Author Archives: jay@milemarkmedia.com
What Happens When Corporate Bylaws Conflict With Your Estate Documents?
A business is property, and because it is property, it is part of your estate when you pass on. Like any property it can be left in a will, or as part of a larger estate plan. But businesses are also unique from other assets that may be part of your estate, in that… Read More »
Using A Life Estate To Avoid Probate
When we transfer real property, we often think of it in terms of just buying or selling. But there are other forms of transferring your property which can have a benefit to you now as well as after you pass. One way, which can also help you avoid probate, is the “life estate.” Splitting… Read More »
More And More Buyers Are Backing Out Of Real Estate Contracts
Although the real estate market is still hot, there are signs of slowdowns. One such sign is the rate at which people are canceling their home purchase contracts. According to a recent article, that rate is on the rise. Numbers Show Increases According to the Sun-Sentinel, just over 20% of pending home sales were… Read More »
What Is An Action For Ejectment?
If you own property that someone else rents, and they do not pay the rent, you can evict them for nonpayment, or for violating the terms of the lease. But often someone is in our property, when there is no actual lease. They may have been on or in your property, at first, with… Read More »
What Does It Mean To Lack Capacity?
Imagine this happens: You expect to get an inheritance from a will. You know that the deceased was losing focus in the last years or months of his or her life; he or she may have shown some cognitive decline, and may even have had trouble taking care of his or her affairs. Then… Read More »
Situations Where You Really Should Have A Real Estate Attorney
Real estate attorneys can be a huge help when you are buying or selling a home. Even the “easiest” closing can encounter unexpected hurdles or obstacles. But there are some situations that should tell you, from the very start, that there’s a good chance you will need a real estate attorney. These situations don… Read More »
What Does A Real Estate Agent Have To Disclose To The Buyer?
Let’s say that you are selling your property. No property is perfect; every piece of real estate has some little quirk or problem that needs attending to. But when you sell a home do you have to disclose every little potential problem to the buyer? What has to be disclosed? Standard Disclosures Aren’t Enough… Read More »
Easements And Your Real Estate Closing: Should You Worry?
When you think of things that could go wrong during your real estate closing, you may think of liens that have to be paid off, or code violations. But what about easements? If your real estate attorney mentions that property you are burying may be subject to an easement, that may be a concern… Read More »
Signs Of Undue Influence In Estate Planning
When challenging a will, trust, state plan, or bank account designation, one major way that people will challenge it, is “undue influence”. This is where someone else exerts pressure or influence that is so great, the person making the will is essentially coerced into making the changes that the other person wants-changes that usually… Read More »
Dying Without A Will: What Happens To Your Stuff?
The surest way to avoid people fighting over your property when you pass on, is to have a will and estate plan, and make sure they are done correctly. However, that doesn’t always happen, and many times people pass without having any will at all. That can often lead to fighting amongst relatives, but… Read More »
