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Thursday, August 8, 2019

What Is the Probate Process in Florida and How Does it Work?

When someone passes away, they often leave many of their assets to family members and close friends. Unfortunately, they also often leave debts and other obligations. How is this handled?

Probate is the legal process used for identifying the assets of a specific decedent’s estate and then using those to pay debts or obligations that are still owed at the time of death. Once these have been paid out, the remaining assets are distributed to the beneficiaries of the deceased’s will, or if they die without a valid will (intestate), then in accordance with Florida’s laws. 

Opening the Estate in Florida Probate

The process of Probate begins when either the representative named in the deceased’s will or one of its beneficiaries notifies the court that there is a need to open and process the estate.
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Monday, July 15, 2019

Security Deposits and Eviction: What Every Florida Tenant Should Know

With 13.3% of the more than 20 million individuals who reside in Florida renting their place of residence, Florida has one of the largest populations of renters in the country. That is why it is so important for the tenants to understand some of the most important basics of Florida real estate law. Here are just a few. 

Can my landlord really charge that much for a security deposit?

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Friday, June 21, 2019

Laws Every Landlord Should Follow

When you are leasing your property out to someone, it is important that you have your tenants sign a lease or rental agreement in order to protect yourself. It is equally important to ensure that all terms and obligations (as well as the rights of both the landlord and the tenant) are clearly laid out within the lease. However, state law under the Florida Residential Landlord Tenant Act, always overrides the contract. That is why it is in your best interest as the landlord to familiarize yourself with the Florida Landlord Tenant Laws in order to be sure that your lease doesn’t contradict what the state law says. Additionally, there are certain laws that you should always follow as a landlord.
Read more . . .

Monday, May 20, 2019

Unmarried Couples and Estate Planning: Things to Consider

Estate planning is a process that involves the legal structuring of the disposition of one's assets. All couples, whether married or unmarried, should participate in the estate planning process. In fact, estate planning is particularly important for unmarried couples, as they have less legal protection than married couples.
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Friday, April 26, 2019

Zoning Laws: Purposes & Disputes

Zoning laws, while obviously designed with important purposes in mind, are not as consistent as one might expect. Although some suburban or even urban communities, usually those with very expensive homes, may be clearly separated from anything remotely connected to business or industry, others, usually those with low-income homes, are often dotted with various non-residential entities, such as auto repair shops, grocery stores, bars and factories.

The underlying purpose of zoning is to separate different types of real estate that are thought to be incompatible in order to  preserve their appearance and value and to encourage what seems to be the most appropriate use of the land in question. If you are involved in a zoning dispute, it is essential to have a Read more . . .

Thursday, March 14, 2019

Common Florida Probate Questions

The probate process in Florida can be extremely complicated. In fact, probate can be a source of great confusion and frustration for those who are unfamiliar with its intricacies. In order to help you understand how probate in Florida works, below are answers to some common probate questions.  

What is probate?

Probate is the process by which a court identifies and gathers the assets of a deceased individual, uses such assets to pay his or her debts, and distributes remaining assets to beneficiaries of the decedent. Probate resolves a decedent’s financial affairs and ensures that his or her beneficiaries inherit assets that they are entitled to.
Read more . . .

Tuesday, February 5, 2019

Bankruptcy and Marriage: Issues to Consider

In Florida, married couples may either file for bankruptcy jointly or separately. When a couple files for joint bankruptcy, the debts and property of both spouses are combined. Below are some issues to consider regarding bankruptcy and marriage. 

  • Type of debt – When determining whether to file for bankruptcy separately or jointly, the type of debt held may be the most important factor to consider. The joint bankruptcy process allows married couples to eliminate all of their dischargeable debts.
    Read more . . .

Thursday, January 17, 2019

An Overview of the Florida Foreclosure Process

In Florida, all lenders are required to go to court in order to initiate the foreclosure process. To begin the process, a lender must file a lawsuit in the circuit court of the county where the property is located. However, the filing of the lawsuit is just the beginning of the process. Below is an overview of how the foreclosure process proceeds in Florida.


Summons, complaint, and lis pendens

As noted above, the foreclosure process is initiated when a lender files a complaint with the court.
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Monday, December 10, 2018

Common Real Estate Title Problems in Florida

Title refers to the legal ownership of a piece of property. And while most real estate transactions are free of title problems, complications do occasionally arise. Below are some common real estate title problems encountered by the purchasers and sellers of property in Florida.

  • Easements – Easements are limited third-party property rights, and they can affect an individual’s control of his or her property. However, easements are not always disclosed to property purchasers, making it imperative that they are sought early in the home purchasing process.
    Read more . . .

Monday, November 5, 2018

What is a Power of Attorney?

A Florida power of attorney is a legal document that gives one individual (the agent) the authority to act on behalf of another individual (the principal). A Florida power of attorney can grant broad or limited powers to an agent. A power of attorney often grants an agent the ability to complete financial transactions for the principal, such as selling property and purchasing stocks.


In Florida, a power of attorney must be signed by two witnesses and the principal.  In addition, in order to create a valid power of attorney in Florida, a notary must acknowledge the principal’s signature. There also may be additional requirements depending on the type of power of attorney created, as there are three primary kinds in Florida: general power of attorney, limited power of attorney, and durable power of attorney.

General power of attorney

As noted above, there are different types of powers of attorney in Florida. One such version is the general power of attorney. A general power of attorney grants an agent the authority to perform most legal acts on behalf of a principal. However, the powers granted must be specifically listed in the document.

Read more . . .

Monday, October 8, 2018

Questions to Ask Your Prospective Estate Planning Attorney

Before choosing an estate planning attorney, it’s always a good idea to have an initial conference. During your initial conference, your prospective attorney will ask you questions about your situation and determine the ways in which he or she may be able to assist you. In addition, the initial conference is your opportunity to ask questions and determine whether he or she is the right fit for you. Below are some questions to ask your prospective estate planning attorney during your initial conference.

“Is estate planning one of your main practice areas?” 

This question is important depending on the type of work you need done. For example, if you only need a simple will or power of attorney, then an attorney who specializes in estate planning may not be necessary. However, if you’re dealing with a complicated financial or family situation or a taxable estate, then it is probably a good idea to work with an attorney whose primary area of practice estate planning.

Read more . . .

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The Law Office of Jeffrey A. Herzog, P.A. assists clients in Florida, including North Pinellas County, Palm Harbor, Trinity, West Pasco County, and the surrounding areas.

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| Phone: (727) 789-4000
1805 Cypress Brook Drive Suite 102, Trinity, FL 34655
| Phone: (727) 789-4000

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