If you’re new to the home buying process, or have simply never used a real estate attorney before, you may be wondering… what does this type of attorney do, anyway? The deals you’ve observed in the past may have been completed without the aid of a designated real estate lawyer… but in reality, there is a better way to do it. Having a real estate attorney on your side can help you achieve the best possible outcome—a new (or newly sold) home—with the least amount of contract confusion and back and forth legal processes.

This time should be spent getting excited about moving into a new home, not worrying about the legalities of a sale or the complex laws of your state. Leave that to us! Here are just a few of the great benefits that come with using a designated real estate attorney:

Better access to title agencies

As you may know, the role of a title agency is to ensure that the home you’re thinking about buying or selling is legally allowed to be bought or sold. Without a title agency, you may not know about potential legal blocks in your deal, like the presence of liens (a type of security interest) or other encumbrances that can slow down, halt or nullify the sale of a home.

Working with a real estate attorney can improve your access to title agencies and make the process that much quicker and easier. Working with Fred B. Share is doubly beneficial, since we have our own title agency, Waterside Title Co., right here in house—thus eliminating the need for you to run around town looking for legal documents and assistance!

Stress free navigation of tricky contracts

Contracts can be confusing and often misleading, even to the well-trained eye. Don’t feel like you must tackle the contract and negotiation process all by yourself! We can help you negotiate and find crucial points or conditions in your contract that you may have otherwise overlooked. We know what courses of action there are to take based on your contract, so you’re never left wondering “what are my options?” in the event of potential conflict.

Protection from legal backlash

If you do find that the purchase or sale of your home has led to conflict or a legal battle, don’t feel the need to handle it all on your own. We can find the best ways to protect you from unwanted legal discourse… and if you need help sorting out the problem, we offer dispute resolution as well.

Enlisting the help of a real estate attorney may be one of the best decisions you can make in the buying and selling process. Doing so can help you eliminate stress and the potential loss of funds due to mistakes or misunderstood contracts later on. Please consider us as you enter into the world of real estate. No job is too small! 

Wills are not something that many people think of every day. In fact, a large portion of the population doesn’t even have a will. However, this important document saves time, money, and frustration for loved ones.

In Florida, there’s no legal requirement to have wills notarized. Still, doing so is a good idea to alleviate doubt or complications that might arise as the years’ pass. Thankfully, the process is both time and cost-effective. In this article, we’ll explore the big benefits of working with a notary to create and validate your will.

Ensure the Basics are Covered

Some people choose to create their own wills. While this is perfectly acceptable, there’s a heightened potential for error or omission when working solo. By contrast, a skilled and qualified notary can help you fashion a comprehensive and legally-binding will.

This includes appropriate signatures (including witnesses) and other considerations. Witnesses must meet certain requirements. For instance, they must be at least 18-years-old. They must be “uninterested parties,” meaning they receive no benefit from how the will is drafted. In addition, these individuals must be willing to sign legal documents.

A trusted and depended wills attorney in Daytona Beach meets all of these requirements and also lends the insight and expertise necessary to navigate complex wills. It’s wise to realize that simply being a notary does not give someone the same status as an attorney, judge, or government official. Get the peace of mind you seek by working directly with a legal professional.

Know the Benefits

As discussed in previous articles, creating and maintaining a comprehensive will is essential to ensuring your final wishes are carried out. Also, wills guarantee your desire to financially protect your loved ones.

If you have small children or grandchildren for which you have legal guardian status, a thorough will also establishes guardianship status in the event that you and/or a spouse die prematurely. This eliminates the risk that kids will be removed from their homes or placed in a situation undesirable to your wishes.

It’s also important to note that wills can be updated and amended at any time. That means no matter what changes in your life, your will can reflect your most current vision and final plans.

Avoid Potential Problems

Wills that don’t meet the legal requirements discussed here face scrutiny and legal challenge. In addition, if a court determines a previous will exists that does meet all criteria, that will could be applied regardless of current intention.

In addition, without a legal will upon your passing, intestacy laws go into effect. Essentially, this means some or all of your property will pass to your closest relatives as dictated by state law. This might go against your personal desires.

