SC2026-1351, released October 15, 2026, the Supreme Court of Florida amended Probate Rules 5.122 and 5.905 effective immediately. The changes address curator bonds and notice and add Tatton-Brown-Rahman syndrome to the guardian advocate petition form. - [Florida Property Tax Appeal Rules Became Effective August 27, 2026](https://easlerlaw.com/news/florida-property-tax-appeal-rules-2026): Amended Rules 12D-9.025 and 12D-9.001 took effect August 27, 2026. They set a firm 15 day deadline for requested evidence, added a right to appear remotely and limited how far a value adjustment board may move a property's value. - [Florida Property Tax Appeal Rules for Remote Hearings Take Effect November 2, 2026](https://easlerlaw.com/news/florida-remote-vab-hearing-rules-november-2-2026): The Florida Department of Revenue filed amended Rules 12D-9.014, 12D-9.019, 12D-9.020 and 12D-9.026 on October 13, 2026, effective November 2, 2026. The rules set procedures for remote value adjustment board hearings and update the evidence exchange. - [Florida Rule Changes for Nonparty Records Subpoenas Take Effect January 1, 2027](https://easlerlaw.com/news/florida-nonparty-subpoena-rule-1-351-january-1-2027): The Supreme Court of Florida amended Rule of Civil Procedure 1.351 and related rules on October 1, 2026, effective January 1, 2027. Objections to nonparty records subpoenas must state specific grounds, and an objection holds production until it is resolved. - [Florida’s HB 7031: A Game-Changer for Commercial Leases Starting October 2025](https://easlerlaw.com/news/floridas-hb-7031commercial-leases-starting-october-2025): On October 1, 2025, Florida’s commercial real estate landscape will undergo a transformative change with the implementation of House Bill (HB) 7031. Signed into law by Governor Ron DeSantis, this legislation eliminates the State Business Rent Tax and County Surtax on commercial leases, positioning Florida as a more attractive hub for businesses. - [Four Tax Considerations for Real Estate Investment Purchases](https://easlerlaw.com/news/four-tax-implications-real-estate-as-an-investment): Pass-through versus double taxation, depreciation, 1031 exchanges and retirement accounts all shape what an investment property actually returns. Four tax questions to work through before you buy. - [FTC Issues Ruling to Ban Noncompete Agreements Nationwide](https://easlerlaw.com/news/ftc-bans-noncompete-agreements): The FTC has banned non-compete agreements in the U.S. labor market, effective April 23, 2024. The FTC expects the rule to boost competition and worker mobility, impacting all employment contracts except certain executives. Businesses must comply immediately and revise contracts. - [Housing Cooperatives: What UHF v. Forman Means for Real Estate Investors](https://easlerlaw.com/news/housing-cooperatives-real-estate-investors): In United Housing Foundation v. Forman, the Supreme Court held that shares bought only to occupy a nonprofit co-op apartment are not securities. Investors buying into a co-op for profit should look closer. - [How Survivorship Life Insurance Helps in Estate Planning](https://easlerlaw.com/news/estate-planning-life-insurance-policies): Survivorship life insurance pays out only after both policyholders die, offering larger death benefits at lower premiums and bypassing probate. Learn when it fits an estate plan and when it does not. - [How To Avoid Using a Descriptive Trademark](https://easlerlaw.com/news/how-to-avoid-using-a-descriptive-trademark): Trademarks sit on a continuum from generic to arbitrary. Descriptive marks are weak and hard to register, so a suggestive or arbitrary mark gives the brand you built far stronger protection. - [How To Use Estate Planning to Avoid Probate](https://easlerlaw.com/news/how-to-use-estate-planning-to-avoid-probate): Probate in Florida is time-consuming, expensive and public. Revocable living trusts, joint ownership and payable-on-death accounts are all ways to pass assets to your beneficiaries without going through it. - [IRS Estate Tax Closing Letter Fee Rises to $76 for Requests Received After October 26, 2026](https://easlerlaw.com/news/irs-estate-tax-closing-letter-fee-increase): A final IRS rule published September 25, 2026 raises the estate tax closing letter fee from $56 to $76. The new fee will apply to requests the IRS receives after October 26, 2026. - [IRS Final Rule on Credit and Debit Card Tax Payment Fees Took Effect October 19, 2026](https://easlerlaw.com/news/irs-credit-debit-card-tax-payment-rule-october-19-2026): IRS final regulations in T.D. 10060 took effect October 19, 2026. The rule lets the IRS pay card processing fees under its contracts if it recovers the full cost from taxpayers paying federal taxes by credit or debit card. - [IRS Proposes Ending Form 1041-A Filing for Some Trusts, Comments Were Due October 16, 2026](https://easlerlaw.com/news/irs-form-1041-a-trust-charitable-reporting-proposal): Proposed IRS regulations published August 17, 