Author Archives: Larry Bray
What To Do When You’re Facing Deadlines In Your Real Estate Contract
If you take a look at your real estate contract, you will notice that a number of deadlines need to be met, before closing can happen. There are deadlines for surveys, for inspections, for loan approvals, for notices, and for a handful of other events. But what happens when a deadline can’t be complied… Read More »
Consider A 1031 Exchange If You’re Buying Or Selling Real Estate
It’s no secret that buying and selling properties can be very profitable. Many people make good money buying properties, improving on them, perhaps renting them out for a bit, before selling them at a profit. But many people who do this kind of real estate investing forget one thing: Income. Government Wants Its Piece… Read More »
Probate Court And Your Homestead Property
You may have already known that Florida has one of the strongest protections for homestead property of any state in the nation. With certain exceptions, the entirety of the equity in your homestead is protected from creditors—absent an actual mortgage or security agreement, a creditor cannot take your homestead property to satisfy a debt…. Read More »
Reformation Of Wills And Trusts In Florida
We have, in the past, written about the many ways that someone could challenge a will or trust. But there is another way to challenge a will or trust, in addition to the more common allegations of fraud, undue influence, coercion or duress: A simple mistake. Errors in Estate Documents Trusts, and more recently… Read More »
What Is A Quiet Title Lawsuit?
When you purchase property, a complete title search will be done. That title search ensures that whoever is selling the property to you, actually owns the property, and thus, can legally transfer the title to you. This is done by looking into a number of sources, but mostly through public records searches. The search… Read More »
Who Needs A Real Estate Survey? You Do, If You’re Buying Property
During the closing process, you may hear that your property needs to be surveyed. Many of us already know that a survey measures the boundaries of your home. That may seem a bit redundant or even useless—after all, there are no border disputes on the property, and nobody is arguing about where your property… Read More »
Understanding Mental Incapacity When Drafting Estate Documents
One way that many wills and estate plans are often challenged, are through the allegations that whomever drafted the estate plan or amendments to it, lacked the mental capacity to do so. People must be mentally competent to make changes to a will or estate plan, or to draft estate documents in the first… Read More »
Could You Lose Your Home To A Trespasser?
Did you know that it is legally possible for you to lose your home, without ever selling it, or having it foreclosed on, or taken by creditors? It’s called adverse possession, and although rare, it does happen, and it can result in you losing your property rights. How Does Adverse Possession Happen? Adverse possession… Read More »
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 »
