The Florida “Lady Bird” Deed – What You Need to Know
A Lady Bird Deed is one of the best estate planning tools Florida has to offer. Formally known as an “Enhanced Life Estate Deed,” this type of deed allows a property to pass automatically to a decedent’s designated beneficiaries upon death without the need for probate.
The history behind the name of...
Ask a Probate Attorney: What Happens When You Die Without a Will?
Most people know that a Will is a crucial legal document in any estate plan, as it establishes what assets you own and to whom they will be distributed. Given the importance of a Will, it is reasonable to wonder what would happen to your estate if you were Farshchian Law
Ancillary Administration for Florida Real Estate
When someone who owns real property in Florida but lives somewhere else passes away, the process of transferring ownership of that property is known as ancillary administration. Ancillary administration is also necessary when a Florida resident dies leaving property in another state.
Florida law requires that a personal...
The Florida Probate Process
Probate is the process of identifying the assets that belong to a deceased’s estate, using those assets to pay any debts or obligations owed by the deceased, and finally, distributing the remaining assets to the beneficiaries named in a will or as per Florida law (when there is no valid will).
Navigating the Unity of Title Process in Florida and Obtaining an Opinion of Title Letter
If you own or plan to acquire multiple plots of land in Broward or Miami-Dade County (or other counties in the State of Florida) and develop a new construction project on the site, you may need to comply with the Unity of Title process, as well obtain an Opinion of Title....
How Probate Applies to a Florida Homestead Property
A Florida homestead property must undergo probate when there is only one individual on title or when there are a few individuals who hold title as tenants in common and one of those individuals passes away. Probate is a process whereby a court supervises the winding down of an estate (such...
Protect Your Business with Comprehensive Commercial Title Services
One of the biggest and most important choices you will make as a business owner is deciding on the right commercial real estate for your business. Whether you need a place to launch your new enterprise, or need room for your existing business to grow, you will need reliable Commercial Title...
Why You Should Never Buy or Sell on Your Own Without Closing and Title Services
It is no longer uncommon for buyers and sellers forgo the services of real estate sales professionals to save money. However, there remains no substitute for professional Closing and Title Services offered by qualified real estate lawyers. Here are just a few reasons why it is worth investing in the expertise...
How to Protect Your Homestead Property from Creditors When You Sell It
In 2016, the Florida Supreme Court issued a ruling that had a significant impact on the sale of homestead properties. JBK Assocs., Inc. v. Sill Bros., Inc. concerned whether the proceeds from the sale of a homestead could be used to satisfy a...
Understanding How the FIRPTA Withholding Certificate Works
Florida real estate has long been an alluring asset to investors from around the world, especially during these uncertain economic times. Even the U.S. Internal Revenue Service (IRS) has observed a “phenomenal rise” in foreign investment in American real property in recent years, buoyed by low interest rates and a weak dollar....