Real Estate

Hazard Insurance: Can’t live with it, can’t live without it

It’s already peak season for storms this year. We’ve been lucky so far, but it’s time to think about hazard insurance on any Florida real you are now responsible for due to a recent inheritance. Where real property is being managed by the Personal Representative of a Florida estate, that person is often faced with… read more

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Death of a Seller versus Death of a Buyer

In most cases there is some lapse of time between the signing of a real estate transaction contract and the actual sale (the “closing”). What happens if, during this period, one of the parties to the contract dies? Surprisingly, the results depend on who dies. If a seller dies, usually the buyer has the right… read more

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Another change for the Florida chameleon: Homestead

No tears were shed this year when the Florida Legislature finally – after far too many years – revised that portion of the homestead law that competed for the “worst idea” among all Florida laws. That would be sec. 732.401, F.S.., which stated that if the homestead were owned only by the married person who… read more

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Don’t Wait to Sell that House

In ancient days, 25 years ago, many title insurance underwriters believed that an executor (personal representative) needed to get past the creditor period (3 months) before he or she could validly sell real property owned by a decedent. Those days are gone, and for non-homestead property, all an executor needs is either an order approving… read more

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Has Electronic Filing Made Probate Faster?

Electronic filing has made probate faster in some counties, but not so in others. Florida probate courts have had electronic filing for a couple of years now, so has it made the process of getting probate orders needed for real estate sales, faster or slower? Since we practice statewide and file in most counties, we… read more

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Finally, a book to recommend

People often ask us if we can recommend estate administration or estate planning services, software or books, and we’ve been looking, honestly. Sadly, the answer is usually “no.” Florida law has just enough oddities that anything written for a national audience almost always fails to spot all the places where Florida law differs. But we’re… read more

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Florida : “Entirety” = Fewer Probates

Rarely is Probate Needed for Florida Property when one spouse dies. The general rule in Florida is that, even if the deed does not identify two owners as husband and wife, if they are indeed legally married most likely the couple owns the property as “tenants by the entirety” (TBE). TBE ownership means that no… read more

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