- Guardianship
- Corporate Law
- Business Disputes
- Real Estate Litigation
- Real Estate TransactionsWhen you sell or purchase Real Property without a Realtor, I will prepare the contract for the sale and purchase. You may call my office at and request a “Terms Sheet” from the Real Estate department in order to have an outline of your agreement. This form asks for the Seller and buyer names, contact information, address of the property, amount of deposit, and closing date. The form also provides a space to write in special provisions. Once everyone signs the contract, my office will order the title insurance commitment, prepare the closing documents, and coordinate the closing of the transaction. I will issue the title insurance policy as a Title Agent. I will take the Real Estate transaction from the beginning, when a contract is prepared, through the closing, wherein the buyer receives the deed to the property and the seller receives the proceeds of the sale.
- Land Use and Zoning
- Landlord-Tenant DisputesA lease is a written agreement between the landlord and tenant. The primary responsibility of the tenant is to pay the rent. The lease will also provide who is responsible for maintaining the property, repairs, replacement of equipment (A/C), taxes, and insurance. Provisions in the lease provide for remedies for the landlord in the event the tenant fails to comply with the terms of the lease. The primary responsibility of the landlord is to provide “peaceful enjoyment” of the property to the tenant. Leases should be specific as to the responsibilities of both the landlord and the tenant. You should have an attorney review your lease before you sign the lease to confirm your understanding of your responsibilities. Leases for more than 1 year need two witnesses to the landlord’s signature.
- Estate PlanningProbate is the legal term for an estate administration where someone dies owning assets. If all the decedent’s assets are jointly held or have designated beneficiaries, then a Probate proceeding is not necessary. If all the decedent’s assets are titled in the name of a Trust, the Trust will need to be administered. Wills, and persons dying without Wills owning assets in their name alone, require an estate proceeding to have creditors paid and the estate distributed to the beneficiaries. If there is not a Will, the estate is distributed to beneficiaries designated under Florida Statutes to receive the decedent's assets after creditors are paid. The State of Florida does not take your assets if you die without a Will. Wills do not have to be Probated if there are no assets in the decedent’s name alone.
- WillsSomeday someone will have to decide what to do with your possessions and property. If you do not decide for yourself, the laws of the State of Florida will decide for you. The only way to make sure that your intentions are carried out after your death is to plan. One way to plan is by designating beneficiaries on your bank accounts, brokerage accounts, and Real Estate. If you have your assets titled in your name as a married couple, the assets will automatically pass to the surviving spouse and no Probate will be necessary. Life insurance, annuities, and 401K’s that designate a beneficiary will not go through Probate. These accounts will pass to the designated beneficiary. If you wish to provide for beneficiaries who have special needs or have the beneficiary paid out over time, it will be necessary to establish a Trust. In addition to Wills and Trusts, I will discuss a Living Will/Dying Declaration, which states you do not wish to have your life prolonged artificially. Also an option available is a Health Care Surrogate, which will allow a person of your choosing to make health care decisions on your behalf. Another option to consider is a Power of Attorney, which is used in the Estate Planning process as a fall back in the event you are unable to take care of your business.
- TrustsPour-Over Will: A Will used in conjunction with a Revocable Living Trust to dispose of any property owned by the decedent at time of death which was not transferred to the Trust. The Pour-Over Will also revokes all prior wills, but unlike traditional wills it does not contain detailed dispositive provisions; rather it directs distribution of all individually owned property of the Testator to the Trustee of his/her Trust. The Trust instrument contains detailed instructions relating to the distribution of the property. Like all Wills, a Pour-Over Will must be admitted to probate to be effective.
- Power of AttorneyEvery phase of life brings its challenges, particularly when a person grows older and experience changes in health. You should designate someone to make healthcare decisions on your behalf if you are unable to do so, as well as appoint someone to handle your business affairs. I can prepare a Health Care Surrogate form to designate someone to make healthcare decisions and prepare a Durable Power of Attorney to authorize your agent to handle your business affairs. a. Some of the most common questions concerning growing older, is how should I title my investments, including bank accounts, and Real Estate? Can a nursing home take my home if I have skilled nursing care? Can the state claim my assets after I pass away? All these questions will depend on what your assets are and how they are titled. You should not make gifts of your assets until you discuss a Medicaid plan with an Elder Law Attorney.
- ProbateWhat must be done when a loved one passes away? Questions concerning the payment of bills and assets are all issues that are dealt with in handling Probate. If you are going to be the Personal Representative (Executor) under a Will, I will explain the Probate process from beginning to end, your responsibilities, and your compensation. During the initial conference concerning the decedent I will review how the assets are titled to determine whether or not an estate proceeding is necessary. Most estates are not subject to estate taxes since the Federal Government has raised the estate tax limitation to over $11,000,000.00. The State of Florida does not have any estate taxes. There are primarily two types of estate proceedings, one is called a Summary Administration when the assets are valued at less than $75,000.00 and a provision is made to pay all creditors. The $75,000.00 does not include homestead property. If the assets exceed $75,000.00, or there are creditors, then a Formal Administration is necessary. I will explain who is to receive the homestead property of the decedent, particularly if the decedent is survived by a spouse or a minor child. If the decedent died without a Will, the Florida Statutes provides who will receive the decedent's assets.
- Bankruptcy
- ForeclosureMember of the Florida Bar's Florida Registered Paralegal Program 18+ years experience in civil litigation, foreclosures, real estate and creditor representation in bankruptcy.