Frequently Asked Questions

Estate planning involves creating legal documents that outline your wishes regarding asset distribution, healthcare decisions, and guardianship after your death. It ensures your estate is managed and distributed according to your wishes, reduces the risk of family disputes, and helps minimize taxes and legal fees.

A comprehensive estate plan typically includes: Last Will and Testament – Specifies how your assets will be distributed. Living Trust – Helps avoid probate and provides more control over how assets are distributed. Durable Power of Attorney – Appoints someone to manage your financial affairs if you become incapacitated. Healthcare Surrogate and Living Will – Appoints someone to make medical decisions on your behalf and outlines your healthcare wishes. Designation of Preneed Guardian – Names a guardian for your minor children in the event of your incapacity.

Whether you need a will, trust, or both depends on your situation. A will is simpler but goes through probate, whereas a trust can avoid probate and offer more control over how assets are distributed. We can help you decide based on your estate’s size and goals.

If you pass away without an estate plan, Florida’s laws of intestate succession will determine how your property is distributed. This could result in family disputes and higher legal costs. Having an estate plan ensures your wishes are honored.

You should review and possibly update your estate plan every 3 to 5 years or after significant life events such as marriage, divorce, the birth of a child, the acquisition of new assets, or a major change in health.

Probate is the legal process that takes place after someone passes away. It involves validating the deceased person's will, settling debts, and distributing assets to beneficiaries. In Florida, the probate process typically involves: Filing the will with the court, Appointing a personal representative to handle the estate, Notifying creditors and paying outstanding debts, Distributing assets according to the will (or Florida’s intestate laws if there is no will). Probate can take several months or even years, depending on the complexity of the estate, and can be costly due to court fees and legal expenses.

There are several strategies to avoid probate, which can save time, money, and reduce the stress on your loved ones: Establishing a Living Trust – Assets placed in a revocable living trust are not subject to probate. Joint Ownership – Property held in joint ownership with rights of survivorship automatically passes to the surviving owner. Beneficiary Designations – Certain assets like life insurance, retirement accounts, and bank accounts can be set up with named beneficiaries, which allows them to transfer directly to the beneficiary without going through probate. Gifting – Giving assets away during your lifetime can reduce the size of your estate and avoid probate. By planning ahead, you can structure your estate in a way that minimizes or eliminates the need for probate.

Buying a home in Florida involves several steps: Offer and contract – Once an offer is made and accepted, a formal contract is drafted. Title search and inspection – A title search is conducted to ensure there are no liens, and the property is inspected for issues. Closing – On the closing date, you’ll sign documents, pay closing costs, and officially take possession of the property. We can guide you through each step to ensure a smooth transaction.

Title insurance protects you from financial loss if there are any issues with the title of the property, such as unpaid property taxes or unknown liens. In Florida, title insurance is highly recommended to protect your investment.

While it’s not mandatory to have an attorney involved in every real estate transaction, having legal representation can help protect your interests. We can assist with reviewing contracts, resolving title issues, and ensuring compliance with Florida’s real estate laws.

Disputes between landlords and tenants can arise over issues like lease violations, security deposits, or eviction processes. Florida law outlines specific procedures for resolving these matters, and we can provide guidance or representation to ensure your rights are protected.

Eviction in Florida generally requires the landlord to provide a written notice, file an eviction lawsuit if the tenant does not comply, and obtain a court order. It’s important to follow the proper legal steps to avoid complications, and we can assist with navigating this process.

A deed is a legal document that transfers ownership of real property from one party to another. There are several types of deeds, including warranty deeds and quitclaim deeds, each offering different levels of protection. It’s important to have an attorney prepare deeds because they must be properly drafted and executed to ensure they are legally valid. An attorney can ensure that the deed accurately reflects the intent of the parties involved, that all necessary legal requirements are met, and that the transfer of property is free from potential issues like title defects or future disputes. Having an attorney review or prepare deeds provides peace of mind and helps avoid costly mistakes down the road.

The right structure depends on factors like liability protection, taxes, and business goals. Common types include: Sole Proprietorship – Simple but offers no liability protection. Partnership – Shared ownership, but partners are personally liable. Limited Liability Company (LLC) – Provides liability protection and tax flexibility. Corporation – Suitable for larger businesses, offering strong liability protection but with more regulations. We can help you determine the best structure based on your specific needs.

Forming a business in Florida involves choosing a business name, registering with the Florida Division of Corporations, obtaining necessary licenses, and, if applicable, applying for an Employer Identification Number (EIN) from the IRS. Depending on your structure, you may also need to file Articles of Incorporation or Organization.

As a business owner, you must comply with local, state, and federal laws, which may include: Filing taxes, Maintaining proper business licenses and permits, Following employment laws (if you have employees), Keeping accurate financial records.

The best way to protect your business from liability is by choosing the right legal structure (like an LLC or corporation), obtaining proper insurance, creating solid contracts, and following compliance regulations.

Yes! We can assist with resolving disputes with partners, customers, employees, or other businesses.