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Frequently Asked Questions |
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WHY USE A REAL ESTATE ATTORNEY? |
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Particularly in this difficult market, there are many real estate professionals who are doing all they can to “make the deal happen”. Although, this is the ultimate goal of any seller or buyer, many traps exist along the way for those who may be a bit too eager. Having the licenses of a real estate agent, mortgage broker, title insurance agent, and notary, I have worn their hats and can represent your interests as an attorney to make certain these professionals are working in your best interest as well. In this regard, I have a duty to put you first and I am not motivated by a commission to “make the deal happen” at any cost. Additionally, having those real estate professional licenses myself, I understand their challenges, motivations, and can assist in resolving issues that are ultimately their responsibility. |
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I am knowledgeable in the required fees, appropriate fees, inappropriate fees and market fees in the local area. For the cost of my legal representation, I may be able to save you the same amount (or more) than you may be charged by real estate professionals, effectively leaving you without any further cost for my representation. Additionally, you would have the piece of mind of having an attorney review your entire transaction! |
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Lease agreements and other legal documents may only be prepared by attorneys, and in some cases real estate agents. Otherwise, this is the unlicensed practice of law and a felony. |
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DO I EVEN NEED AN ATTORNEY? |
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There are many situations where you will need an attorney. I believe in an ounce of prevention is worth a pound of cure and I focus on preventative matters rather than reactive matters. I offer representation in many general legal matters and will be glad to discuss your situation at no cost to determine if I may be able to help you! |
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WHY USE AN ATTORNEY TO FORM A BUSINESS ENTITY? |
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First and foremost, is what entity in which to engage? A Corporation, whether that be a C Corp, an S Corp, a Limited Liability Company, or several others. What are the steps to do so? Who do you contact first? Your Bank? The city/county for licenses? The state? There are many obstacles that can be avoided by utilizing an attorney. If for nothing else, it saves time in the process and allows an individual the access to experienced and personal attention and questions along the way. I have encountered some who did not take certain steps in the most efficient way and it took much longer to get up and running. These obstacles may be avoided with a little assistance. I feel the most important thing to do is to adhere to the formalities in forming a business entity. |
| Whichever business entity is appropriate for you, if you do not ascribe to the rules, you may not receive the protection that you are seeking. Especially with limited liability entities, if you do not follow through with meetings, minutes, and resolutions, etc., you may be at risk for personal liability, which is the very thing, most want to avoid. |
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WHY NOT USE A WILL KIT? |
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Will kits are often not up to date with the current status of the law. Although, they may be economical, there are inherent flaws. The kits may be out of date, not specific to the state, not personalized to an individuals specific needs (such as medical needs, spousal needs, children’s needs, and various other familial needs) etc. Law is a fluid dynamic, and what may be acceptable in a software program in the respective year that it is produced, may be unacceptable even a few months later. Additionally, formalities need to be addressed to be valid, such as having it validly witnessed and notarized, among other things. For example, a notary public may not know how to properly execute the will, and often some charge up to fifty dollars or more for a “notary fee”, which is avoided by my representation, as I am a bonded notary public. Most importantly, one would have the piece of mind of having a qualified licensed Attorney in Florida oversee and produce the most applicable document for your needs. |
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AM I LIMITED TO USING ONLY A WILL? |
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No. There are other vehicles to dispose of assets other than utilizing a will. Examples are Trusts and other directives. These documents may avoid the process of probate altogether. Probate can be expensive and sometimes take years to complete. But only a qualified attorney can advise you of what process is best for your particular needs. |
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WHY DO I NEED A WILL? |
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If a will is not utilized then the state has statutory provisions that dispose of your estate. It is often not in the best interest of the individual to use this method. The estate may go to those who you do not wish for those assets to go to. It may not devise these assets in your best interests and may complicate the process of probate. I believe it is always better to plan ahead than to burden others after the fact with issues that you may never intend. This may extend from family disagreements and many other issues. I realize this is not the most pleasant of issues to ponder, but it really is the best for all involved in the long run. |
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FEES? |
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Many believe that competent legal representation is simply just too expensive. Therefore, some roll the dice, believe it is unnecessary, and that things will all work out somehow. This is particularly true in the home buying experience where it seems the real estate related fees are never ending. As mentioned previously, for the cost of my legal representation, I may be able to save you the same amount (or more) than you may be charged by real estate professionals, effectively leaving you without any further cost for my representation. Not using an Attorney before hand may prove to be a costly mistake as it is often many times more expensive to clean up legal problems after they have occurred. The best course of action is to plan ahead to avoid potential legal problems, which is almost always less expensive in the long run. Surprisingly, legal representation can be very affordable, and it is well worth avoiding legal headaches later. Unlike many firms, I list my fees up front, so you can have a good idea of what my services will cost you. |
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