Many of my estate planning clients are surprised to find out that a properly executed Will does not avoid probate. In fact signing a Will gives your entire estate a first class ticket to the slow and costly probate court after you die. If you pass without a Will the...
Many retirees today are finding out that they have too much monthly income to qualify for Florida Medicaid benefits to pay for their long term care. The solution is to set up a Qualified Income Trust also known as a "Miller Trust" as part of your estate planning...
There are three separate bills that I would like to highlight: HB 667, HB 653, and HB 7031. These bills may have a significant impact on community associations. The 2016 Legislative Session begins next week on January 12, 2016.HB 667- This bill combines the three...
Competing real estate lien priority was the issue that the Florida Fourth District Court of Appeal recently issued an opinion on in U.S. Bank National Association v. Grant. The question was whether a homeowner's association lien for unpaid assessments has priority...
Is one of your new year's resolutions to start a new business? Are you looking to scratch that entrepreneurial itch? Do you think that setting up your new business is as simple as filling out a few forms on-line or calling an 800 number? Think again. There are many...
Are you interested in learning how to invest in commercial real estate in Central Florida? Visit our law firm's free podcast at 321radio.com to listen to interviews with key players in Brevard County, Florida. In their most recent podcast episode, Mitchell...
Most commercial mortgages, and many residential mortgages, contain balloon language. Even though the monthly payments could be based on a fifteen year or longer amortization, the obligation is now due and payable and the outstanding principal balance must be paid in...
Buyers and Sellers spend a great deal of time negotiating the best price when contracting for real estate. However, they often overlook payment of the closing costs when agreeing to the final price.The following is an example of how closing costs are allocated by a...
All buyers-including cash buyers-should obtain a survey of the property prior to closing. In addition to showing the precise location and boundaries of the property, a survey will disclose whether there are any neighboring fences, walls, concrete slabs, parking...
How individuals take title to real estate in Florida is critical and can lead to unintended consequences if not done correctly. Recently, one client found out that because of the way she and her boyfriend took title to their home she only received a half interest in...