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Why Businesses in Boca Raton Should Have Contracts Reviewed by an Attorney

Thu, 30 Apr 2026 15:45:01 GMT

Why Businesses in Boca Raton Should Have Contracts Reviewed by an Attorney

Contracts form the foundation of many business relationships. Whether you are entering into agreements with employees, customers, vendors, or independent contractors, the terms of your contracts determine the expectations and responsibilities of each party. For businesses in Boca Raton and throughout South Florida, having contracts reviewed by an attorney can help ensure that agreements are clear, enforceable, and aligned with applicable laws.

Even minor errors or vague language in a contract can lead to disputes, financial losses, or costly litigation. By working with an attorney before signing or finalizing a contract, business owners can better protect their interests and reduce potential risks.

Peter J. Snyder, P.A. , based in Boca Raton, Florida, assists businesses with drafting and reviewing contracts to promote clarity and minimize misunderstandings in business agreements.

The Importance of Contract Review for Businesses

Business contracts are designed to establish clear expectations between parties. However, contracts that contain unclear language, missing provisions, or unfavorable terms can create complications later.

A contract review allows an attorney to evaluate the agreement and identify issues that may affect your business. This process helps ensure the contract accurately reflects the terms of the deal and protects your interests.

For businesses in Boca Raton, contract review can help:

Clarify roles and responsibilities
Identify potential legal risks
Ensure compliance with Florida laws
Prevent disputes before they arise
Strengthen enforceability if disagreements occur

Taking the time to review contracts before signing can help businesses avoid costly problems in the future.

Avoiding Ambiguity in Business Agreements

One of the most common causes of contract disputes is unclear or ambiguous language. If contract terms can be interpreted in multiple ways, disagreements between parties may occur.

For example, contracts may lack clear provisions related to:

Payment terms
Deliverables and timelines
Termination conditions
Liability and indemnification
Dispute resolution procedures

An attorney reviewing a contract can identify vague or incomplete language and recommend revisions to make the agreement more precise.

Peter J. Snyder, P.A. works with businesses to ensure that contract terms are clearly written so each party understands their obligations.

Ensuring Compliance With Florida Law

Contracts must comply with applicable federal, state, and local laws in order to be enforceable. Businesses in Florida must ensure their agreements align with current legal requirements.

An attorney reviewing a contract can evaluate whether the agreement complies with relevant laws and regulations. This may include reviewing provisions related to employment agreements, non-compete clauses, confidentiality terms, and independent contractor relationships.

Legal review can help businesses avoid agreements that may later be challenged or invalidated due to non-compliance.

Identifying Unfavorable Terms

Many businesses sign contracts presented by another party without fully understanding how the terms may impact them. Certain provisions may place a disproportionate amount of risk or liability on one party.

During a contract review, an attorney may identify provisions that could negatively affect your business, such as:

Broad indemnification clauses
Automatic renewal provisions
Unbalanced termination rights
Excessive penalties or damages
Restrictive obligations

Recognizing these provisions before signing a contract allows businesses to negotiate more balanced terms.

Preventing Business Disputes and Litigation

Business disputes often stem from poorly drafted agreements or misunderstandings about contractual obligations. Clear contracts that address key issues can reduce the likelihood of disagreements.

When disputes do arise, a well-drafted contract can provide clear guidance for resolving the issue. Contract review helps ensure that dispute resolution provisions and enforcement mechanisms are properly included.

By addressing potential issues before an agreement is finalized, businesses may avoid costly litigation in the future.

Contracts That Often Require Legal Review

Many types of business agreements benefit from legal review before they are signed. Some of the most common contracts businesses should have reviewed include:

Employee agreements
Independent contractor agreements
Customer contracts
Vendor agreements
Partnership agreements
Non-disclosure agreements (NDAs)
Service agreements

Each type of agreement carries unique legal considerations that should be addressed before finalizing the contract.