Avoid any negative scenario by working with a probate attorney in Daytona well-versed in wills and estate planning. For nearly 40 years, our office has advised countless Central Florida residents in matters of estate planning, guardianship, and real estate. We’d be glad to answer all your questions about writing a will and more. Contact us today to get started.

 

 

Know the details of guardianship, and how it could affect the lives of dependents. Get the facts with this insight.

Perhaps you’ve been appointed guardian by a court and want to know more about what the role entails. Or, you may have a guardian in mind to care for your minor children and/or dependents, and want to be sure proper care and attention will be carried out according to your wishes.

Regardless of your scenario, it’s important to understand the details of guardianship. Doing so will prevent a situation where there’s a surprise, or issue that could have long-lasting reverberations. Use this insight to get a clearer picture about guardianship and personal property.

Types of Guardianship

To begin with, it’s a good idea to gain an understanding of the different types of guardianship. That includes guardianship of the person and/or property. When you’ve been assigned guardianship of the person, you’ll make health care, living situation, and school-related decisions for a minor child.

On the other hand, guardianship of property enables control over the minor’s assets, including money, legal property, and similar. If all of this sounds overly complex and confusing, it doesn’t have to be. Instead, it’s beneficial to reach out to an attorney well versed with Volusia County guardianship and other aspects of the law.

Responsibilities of the Guardian

When you’re acting as a guardian (or have someone in mind to care for your minor children), you naturally want to be aware of everything that person is empowered to do. For instance, what happens when a minor’s possessions might need to be sold in order to provide health and other care? What if there are unnecessary recurring expenses where the funds could be put to better use for the minor? You will have your own specific questions and scenarios, as well.

If a ward wants to dispose of or sell certain items, the guardian will usually have to give notice to interested parties. However, before you do anything on behalf of a ward, it’s best to consult with a trusted and reputable estate planning attorney in Daytona Beach who can help you determine the next best steps to take.

Guardianship Limitations

This is not to suggest that a guardian can make unilateral decisions without any check, or that they could find a way to financially benefit from their role. In fact, provisions are in place to prevent this from happening. In addition, there are legal avenues to pursue should such a violation occur.

When it comes to the details of these questions, the best route is to speak with a dynamic Daytona Beach wills lawyer. This professional can also guide you toward estate planning essentials that will protect yourself, your property, and your loved ones for years to come.

Understanding the Process

As mentioned, specifics surrounding guardianship can seem frustrating, complex, and even overwhelming. Sorting through the details can become even more arduous when you’re faced with buying or selling property (including real estate), or attempting to recover lost or stolen property. That’s why you need a seasoned advocate by your side.

For more than four decades, we’ve assisted countless Central Florida residents in a variety of legal concentrations. Along with guardianship, that also includes real estate law and estate planning. In addition, we’ve become well-known as a reliable resource for understanding probate in Volusia County. Contact us today to learn more about the role and responsibilities surrounding guardianship and personal property.

Make the most of your retirement, and provide for your loved ones at the same time. Learn how you can get the best of all worlds with these suggestions.

Whether you’re already retired, or looking at retirement soon, now’s an ideal moment to start or update your estate plan. Doing so will protect yourself, your loved ones, and your property. The key is to team with an outstanding wills attorney in Daytona Beach who can guide you through the process, and even offer insight and suggestions you might not have previously considered.

Unfortunately, many people across the country don’t have an estate plan in place. Once they pass, that could add up to frustration for loved ones, and perhaps even financial difficulty. As a responsible citizen, you naturally want to avoid that fate. Here’s how you can include estate planning in your retirement preparation:

Know Your Needs

While it’s impossible to create a step-by-step course of action for the coming decades, you can still gauge your retirement spending needs. That includes investment goals, potential risk, and how you’ll maintain the quality of life to which you’ve become accustomed.

If planning in this manner seems frustrating, or you simply don’t want to take or have the time to devote to the task, it’s helpful to know that a reliable Daytona Beach wills lawyer is able to guide you through the process. This professional can even offer insight into the best next steps to take.

