The Edwards Law Firm, PL

12/25/2022

10/17/2022

Summary administration is a faster and cheaper type of probate administration known in other states as “small estate” administration. An estate containing less than $75,000 in non-exempt assets OR one that belongs to a decedent that passed away more than two years ago is eligible for summary administration.

A summary administration is more simple than a formal administration and generally is a less expensive method of administering a decedent’s assets. One of the most common uses of a Summary Administration is in conjunction with the filing of a Petition to Determine Homestead. Since a Florida Resident’s homestead is not considered a probate asset, it is not included in the calculation of the size of the estate in the determination of whether a Summary Administration can be used. While a formal administration can take 6-12 months or more to complete, a summary administration of an estate without creditors can be completed in as little as a week.

However, a summary administration is not appropriate in all instances. A summary administration cannot be used if the value of the assets subject to administration is more than $75,000 and cannot be used if the appointment of a personal representative is needed to handle the legal or business matters on behalf of the estate. If you have questions about whether a summary administration is appropriate to administer the estate of your loved one, please call our office at (941) 363-0110 to speak with one of our experienced probate attorneys.

10/11/2022

There are many wide-ranging legal issues after a hurricane devastates a community. There is typically loss of utilities, damage to landscaping, flooding and other minor inconveniences that nearly everyone experiences. But what happens when you are a landlord of a rental property that is occupied by tenants? What are the landlord’s legal obligations to the tenant and what are the landlord’s rights related to access for the purpose of making repairs?

These issues will typically be governed by Chapter 83, Florida Statutes and the parties’ lease agreement. Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed.

But what happens when there is damage and repairs need to be made but the tenant is uncooperative in allowing the landlord’s contractors to access the Property? Under Section 83.51, Florida Statutes, The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

Under Section 83.53, Florida Statues, the tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The landlord may enter the unit AT ANY TIME for protection or preservation of the premises and may otherwise enter the dwelling unit upon reasonable notice to the tenant (at least 24 hours prior to entry) and at a reasonable time (between 7:30am and 8:00pm) for the purpose of repair of the premises.

If you are a landlord and have questions about your rights and responsibilities related to your hurricane-damaged rental, please call (941) 363-0110 to schedule an appointment with one of our experienced real estate attorneys.

10/05/2022

YLD Disaster Legal Services Hotline

FEMA LEGAL ASSISTANCE HOTLINE 866-550-2929
The Florida Bar’s Young Lawyers Division has activated the Disaster Legal Services Hotline at flayld.org/FEMA to answer legal questions from impacted hurricane victims on a pro-bono basis, in
conjunction with the ABA’s Young Lawyers Section and Federal Emergency Management Agency at 1-866-550-2929. The service provides qualifying residents with storm-related legal help across a
range of topics including securing FEMA and other benefits; assistance with life, medical, and property insurance claims; help with home repair contracts and contractors; replacement of wills and other important legal documents destroyed in the storm; assistance with consumer protection matters; and counseling on landlord/tenant problems.

Counties covered under the disaster declaration include Charlotte, Collier, DeSoto, Flagler, Hardee, Hillsborough, Lee, Manatee, Orange, Osceola, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, and Volusia Counties.

Dear Florida Lawyer: As we approach what likely will be a very active hurricane season, we’ve begun preparations for opening The Florida Bar Young Lawyers Division Disaster Legal Services Hotline. After a hurricane hits, many people need simple advice about how to get their life back in order. All...

09/21/2022

https://www.edwards-lawfirm.com/blog/2022/september/do-you-need-to-update-your-will-when-you-move-to/

When you move to Florida, it is a good practice to have your will reviewed and updated by an attorney. Our wills, trusts and estates attorneys explain why in our latest blog.

08/29/2022

Our lead attorney, Sheryl A. Edwards was recently honored by SRQ Magazine as an Elite Top Attorney in the area of Real Estate. If you have a legal issue that requires the skill and experience of a Board Certified Real Estate Attorney, please give us a call.

07/20/2022

Fees on Condominium and Homeowners' Association Estoppel Letters are capped by statute. Prior to July 1, 2022, an Association could charge no more than $250.00 for an Estoppel Letter.

However, starting on July 1, 2022, the cap on an Association Estoppel letter was increased to $299.00. This cap will remain in place for 5 years until it can be adjusted again on July 1, 2027.

09/08/2020

We are proud to announce that our lead attorney, Sheryl A Edwards, has been selected to SRQ Magazine’s 2020 List of Elite Top Real Estate Attorneys!

04/30/2020

Can't agree what to do with co-owned property?

There are many different ways that co-owners of property in Florida may acquire their interests, the most common of which is when a husband and wife purchase property together. However, in today’s modern society, we see unmarried couples (i.e. boyfriends and girlfriends, unmarried same s*x partners) purchase property together and also regularly see children inherit property from their deceased parents making them co-owners with their siblings. However, couples often split up and siblings often disagree about what to do with jointly owned property.

In situations involving disagreements about property jointly owned by a husband and wife who are splitting up, the dispute is typically handled in the divorce action. However, in disputes about co-owned property between unmarried owners that cannot be resolved through negotiation, a different type of action known as a “partition action” is required.