How Peter J. Snyder, P.A. Helps Businesses With Contracts

Drafting and reviewing contracts requires careful attention to detail. Businesses rely on clear and enforceable agreements to protect their operations and relationships.

Peter J. Snyder, P.A. provides contract drafting and review services for businesses in Boca Raton, Delray Beach, Deerfield Beach, and throughout South Florida . The firm assists clients with identifying potential risks in agreements, clarifying contractual obligations, and ensuring that contracts support their business goals.

By addressing potential issues early, businesses can strengthen their agreements and reduce the risk of disputes.

Protect Your Business With Proper Contract Review

Contracts play a critical role in defining business relationships and protecting the interests of everyone involved. Having agreements reviewed by an attorney before signing can help ensure that terms are clearly written and legally enforceable.

If you are entering into a new business agreement or want to review an existing contract, legal guidance can help you move forward with greater confidence.

Contact Peter J. Snyder, P.A. today to schedule a consultation and discuss your contract review needs. Call 561-220-7765.

Understanding Guardianship Laws in Florida

Thu, 02 Apr 2026 13:00:26 GMT

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Guardianship is an important legal process designed to protect individuals who are unable to make certain decisions for themselves. In Florida, guardianship laws allow a responsible person to be appointed by the court to make decisions for a minor or an adult who is incapacitated. While guardianship can provide necessary protection, the process can also be complex and involves strict legal requirements.

Families facing these situations often benefit from guidance during the guardianship process. Peter J. Snyder, P.A. assists clients in Boca Raton, Delray Beach, and Deerfield Beach with guardianship matters and other estate planning concerns, helping ensure that the best interests of the individual involved remain the priority.

What Is Guardianship in Florida?

Guardianship is a legal arrangement where a court appoints a person, known as a guardian , to make decisions on behalf of someone who cannot manage certain personal, medical, or financial matters independently. The individual receiving assistance is referred to as the ward .

Guardianship may be necessary in several situations, including:

An adult who cannot make healthcare decisions due to incapacity
An adult who is unable to manage finances or property
A minor whose parents are absent or unable to provide care
A child who inherits significant assets

Because guardianship transfers certain legal rights to another person, Florida courts carefully evaluate each case before appointing a guardian.

Types of Guardianship in Florida

Florida law recognizes several different types of guardianship depending on the needs of the individual involved.

Guardianship of the Person

This type of guardianship allows the guardian to make decisions about the ward’s personal care, including healthcare, living arrangements, and daily needs.

Guardianship of the Property

A guardian of the property manages the ward’s financial affairs. Responsibilities may include managing bank accounts, paying bills, handling investments, and protecting assets.

Plenary Guardianship

Plenary guardianship grants the guardian full authority over both personal and financial decisions for the ward. This type of guardianship is typically used when the ward is completely unable to manage their own affairs.

Limited Guardianship

Limited guardianship allows the ward to retain some rights while the guardian is responsible for specific decisions. Florida courts often consider limited guardianship when the ward is capable of managing certain aspects of their life independently.

The Guardianship Process in Florida

Establishing guardianship involves multiple legal steps and court oversight. The process typically includes:

Filing a Petition
A petition is submitted to the court requesting that a guardian be appointed.
Determining Incapacity
In cases involving adults, the court appoints an examining committee to evaluate whether the individual is unable to manage certain aspects of their life.
Court Hearing
A judge reviews the evidence and determines whether guardianship is necessary.
Appointment of Guardian
If guardianship is granted, the court appoints a guardian who must follow legal responsibilities and reporting requirements.

Because these proceedings involve detailed documentation and legal procedures, many families choose to work with an attorney during the process.

Responsibilities of a Guardian

Once appointed, a guardian assumes important responsibilities that are monitored by the court. These duties may include:

Making healthcare decisions for the ward
Managing financial accounts and property
Ensuring the ward’s daily needs are met
Submitting reports to the court
Acting in the ward’s best interests

Guardians must follow strict legal guidelines and remain accountable to the court for their decisions.