Put It in Writing

Some people take the erroneous notion that their loved ones know exactly what they wish to have happen after they pass. That’s a dangerous assumption to make. The fact is, there’s no way for anyone to truly understand or interpret your last wishes unless and until you create a detailed will and comprehensive estate plan.

In addition, this will protect beneficiaries, your property, and finances. Now is also the time to determine who will receive retirement plan benefits after your death.

Consider Gifting

Along with making end-of-life decisions clear in your will, another idea that’s increased in popularity is gifting assets during your lifetime. It’s possible to do this and avoid major tax penalties. However, assets that appreciate in value (such as real estate and stocks) could still be taxable.

You could also give charitable donations to causes and organizations whose missions resonate with you. Speak with your estate planning attorney to realize and better understand all of the options available to you.

Keep Your Plan Current

The main idea is that your estate plan should reflect your current situation. That will change as life events occur, such as a birth or death in the family, marriage or divorce, purchase or sale of real estate property, start or end of a side business, and more. When you work with a trusted and reputable estate planning attorney in Daytona Beach, staying on top of your plan is a simple and straight-forward process.

In fact, for more than 40 years we’ve assisted Central Florida residents just like you with estate planning, and also real estate law and guardianship. In addition, we’ve built a solid reputation as the premier outlet for understanding probate in Holly Hill and throughout the region. Contact us today with all of your questions, and to learn more about estate planning and retirement preparation.

Buying or selling commercial real estate can be a complex process. Learn how to sort through the details, cover all bases, and get to the bottom line.

Even during a time of economic uncertainty and the necessity for unprecedented business compromise, it’s still possible to make sound commercial real estate decisions. Whether you’re buying or selling, there are key considerations to keep in mind.

The ongoing global pandemic has forced many businesses to close — some indefinitely. However, there are options to survive and thrive, whether you’re a buyer or seller. Economists clients and customers are in still in need of and seeking brick-and-mortar buying options.

That’s why it’s important now perhaps more so than ever to team with a trusted and reputable real estate attorney in Daytona Beach who can help guide you through transactions both large and small. Use these tips to get started.

Ensure a Detailed Lease

Your commercial lease should feature all aspects of the agreement. There should be no confusion as to the rights and responsibilities of all parties involved. So, a thorough lease will detail items such as a description of the premises, terms and clauses, maintenance needs and considerations, use and rent methods, and similar.

This documentation should also cover potential tenant improvements, insurance and repairs, default provisions, guarantees, and more. If this all sounds overly complex or confusing, it doesn’t have to be. Instead, it’s best to work with a Daytona Beach real estate attorney who is well-versed in real estate transactions of all kinds.

Be Prepared for Negotiation

Unlike most residential leases, your commercial lease could be open to some negotiation. Along with what constitutes the rented space (and what can be done with it), you should also find out information related to utilities, taxes, signage, rent increases, disputes, safety measures and regulations, accessibility, and more.

Above all, it’s essential that the lease fits your business or organization. There’s no need to “work with” or “make do” with any lease. Doing so will only set you up for problems in the long run. Speak with your real estate attorney about your options in this regard.

Include Unforeseen Circumstances

No one wants to think about the worst happening. The reality, however, is that accidents and natural disasters can and do occur. That means you’ll want to be in the know about who is responsible for damage caused by outside interference such as severe weather, vandalism, non-employee (customer, vendor) theft, and similar.

You’ll also want to ensure that you’re protected against any disputes that may arise. Litigation costs could cripple your business endeavors — even if you win your case. Alternatives such as mediation and/or arbitration will still take precious time and resources away from fully focusing on your business or organization.

Partner with a Dynamic Attorney

You want and need an outstanding advocate who will keep your best interests in mind. Especially when faced with what could be a long-term lease, it’s important to know exactly what you’re getting into. That’s where experience and diversification are essential.

Known throughout the area as the premier estate planning attorney in Daytona Beach, we also specialize in real estate law and guardianship. In addition, for more than 40 years, we’ve assisted countless clients with probate in Ormond Beach and throughout Central Florida. Contact us today to learn more about your commercial real estate options and potential protections.

Eliminate the stress and uncertainty that sometimes comes with being named a personal representative. Learn the facts and details with this insight.

