The death of a parent can be devastating. But while you are working through the emotions of this new chapter in your life, the last thing that you feel like doing is dealing with the confusion of their estate – especially if it goes to probate.

Probate is a legal process that settles an individual’s estate by a court-appointed executor. Probate can prove to be a lengthy and expensive process, sometimes even lasting years at a time. 

Can you avoid probate?

If an executor can prove that all of your parent’s debts have been paid by their estate and there are no significant debts that remain, probate may possibly be avoidable.
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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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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?

Yes.
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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.
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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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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 . . .

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.
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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.
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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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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.
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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.

Requirements

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.

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