Alternatives to Guardianship

In some cases, legal planning tools may help avoid the need for guardianship. These may include:

Powers of Attorney
Advance Directives
Trusts
Estate planning arrangements

Planning ahead can help families establish decision-making authority before incapacity occurs.

Peter J. Snyder, P.A. assists individuals and families with estate planning strategies that may reduce the need for guardianship proceedings in the future.

When to Speak With a Guardianship Attorney

Guardianship cases often arise during emotionally challenging situations involving aging parents, vulnerable adults, or children in need of care. Understanding Florida guardianship laws and court procedures is important when determining the best course of action.

An attorney can assist families by:

Explaining guardianship laws and requirements
Preparing and filing necessary court documents
Representing clients during guardianship proceedings
Helping guardians understand their legal responsibilities

With decades of legal experience, Peter J. Snyder, P.A. provides guidance to individuals and families navigating guardianship matters throughout South Florida.

Guardianship Legal Assistance in Boca Raton

Guardianship is intended to protect individuals who cannot make certain decisions on their own. However, the legal process can be detailed and requires careful compliance with Florida law.

Peter J. Snyder, P.A. helps clients address guardianship and conservatorship matters while focusing on protecting the best interests of the child or adult involved. The firm also assists with related estate planning services such as wills, trusts, powers of attorney, and advance directives.

If you are considering guardianship for a loved one or need assistance understanding your legal options, professional guidance can help you move forward with clarity.

Call Peter J. Snyder, P.A. today at 561-220-7765 to schedule a consultation.

Top Legal Mistakes Buyers and Sellers Make in Florida Real Estate Transactions

Thu, 05 Mar 2026 23:45:00 GMT

Top Legal Mistakes Buyers and Sellers Make in Florida Real Estate Transactions

Florida’s real estate market continues to attract buyers, investors, and sellers from across the country. With high property demand in areas like Boca Raton, Delray Beach, and Deerfield Beach , transactions often move quickly. However, many people underestimate the legal complexities involved in buying or selling property.

Real estate transactions involve contracts, disclosures, title reviews, and compliance with Florida law. Even small mistakes can lead to financial loss, delays, or disputes. Working with a knowledgeable real estate attorney can help ensure your interests are protected throughout the process.

At Peter J. Snyder, P.A. , clients receive careful legal guidance backed by more than 44 years of legal experience handling real estate matters in South Florida.

Below are some of the most common legal mistakes buyers and sellers make during Florida real estate transactions —and how an attorney can help avoid them.

Signing a Purchase Agreement Without Legal Review

One of the most common mistakes buyers and sellers make is signing a purchase agreement without having an attorney review it first .

Real estate contracts contain detailed legal terms, deadlines, contingencies, and financial obligations. A standard or template contract may not fully address the circumstances of your transaction.

An attorney can help by:

Reviewing the purchase agreement for unclear language
Negotiating contract terms
Ensuring contingencies protect your interests
Drafting amendments when necessary

Peter J. Snyder, P.A. works with buyers and sellers to review contracts carefully so they fully understand their obligations before signing.

Overlooking Title Issues

Title problems are another common issue that can disrupt a real estate transaction. Liens, ownership disputes, or unresolved legal claims can prevent a clear transfer of ownership.

Without a proper title review, buyers may inherit unexpected legal problems attached to the property.

A real estate attorney can assist with:

Conducting a title search
Reviewing liens or encumbrances
Addressing title defects
Filing quiet title actions when necessary

Peter J. Snyder, P.A. helps ensure that property ownership can be transferred legally and without complications.

Failing to Address Property Changes or Illegal Additions

In Florida, home improvements and additions must comply with local building codes and permitting requirements. If previous modifications were completed without proper permits, it can create legal problems during a sale.

Buyers may unknowingly purchase a property with illegal additions, while sellers may face liability if those issues are not disclosed.