For some people, end-of-life decisions can be overwhelming. There are many details to consider. One of those is deciding who will act as executor of the estate. If you’ve been asked to take on this role, you should first be humbled by the idea. This means your friend or loved one considers you to be a responsible party that will act with their best interests in mind. Still, tasks that go along with being a personal representative shouldn’t be quickly accepted without any thought or deliberation.

Instead, when you work with a dynamic estate planning attorney in Daytona Beach, you can gain insight and guidance into what the role entails, and scenarios you may encounter along the way. Here’s how to get started:

Weigh Your Options

It’s only natural that you want to know exactly what you’re getting into before accepting personal representative duties. The first thing to keep in mind is that there is no legal obligation for you to go along with the intended appointment. However, you will often know in advance the wishes of your loved ones.

As you approach the personal representative role, you’ll need to consider the complexity of the estate. Larger estates can bring a more complicated process. You should also ensure that you’re able to devote the necessary time, and shoulder the responsibilities. You may also be subject to family and heir conflicts, personal liability, out of pocket costs, and similar.

If this sounds overly complex and confusing, it doesn’t have to be. Instead, when you work with an experienced Daytona Beach wills lawyer with a proven track record of success, you benefit from professional guidance and advocacy every step of the way.

Know the Details

Doing so is especially important when it comes to carrying out the many duties of an estate executor. That includes:

• gathering all necessary paperwork and filing with a probate court
• notifying creditors of the decedent’s death (banks, credit cards, government agencies)
• setting up a bank account (or accounts) for incoming funds and outgoing expenses
• filing an asset inventory
• maintaining property until it can be distributed, sold, or otherwise disposed of
• representing the estate in court

Along with these duties, there are some aspects you won’t be able to change. For instance, you can’t make updates to will beneficiaries. You will also be unable to prevent beneficiaries from contesting what’s documented in the will. For more insight and guidance, it’s best to team with an outstanding wills attorney in Daytona Beach who can guide you through the entire process.

Don’t Go It Alone

In fact, when faced with fulfilling your role as personal representative, it might seem daunting and even impossible to satisfy all duties. You might also be cautious about having to defend your actions in this role. In addition, you could be dealing with your own grieving process following the passing of a loved one. These considerations and more are why it’s essential to connect with an attorney who can help you make sense of this often difficult and trying time.

For 42 years, our legal team has worked with countless Florida residents just like you in a variety of concentrations. Along with estate planning, we also specialize in guardianship and real estate. Through the years, we’ve built a solid reputation as the premier resource for assistance with probate in Holly Hill and throughout Central Florida. Contact us today to learn more about how to handle your role as estate executor.

As we all continue to spend some more time at home, it is easier than ever to identify the things that really matter: Family. Loved ones. Your legacy and, most clearly, the importance of planning for the unexpected.

If you have not started already—or if you have changes to make to your life plans—now is an ideal time to begin the estate planning process. Just read on to discover a few big benefits of embarking upon this project today, including the perks of working with the preeminent estate planning attorney in Daytona Beach. Take a look.

More time to focus on life’s big questions

Many people put off the estate planning discussion “for another time,” a time when the everyday hustle and bustle of school, work and community commitments slows down and is a little easier to manage. For many of us, this time has come in the form of social distancing and quarantine guidelines that have us spending much more of our lives at home. It may be the perfect time to settle down and ask yourself the big questions that you’ve placed at the back of your mind—questions about your legacy, your loved ones and how you can protect what matters most in the event of your passing.

Control where it counts

These days, so much of life is out of our control. Perhaps you are wondering when or how you will return to your traditional workplace; how your children will experience school in the semester ahead; or when you simply be able to experience your favorite activities as usual again. You are not alone in feeling this way! During this time, however, you can regain much-needed control in the form of estate planning. This process allows you to determine exactly where and how your assets will be distributed in the event of your passing. While no one can predict or prevent the unexpected from happening, you can make decisions today that will greatly benefit your loved ones or causes you care about in the future—and that is something to be grateful for.