An action for partition is a type of lawsuit that can be filed by any co-owner asking the court to order a sale of the property when it is impossible or impractical to physically divide (i.e., a single family residence or condominium). In either case, all co-owners of the property will be parties to the partition lawsuit.

In the partition action, the court typically will order an accounting so that the amounts each owner has paid for mortgage payments, taxes, insurance, utilities, association dues and other maintenance expenses are calculated. The court will also order that the property be sold at a public or a private sale and will equalize any imbalance in the payment of property maintenance expenses and mortgage payments paid by one owner over another. Depending on the circumstances, the Court may also order an allocation of the attorney’s fees and costs incurred to file the partition action between the co-owners.

If you and other owners of a property cannot agree whether to sell the property or keep it, call our office today at (941) 363-0110.

04/03/2020

Drive-thru Will Signings

At The Edwards Law Firm, PL, we have developed a procedure to help you execute a new will or update your old one from the safety of your vehicle. We can draft your documents in advance after receiving your instructions by phone or email. When your will and other documents are ready to be executed, we will witness and notarize your documents in our office parking lot while you stay in your vehicle. Call us at (941) 363-0110 with any questions or to schedule an appointment for your Drive-thru Will Signing!

01/23/2020

Consumer Fraud Alerts | Sarasota County Clerk

Protect your property ownership today and sign up for the new service with the Sarasota Clerk's office. You will receive automatic notification whenever any document is recorded in the Official Records under your name.

Property and mortgage fraud is considered the fastest growing white-collar crime in the United States. By filing fake deeds, scammers appear to own property, and can fraudulently rent or sell the property without the knowledge of the true owner. Your Sarasota County Clerk and Comptroller wants to he...

01/14/2020

20 Contract Preparation Tips for 2020

Tip #4 - Avoid overlapping contingencies - in order to make your Buyer's offer look the most attractive to a Seller, avoid overlapping contingencies. For example, instead of having the general inspection contingency in the As-Is contract, and adding a contingency for attorney review, and adding a mold inspection contingency and an insurance contingency, you should consider that the general inspection contingency in the As-Is contract allows your Buyer to cancel for any reason.

Thus, instead of having a separate contingency for each issue, just use the general inspection contingency and make the inspection period long enough so that you can have your attorney review, your general inspection, your mold inspection, your insurance shopped within that period of time. If one of the inspections causes your Buyer to want to cancel the contract, you are able to do so with the general inspection contingency in paragraph 12.

01/09/2020

20 Contract Preparation Tips for 2020

Tip #3 - Fill in the Blanks - When you are representing the buyer and are completing the form contract, fill in all the blanks, even if you insert the default provision. For example, in the Inspection Period paragraph, insert the number "15" in the blank, even though the default inspection period is the same. When you fill in the blank with the number "15", if the seller wants to shorten the inspection period, they will be required to cross out "15", write the number of days for the shorter period then initial the change.

If the number of days is left blank and the seller wants to shorten the inspection period, often we see the seller simply insert the shorter number of days and not initial the change.

By completing all of the blanks in the contract, you avoid confusion and misunderstanding and eliminate ambiguity in the contract because all contract amendments can more easily be tracked.

01/03/2020

20 Contract Preparation Tips for 2020

Tip #2 - Addenda Section of Contract - In the "Addenda and Additional Terms" Section of the Contract, be sure to check the box for every addenda you are adding to the original Contract. Often, when we receive a contract to prepare for a real estate closing, we see that there are boxes checked with no addenda attached, or addenda attached to the Contract where the corresponding box is not checked.

If a dispute arises between the buyer and seller and the checked boxes do not match the addenda attached to the Contract, it creates a Contract ambiguity which will make the dispute resolution a bit more difficult (either during informal settlement discussions or during litigation).

01/02/2020

20 Contract Preparation Tips for 2020

Tip #1 - Choice of Contract - As a buyer's agent, you generally have the choice of which contract form to choose: the FAR/BAR "AS-IS" Contract or the FAR/BAR Residential Contract for Purchase and Sale with repair limits.

If you want to provide your buyer with the flexibility to cancel the contract for issues found in the inspection (or for any reason or no reason whatsoever), choose the AS-IS contract.

If the subject property is a newer property or if you want to assure that the seller will be obligated to repair issues identified in the inspection, choose the contract with repair limits.

In my practice, when representing a buyer, I prefer the use of the AS-IS contract. It provides the flexibility to cancel the contract or renegotiate the transaction with the seller if issues are identified in the inspection period.

07/01/2019

Effective July 1, 2019, the Florida Legislature has amended the law relating to the Documentary Stamp Taxes to be paid on Deeds between married persons. Previously, Doc Stamps were due on any Deed between married people except when the transfer was of a homestead property made in conjunction with a dissolution of marriage action. Now, married people can freely transfer homestead property (add a spouse to an existing homestead, remove a spouse from homestead) without triggering the payment of Doc Stamps on the transfer.