A real estate attorney can investigate:

Whether additions were legally permitted
Compliance with zoning and building regulations
Necessary disclosures to avoid legal disputes later

This type of review can prevent costly problems after closing.

Ignoring Disclosure Requirements

Florida law requires sellers to disclose known property defects that may affect the property’s value. Failing to disclose issues such as structural damage, flooding, mold, or roof problems can lead to lawsuits after the transaction is complete.

Proper disclosures protect both buyers and sellers.

An attorney can help ensure:

Required disclosures are properly documented
All relevant information is communicated
Sellers reduce their risk of future claims

Peter J. Snyder, P.A. assists clients with reviewing disclosure requirements so they remain compliant with Florida law.

Misunderstanding Brokerage Agreements

Many sellers enter into brokerage agreements without fully understanding their legal obligations.

In some cases, a seller may be responsible for paying a commission even if the property does not sell—or may inadvertently become responsible for multiple brokerage commissions.

A real estate attorney can review brokerage agreements to clarify:

Commission terms
Contract duration
Seller obligations
Potential financial risks

Legal review before signing brokerage agreements can help sellers avoid costly misunderstandings.

Failing to Prepare for Closing Requirements

Closing is one of the most important stages of a real estate transaction. It involves reviewing final documents, transferring funds, and legally recording ownership changes.

Without proper legal oversight, errors in closing documents can cause delays or create long-term complications.

A real estate attorney can assist with:

Drafting and reviewing closing documents
Handling deed transfers
Reviewing financial settlements
Recording deeds with the appropriate authorities

Having legal guidance during closing ensures the transaction is completed correctly.

Attempting to Handle Complex Transactions Alone

Many buyers and sellers assume a real estate agent can handle every aspect of the transaction. While agents play an important role in marketing and negotiating deals, they are not equipped to address legal matters.

Issues involving contracts, title disputes, property use, or litigation often require legal guidance.

Working with a real estate attorney helps ensure that your legal rights and financial interests remain protected throughout the transaction.

Protect Your Interests With a Boca Raton Real Estate Attorney

Real estate transactions involve many legal details that can easily be overlooked without the right guidance. Avoiding these common mistakes can help buyers and sellers move through the process with greater confidence.

Peter J. Snyder, P.A. provides legal assistance for a wide range of real estate matters, including:

Residential transactions
Commercial transactions
Purchases and sales
Contract drafting and review
Quiet title actions
Real estate litigation

With more than 44 years of experience , the firm assists clients throughout Boca Raton, Delray Beach, and Deerfield Beach .

If you are planning to buy or sell property in South Florida, working with an attorney can help you navigate the legal process and avoid costly mistakes.

Call Peter J. Snyder, P.A. today at 561-220-7765 to schedule a consultation.

Probate Law Attorney in Boca Raton, Florida: Understanding the Probate Process

Thu, 05 Feb 2026 21:45:00 GMT

Probate Law Attorney in Boca Raton, Florida: Understanding the Probate Process

When a loved one passes away, families are often left to manage not only their grief but also the legal responsibilities that follow. In Florida, this typically involves probate , a court-supervised process used to settle a person’s estate and distribute assets to heirs and beneficiaries.

According to a survey by EstateExec, the probate process takes an average of 16 months , or roughly 570 hours of work , to complete. This statistic highlights just how time-consuming and complex probate can be—especially for family members unfamiliar with legal procedures.

At Peter J. Snyder, P.A . , we help families in Boca Raton, Delray Beach, and Deerfield Beach navigate probate with clarity, guidance, and confidence during a difficult time.

What Is Probate Law?

Probate law governs the legal process of administering a deceased person’s estate. This process ensures that:

A valid will is recognized by the court (if one exists)
A personal representative is appointed
Assets are identified and properly valued
Creditors are notified and legitimate debts are paid
Remaining property is distributed to heirs or beneficiaries

If there is no will, Florida law determines how assets are distributed, which may not reflect the deceased person’s wishes.