Planning your estate may be easier than you think

Many people put off the process of estate planning because they see it as a daunting task—however, when you partner with an experienced estate planning attorney in Daytona Beach, the experience can be a truly stress-free, rewarding one. Our collaborative process is based on the best possible scenario for yourself, your assets and the ones you love, and we will work closely with you to establish a clear path ahead.

Estate planning may have seemed like a difficult project when you were facing it on your own, and we completely understand that you may have questions about the process! Fortunately, this isn’t a project you have to handle solo. So ask away, then enjoy unparalleled peace of mind knowing that your loved ones and legacy are protected to the fullest extent.

Are you ready to discover the benefits of estate planning for yourself and your loved ones? Contact us today! The premier wills attorney in Daytona Beach will be able to answer your questions and guide you through every step of the way.

If you’re thinking of starting a new business, you’re about to join the ranks of thousands of people across the country who have seen first-hand the real success and satisfaction that comes from finally getting a dream off the ground. Here’s where you can feel proud that you’re providing for your loved ones in a special and honorable fashion.

Still, there are times when trying to navigate the current business landscape can be tedious, frustrating, and downright overwhelming. That’s when it’s best to contact a trusted and reputable real estate attorney in Daytona Beach. This professional can offer valuable insight and information that you might not have previously considered. Here are some of the many ways you and your new venture can benefit by having such a reliable advocate in your corner.

Investigate Business Needs and Goals

If you have a very simple and straight-forward business, you might not need legal guidance to help you on your way. The trouble is, few startups and small businesses fall into this category. There are always provisions and requirements that crop up and seem to complicate the process.

However, when you team with a dynamic Daytona Beach real estate attorney, you know that all the bases are being covered. That includes situations such as partnerships, limited liability corporations (LLC), and S corporations. All of these require specific documentation to be filed with your state each year.

Ensure Thorough and Accurate Documentation

To that end, when you’re focused on the growth and prosperity of your prospective business, the last thing you want or need is to get bogged down in the details. Your attorney can help you understand and file required documentation. This advocate can also offer support with tasks such as copyrighting/trademarking, reviewing lease documents, prepping incorporation forms, and similar.

Get Your Questions Answered

You might have turned to online searches for answers to your most pressing questions. While you’ve likely found a wealth of information, there’s no guarantee that all or any of it is correct, up-to-date, or even relevant. That means you could risk making mistakes that might derail your business prospects. Who has the time or energy to put up with that kind of frustration?

By contrast, your attorney can give pointed answers to direct questions concerning business structure, naming, business risk, and intellectual property. You’ll also glean essential insight into necessary contracts, agreements, and bylaws.

Move Forward with Your Dreams

These are just a few of the many benefits that come from teaming with a reliable professional for all your legal needs. As you contemplate a new business venture, now is also an ideal moment to update your end-of-life documentation. Speak with a dependable estate planning attorney in Daytona Beach to get started.

For more than four decades, our firm has assisted countless Central Florida residents with all aspects of real estate law, estate planning, and guardianship. We’re also well known as the premier outlet for questions concerning probate in Ormond Beach. Contact us today to move ahead with your plans to start a new business.

You may have heard about the importance of writing a comprehensive last will and testament. Perhaps you’ve even begun the process yourself, but somehow got delayed by one of life’s many distractions and obligations. While the days and months pass fast, it’s important to document your express last wishes. This will help avoid confusion, and will make it easier for your family to move forward after you pass away.

One of the safest and most straight-forward ways to begin is by partnering with a dynamic and professional wills attorney in Daytona Beach. This way, you get the peace of mind that your loved ones will be protected, and that your requests are being met. Read on to discover other integral reasons for drafting detailed end-of-life documents.

1) Relates Your Express Wishes  

Some people take the stance that so long as family members have been told their last wishes, everything will be fine. Unfortunately, that’s not always the case. In addition, as a responsible citizen, you don’t want to burden your loved ones with that kind of responsibility.

Instead, a legally-binding will ensures your last wishes are carried out according to your express provisions. Contact a reliable Daytona Beach wills lawyer to get started.