2026 would remove the Form 1041-A filing requirement for trusts whose only charitable deductions come through passthrough entities. Comments and hearing requests were due October 16, 2026. - [IRS Proposes Farmland Sale Installment Tax Rules, Comments Due November 30, 2026](https://easlerlaw.com/news/irs-farmland-sale-installment-tax-rules-comments-november-30-2026): Proposed IRS regulations published September 29, 2026 explain the new election to pay the tax on gain from selling qualified farmland to a qualified farmer in four equal annual installments. Comments and public hearing requests are due November 30, 2026. - [IRS Trump Account Auto Enrollment Rules Became Effective September 30, 2026](https://easlerlaw.com/news/irs-trump-account-auto-enrollment-rules-september-30-2026): Temporary IRS regulations in T.D. 10056 took effect September 30, 2026. They provide for Treasury to open Trump accounts automatically for eligible children and bar family contributions until a guardian, legal custodian or the adult child claims the account. - [Landlord and Tenant Obligations to Maintain Residential Property in Florida](https://easlerlaw.com/news/maintain-residential-property): Florida law splits repair and upkeep duties between landlord and tenant. Here is what the statutes require of each side, and what can happen when either one fails to hold up their end of the lease. - [Lessons on Security Disclosure: Hutchinson v. Deutsche Bank](https://easlerlaw.com/news/disclosure-securities-liability): In Hutchinson v. Deutsche Bank, the Second Circuit held that an issuer's silence about two troubled loans was not material because they were collateralized and a small share of its portfolio. Disclose cautiously anyway. - [Lost but not Forgotten: Lost Wills and How to Establish Them](https://easlerlaw.com/news/lost-wills): Florida presumes a lost will was revoked. Learn what counts as a correct copy, who qualifies as a disinterested witness, and how an interested person can establish a lost will for probate. - [Malabar Ordinance 2026-11: Town Council First Reading on Data Center Moratorium on October 19](https://easlerlaw.com/news/malabar-ordinance-2026-11-data-center-moratorium-october-19): Malabar Town Council holds a first reading Oct. 19, 2026 on Ordinance 2026-11, a 12-month moratorium on data centers and large load customers. - [McConville v. SEC: Widening the Net through Falsities and Scienter](https://easlerlaw.com/news/mcconville-v-sec-widening-the-net-through-falsities-and-scienter): The appellate court upheld the SEC's findings that a company's former CFO made false statements with scienter. The case shows that poor recordkeeping, not just deliberate deception, can draw SEC scrutiny. - [Melbourne City Council Item C.17: Circle K Gas Station Settlement at 1300 S. Babcock Street, Hearings November 10 and 24](https://easlerlaw.com/news/melbourne-circle-k-1300-s-babcock-street-fluedra-settlement-november-hearings): Melbourne City Council approved a FLUEDRA settlement on the 1300 S. Babcock St. Circle K plan Oct. 13, 2026. Store not approved. Hearings Nov. 10 and 24. - [Melbourne City Council Resolution No. 4448: Solid Waste Rates for 2027 Approved on October 13](https://easlerlaw.com/news/melbourne-city-council-resolution-4448-solid-waste-rates-2027-approved-october-13): Melbourne City Council approved Resolution No. 4448 on October 13, setting new Waste Management solid waste rates for billings on or after January 1, 2027. The residential rate rises to $18.47 per unit per month. - [Melbourne Historic and Architectural Review Board HARB2026-0044: Green Gables House Porch Addition Removal on October 21](https://easlerlaw.com/news/melbourne-harb2026-0044-green-gables-house-porch-addition-removal-october-21): The Melbourne Historic and Architectural Review Board will review a request Oct. 21 to remove the southwest porch section and second floor additions at the Green Gables House, 1501 S. Harbor City Blvd. - [Melbourne Ordinance 2026-34: City Council Second Reading on Outdoor Entertainment Venue Zoning on October 27](https://easlerlaw.com/news/melbourne-ordinance-2026-34-outdoor-entertainment-venue-zoning-october-27): Melbourne City Council holds a second reading Oct. 27, 2026 on Ordinance 2026-34, creating an Outdoor Entertainment Venue (OEV) zoning district. - [OCIE Risk Alert Cautions Registered Funds to Address Deficiencies](https://easlerlaw.com/news/ocie-risk-alert-cautions-registered-funds-to-address-deficiencies): An SEC risk alert sets out the problems examiners find most often in registered funds: gaps in compliance programs, misleading investor disclosures, weak advisory contract review, and code of ethics failures. - [Palm Bay Development Agreement DA26-00001: City Council Hearing on Emerald Lakes East Phase I on October 15](https://easlerlaw.com/news/palm-bay-development-agreement-da26-00001-emerald-lakes-east-october-15): Palm Bay City Council holds a first hearing Oct. 15, 2026 on DA26-00001, an amendment to the