The Role of the Personal Representative

In Florida probate cases, the court appoints a personal representative —often named in the will—to manage the estate. This role carries significant responsibility and legal duties, including:

Collecting and safeguarding estate assets
Managing ongoing expenses and financial obligations
Communicating with beneficiaries and creditors
Filing required documents with the probate court
Distributing assets according to the will or Florida law

Because personal representatives are held to a fiduciary standard, mistakes can lead to delays, disputes, or personal liability.

Common Challenges in Florida Probate

Even seemingly simple estates can face obstacles, such as:

Disagreements among heirs or beneficiaries
Creditor claims that must be reviewed and resolved
Missing or outdated estate planning documents
Real estate or assets located in multiple states
Court filing deadlines and procedural requirements

Having legal guidance throughout probate can help prevent errors and keep the process moving efficiently.

How an Attorney Can Help During Probate

Working with a probate attorney provides structure and support throughout each stage of administration. Attorney Peter J. Snyder assists clients by:

Explaining what to expect at every phase of probate
Helping personal representatives understand their responsibilities
Preparing and filing required court documents
Addressing disputes or legal issues that arise
Guiding families through important decisions with confidence

Mr. Snyder’s approach focuses on reducing stress, maintaining compliance with Florida law, and helping estates move toward resolution as smoothly as possible.

Probate and Estate Planning Go Hand in Hand

While probate is often necessary, certain estate planning tools—such as trusts, beneficiary designations, and joint ownership—can reduce or simplify court involvement. Understanding probate also helps individuals make informed decisions about planning for their own families in the future.

Attorney Snyder regularly works with clients who are administering estates now and those who want to plan ahead to make things easier for their loved ones later.

Serving Boca Raton and Surrounding Communities

Attorney Peter J. Snyder proudly serves clients throughout Boca Raton, Delray Beach, and Deerfield Beach , offering dependable guidance for probate administration and related estate matters. His goal is to help families move forward with clarity, dignity, and peace of mind.

Speak With a Probate Law Attorney Today

If you have been named as a personal representative or are involved in a probate matter in Florida, you do not have to navigate the process alone.

�� Call 561-220-7765 to schedule a consultation with Peter J. Snyder, P.A. and learn how experienced legal guidance can help you through every step of probate.

Commercial Transactions Attorney in Boca Raton, Florida: Legal Guidance for Complex Property Deals

Wed, 31 Dec 2025 21:09:45 GMT

Commercial Transactions Attorney in Boca Raton, Florida: Legal Guidance for Complex Property Deals

Commercial real estate transactions in Florida involve far more than signing a purchase agreement. From negotiating deal terms to addressing zoning issues, title concerns, and financing requirements, each transaction carries legal and financial risk. Without proper legal guidance, even experienced investors and business owners can encounter costly delays or disputes.

At Peter J. Snyder, P.A. , we help clients navigate commercial real estate transactions with clarity and confidence. Serving Boca Raton, Delray Beach, and Deerfield Beach, Attorney Peter J. Snyder represents property owners, developers, landlords, tenants, buyers, sellers, and investors across a wide range of commercial real estate matters.

Understanding Commercial Real Estate Transactions

Commercial transactions differ significantly from residential real estate deals. They often involve:

Larger financial investments
Custom contract terms rather than standardized forms
Extended due diligence periods
Zoning, land use, and permitting considerations
Environmental and regulatory compliance issues
Complex financing structures

Each of these elements requires careful legal review to ensure the transaction aligns with the client’s business goals and minimizes exposure to risk.

Legal Services for Commercial Property Buyers and Sellers

Whether purchasing or selling commercial property, thorough legal review is essential. Attorney Snyder assists clients by:

Drafting and reviewing purchase and sale agreements
Advising on contingencies, inspection periods, and closing timelines
Coordinating due diligence efforts
Addressing title defects, easements, or boundary issues
Reviewing closing documents to ensure accuracy and compliance

By identifying potential issues early, clients can make informed decisions and avoid unexpected complications at closing.