07/01/2019

The Edwards Law Firm, PL's cover photo

02/15/2019

The Edwards Law Firm, PL. Sarasota Real Estate Attorney

Attorney Sheryl Edwards of The Edwards Law Firm, PL in Sarasota has been chosen as a 2019 Super Lawyers® member, marking it her sixth consecutive selection. Visit our blog to learn more about this exciting achievement:

Are you considering a consult with an estate attorney? Contact The Edwards Law Firm, PL. today and speak with an attorney with over 23 years of experience in real estate and estate planning law. Through personal attention and unique case strategies, you can rest assured you will be in the best hands...

11/29/2018

The Edwards Law Firm, PL. Sarasota Real Estate Attorney

We have just added a new feature to our website which allows you to estimate closing costs in your real estate transaction. https://www.edwards-lawfirm.com/closing-cost-calculator/

Are you considering a consult with an estate attorney? Contact The Edwards Law Firm, PL. today and speak with an attorney with over 23 years of experience in real estate and estate planning law. Through personal attention and unique case strategies, you can rest assured you will be in the best hands...

10/10/2018

Probate Process

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/

Key legal issues to consider when making a will

10/10/2018

www.myfloridacfo.com

Choose a Real Estate Lawyer to close your next transaction and provide your title insurance policy.

https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/documents/TitleInsurance.pdf

10/10/2018

10 Things You Must Do Before Buying a New Construction House

https://realestate.usnews.com/real-estate/articles/10-things-you-must-do-before-buying-a-new-construction-house

Don't sign on the dotted line until you research the neighborhood and learn about the builder.

08/15/2018

Hurricane Property Tax Relief - New Statute

The 2018 Legislature created section 197.318, F.S., to provide an abatement of property taxes, by a refund, for homestead residential improvements made uninhabitable from damage or destruction by Hurricane Hermine, Matthew or Irma. The legislation provides that a claim for property tax abatement is waived unless a property owner files a sworn application with the property appraiser by March 1, 2019. These amendments are effective March 23, 2018, are retroactive to January 1, 2016, and expire January 1, 2021.

The legislation sets forth detailed definitions and specific steps that must be applied in evaluating and processing an application for abatement. The abatement requires that a property owner file a sworn application with the property appraiser by March 1, 2019. If this application is not made, the claim for abatement is waived.

If the property appraiser denies an application for abatement, the property owner may file a petition with the Value Adjustment Board seeking a review of the decision.

06/27/2018

In Florida, many people own second homes or investment properties and use the same for vacation, seasonal residency or to generate rental income. In our practice, property owners often seek our assistance to regain possession of their property either from a delinquent tenant, a guest who has overstayed their welcome, a family member who "just needs a place to stay to get back on their feet", an estate beneficiary who has taken sole possession of an inherited property at the expense of the other beneficiaries or a live-in boyfriend/girlfriend after the termination of a romantic relationship. Under Florida law, there are various legal theories for the removal of each of these unwanted occupants.

In any case where the occupant pays rent to the property owner, an action for eviction of a residential tenant must be initiated under Chapter 83, part II, to have the occupant removed. Once the occupant pays rent to the property owner, a landlord-tenant relationship is formed. It is irrelevant whether there was an intent to establish a tenancy and is irrelevant whether there is or is not a written lease. If any type of periodic rent is collected, the property owner must file an eviction action in county court to have the occupant removed from the property.

If rent is not collected and a guest has been an occupant for a very short while (i.e, an overnight or weekend guest) and they have overstayed their welcome, the guest has committed an unlawful detainer. Since the overnight guest's occupancy is seen as being transient, a property owner looking to remove the now unwanted guest can simply execute an affidavit establishing 8 criteria relating to the lack of permanency of the unwanted guest's occupancy. Any law enforcement officer, when presented with the sworn affidavit, can be called to have the transient occupant removed from the property. If the transient occupant refuses to vacate, he or she can be charged with misdemenanor trespass, purusant to Section 810.08, Florida Statutes.

If rent is not collected and a guest's occupancy has become more permanent in nature (i.e., family member who has stayed for a few weeks or months to "get back on their feet" or live-in boyfriend/girlfriend) and the occupant has established some semblance of permanent occupancy (i.e., receives mail at the property, pays utilities or other household expenses, has listed the property address on a driver's license), the property owner must file an unlawful detainer action in county court to have the occupant removed.

If a property owner seeks to have a person or persons removed from property where the occupant asserts that he or she has any type ownership claim to the property (i.e., claim as estate beneficiary, occupancy by one who has a contract right to purchase the property), the property owner must file an action for ejectment in circuit court to have the court eliminate the occupant's ownership claim and have the occupant removed from the property.

In any of these instances, a property owner should not simply change the locks or take any other self-help measures to remove the unwanted occupant. If the property owner does so, he or she will be faced with a claim for unlawful ouster or retaliatory eviction subjecting the property owner to a claim for damages by the unwanted occupant.

Retaking possession of a property can often be tricky and complicated. If you are looking to remove an unwanted guest or other occupant from your property, call us at the Edwards Law Firm for assistance.