Emerald Lakes development agreement for East Phase I. - [POA 101: Who Has The Power?](https://easlerlaw.com/news/poa-101-who-has-the-power): A power of attorney lets someone you trust handle financial matters when you cannot. Answers to common questions about the types available, what an agent can and cannot do, and who is eligible to serve. - [Pre-Incorporation Contracts: Avoiding Promoter Liability](https://easlerlaw.com/news/avoiding-promoter-liability): A promoter who signs a contract before the corporation exists stays personally liable, even after the company adopts the agreement. Only a novation moves that liability onto the corporation. - [Prewitt & Warrick: Narrowing Homestead Exemption Field](https://easlerlaw.com/news/homestead-exemption-in-florida): Prewitt held that Florida's homestead exemption statutes name the entities that qualify, and an S corporation is not among them. The later Warrick decision narrowed that reading for long-term residential lessees. - [Protecting the Copyrights of Software](https://easlerlaw.com/news/protecting-the-copyrights-of-software): Both source code and object code can be copyrighted, but how you register matters. What to know about deposits, the Rule of Doubt, and redacting trade secrets before you file with the U.S. Copyright Office. - [Risks Without Pet Trusts: Xyla's Near-Fatal Experience Post-Owner's Death](https://easlerlaw.com/news/pet-dog-xyla-strangled-left-to-die): In Florida, a shocking act of cruelty exposed the urgent need for responsible pet ownership and proper estate planning for pets. Xyla, a 16-year-old Shih Tzu, was abandoned in a dumpster by a family member of her deceased owner. Rescued and now thriving, Xyla's story highlights the importance of securing our pets' futures through legal means like pet trusts and designated caregivers. Responsible planning ensures our beloved animals are cared for, even after we're gone. - [Sarbanes Oxley & SEC Blackout: Safeguarding Confidentiality](https://easlerlaw.com/news/sarbanes-oxley-controls): Section 404 of the Sarbanes-Oxley Act requires companies to report on their internal control over financial reporting. As the SEC has made clear, disclosing a material weakness is not enough on its own. - [Senate Bill 264: Impact on Florida Real Estate Transactions](https://easlerlaw.com/news/senate-bill-264-florida-real-estate-transactions-amidst-new-regulatory-landscape): On July 1, 2023, Governor Ron DeSantis signed Senate Bill 264, known as the Interests of Foreign Countries Act, transforming the regulatory landscape of real estate transactions in Florida. - [Special Rules for Rental Applications for Members of the Armed Forces](https://easlerlaw.com/news/special-rules-for-rental-applications-for-members-of-the-armed-forces): The Servicemembers Civil Relief Act and Florida law give military tenants extra protection on leases, evictions and rental applications. What landlords need to do, and how quickly they need to do it. - [Taxation for Foreign Real Estate Investors](https://easlerlaw.com/news/taxation-foreign-real-estate-investors): How non-US investors are taxed on US real estate: choosing a holding structure, avoiding double taxation, estate tax exposure, reporting rental income, FIRPTA on sale, and state and local taxes. - [The Consequences of Misrepresentations in the Sale of a Tech Company](https://easlerlaw.com/news/the-consequences-of-misrepresentations): A buyer of a tech company relies on the seller's representations and warranties. This article explains fraudulent and negligent misrepresentation, the assurances that matter most in a sale, and the remedies available. - [The Dangers of Unintentionally Submitting to Foreign Jurisdiction](https://easlerlaw.com/news/dangers-of-unintentionally-submitting-to-foreign-jurisdiction): Employees who regularly do business abroad can create a permanent establishment for their employer and trigger local tax liability. Companies with a global footprint should review what their foreign agents actually do. - [The Decision in Google v. Oracle](https://easlerlaw.com/news/the-decision-in-google-v-oracle): The Supreme Court held that Google's copying of Oracle's Java APIs was fair use, but deliberately left open whether APIs can be copyrighted at all. A far narrower decision than the tech industry expected. - [The Significance of an Owner’s Affidavit in a Real Estate Purchase](https://easlerlaw.com/news/the-significance-of-an-owners-affidavit-in-a-real-estate-purchase): When a person sells a house, vacant land, or other piece of property, there are certain requirements that must be followed. Most states require an affidavit of title. - [The Tort of Appropriation](https://easlerlaw.com/news/the-tort-of-appropriation): Using a person's name, voice, photograph or likeness in advertising without permission can amount to misappropriation. This article covers the right of publicity, what the law protects, and how to avoid a claim. - [Titusville Ordinance 36-2026: City Council Second