Representation for Landlords and Tenants

Commercial leases often contain provisions that can significantly impact long-term financial obligations. Attorney Snyder works with both landlords and tenants to:

Draft and review commercial lease agreements
Clarify rent structures, escalation clauses, and operating expenses
Address maintenance and repair responsibilities
Negotiate renewal, termination, and assignment provisions
Resolve lease disputes when disagreements arise

Clear lease terms help protect business operations and reduce the likelihood of future conflicts.

Commercial Real Estate Development and Investment

Developers and investors face additional legal considerations, including land use regulations, construction contracts, and financing agreements. Attorney Snyder provides guidance on:

Development agreements and joint ventures
Zoning and land use compliance
Construction-related legal issues
Risk management strategies for investment properties
Dispute resolution related to development or ownership interests

Having legal counsel involved throughout the development or investment process helps keep projects on track and aligned with long-term objectives.

Handling Commercial Real Estate Disputes

Despite careful planning, disputes can arise in commercial real estate transactions. These may involve contract disagreements, lease enforcement issues, ownership conflicts, or claims related to property use.

Attorney Snyder represents clients in commercial real estate disputes by:

Evaluating legal options and potential outcomes
Pursuing negotiation or alternative dispute resolution when appropriate
Advocating for clients in litigation when necessary
Working toward resolutions that protect financial and business interests

His background in both transactional work and litigation allows clients to receive guidance that is practical, strategic, and focused on resolution.

Why Legal Guidance Matters in Commercial Transactions

Commercial real estate deals are often high-stakes and time-sensitive. Having an attorney who understands both the transactional and dispute-related aspects of property law helps clients:

Avoid costly mistakes and delays
Reduce legal and financial risk
Protect contractual rights
Make informed decisions at every stage of a transaction

At Peter J. Snyder, P.A. , the focus is on helping clients navigate complex commercial property matters with confidence and peace of mind.

Serving Boca Raton and Surrounding Communities

Attorney Peter J. Snyder proudly serves clients throughout Boca Raton, Delray Beach, and Deerfield Beach , providing dependable legal counsel for a wide range of commercial real estate needs. His approach emphasizes clear communication, careful planning, and strong advocacy tailored to each client’s situation.

Schedule a Consultation with a Commercial Transactions Attorney

Whether you are buying, selling, leasing, developing, or investing in commercial property, legal guidance is a critical part of protecting your interests.

�� Call 561-220-7765 to schedule a consultation with Peter J. Snyder, P.A. and learn how experienced legal counsel can support your commercial real estate transaction from start to finish.

Contracts and Compliance: Keeping Your Florida Business Legally Sound

Thu, 11 Dec 2025 04:51:47 GMT

Contracts and Compliance: Keeping Your Florida Business Legally Sound

Running a business in Florida involves more than providing quality products or services—it also requires a strong legal foundation. From day-to-day operations to long-term planning, contracts and compliance play a critical role in keeping your company protected from costly disputes, regulatory issues, and operational interruptions.

At Peter J. Snyder, P.A. , we help Florida business owners, entrepreneurs, and corporate teams create and maintain the legal framework needed to grow confidently and avoid unnecessary risks. Whether your business is in its early stages or navigating complex transactions, having proper legal guidance supports long-term stability.

Why Contracts Matter for Every Florida Business

Contracts are the backbone of business operations. They define expectations, outline responsibilities, and provide clear protections if disagreements arise. Unfortunately, many disputes stem from unclear or incomplete agreements—issues that could have been avoided with carefully drafted documents.