2) Protects Your Loved Ones

Along with distribution of funds and assets, end-of-life documentation can and should also determine what will happen to minor youth under your guardianship. This could be your own children, grandchildren, foster kids, and other situations. Without making your wishes known in this regard, children and teens could be entered into the foster care system.

3) Ensures Equitable Distribution of Assets

You likely have many contacts that you want to be sure are provided for once you pass away. This could include a spouse, former partner, children, friends, and close family members. In addition, your will could also include designations for what happens to beloved pets.

When you team with a dependable estate planning attorney in Daytona Beach, you benefit from decades of experience that will help you draft comprehensive and legally-binding end-of-life documentation.

4) Is Time and Cost Efficient

Some people think that working an attorney for estate planning is out of reach financially. Nothing could be further from the truth. The fact is that going this route could actually save you and your family money in the long run. This way, you can avoid what could become costly court battles.

You’ll also save on legal fees that might occur when your estate ends up in probate court. In addition, you can provide for your favorite charities in your will. Or, you could take steps to protect business assets and similar.

5) Gives You Valuable Peace of Mind

Make this the year that you finally move ahead with plans to draft a comprehensive will and other end-of-life documentation. Along with the reasons described here, you’ll also benefit from the peace of mind that comes with knowing that you’re doing right by your family members and loved ones.

Begin the process by reaching out to a trusted and reputable attorney. For more than 40 years, we’ve been proud to provide a variety of legal services to people just like you across Central Florida. Along with estate planning, that also includes real estate law and guardianship. We’re also known as the premier resource for questions concerning probate in Holly Hill and throughout the region. Contact us today to get started on creating a detailed will.

When it comes to making a will and planning your estate, you might find the entire process stressful, time-consuming, cumbersome, and even overwhelming. But it doesn’t have to be. Instead, by partnering with a dynamic wills attorney in Daytona Beach, you can take important steps to protecting yourself, your loved ones, and your property and assets.

During this endeavor, you’ll also learn key estate planning terms. That includes knowledge about trusts, estate taxes, probate, and much more.  Read on to learn integral information you should know about wills and estate planning.

When to Make and Update Your Will

Having a comprehensive and legally-binding will is essential at any time. Keeping this and other estate planning documents up to date is especially important during times of life changes. That includes:

• marriage or divorce
• birth or death of a loved one
• adopting a child
• buying or selling large assets
• moving to or from a community property state

You’ll also have specific inquiries and considerations to take into account when drafting estate planning documents. It’s nice to know, then, that a trusted and reputable estate planning attorney in Daytona Beach is on hand to answer all of your questions, and provide valuable insight and assistance.

How to Separate Fact from Fiction

Through the years, there have been many rumors and downright untruths spread about estate planning and drafting wills. Over time, much of this misinformation has been accepted as fact. Now’s an ideal time to cut through the noise and get to the bottom line.

For instance, when someone passes away without a will, it’s not true that “the state gets everything.” However, the process becomes unnecessarily complicated in the absence of a detailed will. Your best bet is to team with a highly-skilled and qualified Daytona Beach wills lawyer who can help you create a comprehensive and legally-binding estate plan. 

Why You Need a Will and Estate Plan

Your thorough estate plan includes important considerations and provisions surrounding end-of-life care, distribution of assets, life insurance, and other essential information. While you can start by creating a will on your computer (or with pen and paper), it’s important to have an attorney review this document.

You should also get all estate planning documentation notarized. This way, it can be proven that the will was created voluntarily, while you are of sound mind, and that all documents are signed by you. The will should also clearly dictate who should be the estate executor, allocation of assets, child care and guardianship provisions, and similar.

Where to Find Answers to Your Most Pressing Questions

As earlier mentioned, drafting a detailed will and creating a comprehensive estate plan can seem like a daunting task. But it doesn’t have to be. Instead, when you work with an attorney well versed with estate planning issues, you get the peace of mind that your legal documentation will be complete and straight-forward.

For more than 40 years, we’ve been the trusted resource for a variety of legal needs. In addition to estate planning, that also include real estate law and guardianship. In addition, we’re well known in the area as the premier outlet for probate in Holly Hill and the surrounding region. Contact us today with all your questions regarding wills and estate planning.