Reading on Live Local Act Zoning Standards on October 13](https://easlerlaw.com/news/titusville-ordinance-36-2026-live-local-act-october-13): Titusville City Council holds a hearing Oct. 13, 2026 on Ordinance 36-2026, updating Live Local Act zoning and land use standards. - [Titusville Ordinance 37-2026: City Council Second Reading on Final Plat Approval on October 13](https://easlerlaw.com/news/titusville-ordinance-37-2026-final-plat-approval-october-13): Titusville City Council holds a hearing Oct. 13, 2026 on Ordinance 37-2026, which would move final plat approval to the City Manager. - [Titusville Ordinances 38-2026, 39-2026, and 40-2026: City Council Hearing on Diamond Oaks Annexation and Rezoning on October 27](https://easlerlaw.com/news/titusville-ordinances-38-39-40-2026-diamond-oaks-october-27): Titusville City Council holds a hearing Oct. 27, 2026 on SSA 3-2026 Diamond Oaks annexation, Future Land Use change, and R-1C rezoning. - [Treasury Proposes Rules for Large Investor Home Purchase Ban Taking Effect January 7, 2027](https://easlerlaw.com/news/treasury-large-institutional-investor-home-purchase-ban-january-7-2027): Treasury released a proposed rule on October 22, 2026 interpreting the ROAD Act ban on large institutional investors buying single-family homes. The ban takes effect January 7, 2027, and comments are due 30 days after Federal Register publication. - [Understanding Testamentary Capacity in Estate Planning](https://easlerlaw.com/news/understanding-testamentary-capacity): Testamentary capacity is the sound mind a person must have to make a valid will or trust. This article explains the Florida standard, how capacity is challenged, and how it applies to other estate planning tools. - [West Melbourne City Council Item 8.D: BJ Lane Annexation for Industrial Warehouse Site on October 20](https://easlerlaw.com/news/west-melbourne-city-council-item-8d-bj-lane-annexation-industrial-warehouse-october-20): The West Melbourne City Council will decide Oct. 20 whether staff should prepare an annexation ordinance for about 29.87 acres off BJ Lane, north of U.S. 192, where the owners plan an industrial warehouse. - [West Melbourne Ordinance 2026-09: City Council Second Reading on Residential Compatibility Rules on October 20](https://easlerlaw.com/news/west-melbourne-ordinance-2026-09-residential-compatibility-october-20): West Melbourne City Council holds the second reading of Ordinance 2026-09 on residential compatibility rules on October 20, 2026. - [West Melbourne Ordinances 2026-10 and 2026-11: City Council First Reading on 235 Park Hill Blvd Rezoning on October 20](https://easlerlaw.com/news/west-melbourne-ordinances-2026-10-2026-11-235-park-hill-blvd-rezoning-october-20): West Melbourne City Council holds first reading Oct. 20, 2026 on Ordinances 2026-10 and 2026-11 for 235 Park Hill Blvd. Adoption set Nov. 17. - [What Is the Current Sales Tax on Commercial Rentals in Florida?](https://easlerlaw.com/news/june-1-sales-tax-reduction-commercial-rentals): The state sales tax on commercial real property and leases in Florida is set to decrease from 4.5% to 2% starting June 1, 2024. This reduction is part of broader efforts to support businesses in the state and does not affect local taxes imposed at the county level. It applies to payments received for occupancy periods beginning on or after June 1, 2024, and is expected to have a significant impact on operating costs for businesses leasing commercial real property in Florida. - [What Is The Difference Between an S Corp and C Corp?](https://easlerlaw.com/news/s-corp-vs-c-corp): Both are corporations offering limited liability, but they differ on taxation, formation and ownership. C corps face double taxation and unlimited shareholders; S corps pass income through and cap owners at 100. - [Whistleblowers vs. Somers Case: Silenced or Premature Reporting?](https://easlerlaw.com/news/how-somers-forces-whistleblowers-into-silence): In Digital Realty v. Somers, the Supreme Court held that the Dodd-Frank Act protects an employee from retaliation only if the securities violation was reported to the SEC. Internal reports alone do not qualify. ## Optional - [AI Usage Policy](https://easlerlaw.com/ai-usage): We believe artificial intelligence is a powerful tool when used carefully. This policy explains how Easler Law uses AI in our work, what we will not use it… - [DMCA Policy](https://easlerlaw.com/dmca): Easler Law respects the intellectual property rights of others. This policy explains how to report copyrighted material that you believe has been used on this… - [Privacy & Cookie Policy](https://easlerlaw.com/privacy): We respect your privacy. This policy explains what information we collect when you visit easlerlaw.com or contact our firm, how we use it, and the choices you… - [Terms of Use](https://easlerlaw.com/terms): These terms govern your use of the Easler Law website and any related communications. By accessing this site, you agree to the terms outlined below.