According to the University of Florida Handbook of Florida Fence and Property Law: Easements and Rights of Way, Florida is one of many states that recognizes easements and rights of way. Easements grant certain individuals the right to use or enjoy the land of another...
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Year: 2019
Is my prenuptial agreement valid?
A prenuptial agreement is typically put into play to protect one party in the marriage who has more assets. If you enter a marriage where one of you has a greater amount of money, you may create this type of agreement to offer protection should you ever decide to...
What is an easement by way of necessity?
Having an easement on your property in Florida could be a burden at some point, especially if you wish to sell your property. However, there is one type of easement that may not be so easy to identify, which is important to know if you are buying property. A typical...
If I live out of state, do I need to undergo probate in Florida?
Probate court is not always a requirement: It is possible to prevent probate with proper estate planning. This could save a family from having to undergo a long and difficult court process. If your family owns property in Florida, without an estate plan your assets...
Three wills found at late singer’s home spark validity questions
It is not unusual for Floridians and people across the nation to put off the creation of an estate plan. Perhaps they do not want to think about their inevitable death. Or it could be due to a misconception that only people who have significant assets need wills or...
Dispute over beach access and use ongoing
Whether you live in Florida or enjoy spending some time in the sun during your vacation to the Sunshine State, you likely enjoy the miles of beautiful sandy beaches. But unless you're a homeowner with beachfront property, you may no longer have unlimited access to the...
Real estate litigation damages business, personal relationship
When Florida neighbors are embroiled in a dispute over real estate, it can turn contentious and evolve into a difficult situation that may lead to real estate litigation. These situations can emanate from disagreements that are major or minor. Regardless, for all...
When should you start thinking about your estate plan?
Estate planning feels like something you should do in the future, but you just are not sure when that means you really need to get down to it. You want that plan in place before you pass away, but how do you predict that? Is this something you should do after you get...
What are pretermitted loved ones in wills?
Estate planning in Florida is not always a simple. Many times, people create a document such as a will and they proceed to have long lives after the fact. This is not a bad thing. Having an estate plan is smart, especially for people who are in good health and are not...
Divorce and entitlement of proceeds when a marital home is sold
Floridians who get a divorce might be of moderate means or be in the middle of a high asset divorce. Regardless of their financial circumstances, there will be one property that has significant value and from which both sides will want a share: the marital home....