Frequently Asked Questions — Florida Real Estate, Business & Estate Planning Law

While Florida law does not require you to have an attorney present at a real estate closing, it is strongly recommended. Real estate transactions involve complex legal documents, title searches, and potential issues that can have significant financial consequences. An attorney can review the purchase agreement, identify problematic contract terms, examine the title for liens or encumbrances, ensure all documents are properly executed, and protect your interests throughout the closing process.

A title review is a thorough examination of the public records related to a piece of real property. The purpose is to verify that the seller has clear and marketable title to convey to the buyer. The review traces the chain of ownership, identifies any outstanding mortgages, liens, judgments, easements, or encumbrances that could affect the property. It also checks for any unresolved legal issues such as pending litigation, unpaid taxes, or boundary disputes. A clean title review is typically required before a title insurance policy can be issued.

Title insurance protects property buyers and lenders against financial loss from defects in title that were not discovered during the title search. In Florida, most lenders require a lender's title insurance policy. An owner's policy, while optional, provides important protection against future claims or disputes regarding property ownership. Given the potential financial exposure, title insurance is generally recommended for all property purchasers.

Common real estate disputes in Florida include boundary and property line disagreements, title defects discovered after closing, disputes over easements or rights of access, breach of contract claims between buyers and sellers, construction defect claims, landlord-tenant disputes, homeowners association conflicts, and issues related to property disclosures where the seller failed to reveal known defects.

The best business entity depends on your specific circumstances, including the number of owners, desired management structure, tax considerations, and liability concerns. Limited liability companies (LLCs) offer flexibility and personal asset protection. Corporations provide a formal governance structure and may be preferable for businesses seeking outside investment. Partnerships may suit professional practices or joint ventures. An attorney can evaluate your goals and recommend the structure that best serves your needs.

While Florida law does not require an LLC to have a written operating agreement, having one is strongly recommended. An operating agreement establishes the rights and responsibilities of members, outlines management procedures, addresses profit and loss distribution, and provides procedures for adding or removing members. Without an operating agreement, the default provisions of Florida's LLC statute will govern your company, which may not align with your intentions.

A well-drafted business contract should clearly identify the parties, define the scope of work or services, establish payment terms and timelines, address warranties and representations, include provisions for dispute resolution, specify governing law and jurisdiction, and outline remedies for breach. Having an attorney review contracts before signing can help identify problematic terms and protect your business interests.

Consider consulting a business attorney when forming a new business, entering into significant contracts, bringing on partners or investors, purchasing or selling a business, facing disputes with partners or vendors, dealing with regulatory compliance issues, or planning for business succession or transition. Early legal guidance can often prevent costly problems down the road.

Estate planning involves creating legal documents to ensure your assets are distributed according to your wishes after your passing and that your affairs can be managed if you become incapacitated. Without an estate plan, Florida's intestacy laws determine how your property is distributed, which may not align with your wishes. A proper estate plan can also help minimize estate taxes, avoid probate, and provide for the care of minor children or dependents.

A will is a legal document that directs how your assets should be distributed after death, but it must go through probate — a court-supervised process that can be time-consuming and costly. A trust, particularly a revocable living trust, allows you to transfer assets during your lifetime and designate how they should be managed and distributed, often avoiding probate entirely. Trusts also provide greater privacy, as probate proceedings are public record while trust distributions are not.

Probate is the court-supervised process of administering a deceased person's estate. In Florida, probate involves validating the will, appointing a personal representative, identifying and inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. The process can take several months to over a year depending on the complexity of the estate. Proper estate planning can often help minimize or avoid the probate process entirely.

Advance directives are legal documents that allow you to make decisions about your healthcare and financial affairs in advance, in case you become unable to make those decisions yourself. In Florida, key advance directives include a durable power of attorney (for financial matters), a healthcare surrogate designation (appointing someone to make medical decisions on your behalf), and a living will (expressing your wishes regarding end-of-life medical treatment).