Well-constructed contracts help your business:

Prevent misunderstandings between partners, vendors, and clients
Set enforceable terms regarding payment, performance, and timelines
Protect sensitive information through confidentiality provisions
Reduce liability through indemnification and limitation-of-liability clauses
Establish procedures for resolving disputes efficiently

Attorney Peter J. Snyder works directly with businesses in Boca Raton, Delray Beach, and Deerfield Beach to draft, review, and negotiate contracts that reflect their goals and reduce exposure to legal conflicts. By ensuring your agreements are thorough and enforceable under Florida law, you can operate with greater confidence and security.

Common Business Contracts That Support Legal Compliance

Florida businesses rely on a variety of contracts for everyday operations. Some of the most important include:

1. Operating Agreements and Partnership Agreements

These documents outline how your business is structured, how decisions are made, and what happens if an owner leaves, becomes incapacitated, or wishes to dissolve their interest.

2. Employment and Independent Contractor Agreements

Clear job duties, payment terms, and policies help ensure the business complies with Florida labor laws and prevents misunderstandings with workers.

3. Vendor and Client Agreements

Your relationships with customers and suppliers depend on transparent terms that protect your business from late payments, breaches, or service disruptions.

4. Non-Disclosure and Confidentiality Agreements

These agreements help safeguard trade secrets, client information, and internal business strategies.

5. Commercial Lease Agreements

A lease often contains language that can significantly impact your business financially. Careful review protects you from unfavorable terms or unexpected liability.

Attorney Snyder helps business owners understand what each agreement requires and ensures their contracts reflect the company’s operations, financial expectations, and long-term objectives.

Business Compliance: Staying Ahead of Legal Requirements

Compliance refers to the laws, regulations, and internal procedures a business must follow in order to operate lawfully in Florida. Falling behind in compliance can result in fines, lawsuits, or the suspension of your business activities.

Key areas of compliance include:

1. State and Local Registration Requirements

Businesses must stay current with annual filings, business licenses, assumed name registrations, and corporate records.

2. Employment and Labor Regulations

Clear policies help ensure compliance with wage rules, workplace safety standards, and employee rights.

3. Tax Obligations

Maintaining proper records and meeting state and federal tax deadlines reduces the risk of penalties.

4. Contractual Compliance

Failing to meet your own contractual duties can lead to breach-of-contract claims, financial losses, and reputational harm.

5. Industry-Specific Regulations

Certain professions are governed by additional rules, and noncompliance may lead to operational shutdowns or licensing issues.

Attorney Peter J. Snyder works with Florida business owners to establish compliance processes that protect their operations and minimize exposure to legal problems.

How Attorney Peter J. Snyder Helps Florida Businesses Stay Legally Protected

With decades of experience serving businesses across Boca Raton and surrounding communities, attorney Snyder offers guidance that supports companies at every stage—from formation to succession planning. His business law services include:

Drafting and reviewing contracts for clarity and enforceability
Updating outdated agreements that no longer reflect current operations
Advising on compliance obligations under Florida law
Helping prevent disputes through proactive legal planning
Assisting with conflict resolution when disagreements arise
Guiding owners through restructuring, dissolution, or succession transitions

The firm’s mission is simple: to steer your company through the legal aspects of starting, growing, operating, and transitioning a business so you can stay focused on success.

Why Proactive Legal Planning Matters

Many business owners seek legal help only when a problem arises. However, proactive planning reduces the likelihood of disputes, lawsuits, or costly compliance failures. The right contracts and systems provide structure, clarity, and protection throughout your company’s lifecycle.

Attorney Snyder takes time to understand your goals, business model, and operational challenges so he can offer solutions that truly support your organization’s future.

Protect Your Florida Business with Strong Contracts and Legal Compliance

A legally sound business is a stable business. With the guidance of Peter J. Snyder, P.A. , you can build the foundation your company needs to operate confidently and avoid unnecessary legal risks.

�� Call 561-220-7765 to schedule a consultation and learn how Attorney Snyder can help safeguard your business with proper contracts and compliance strategies.

Probate Law : Understanding the Process and Your Role

Thu, 13 Nov 2025 18:45:01 GMT

Probate Law : Understanding the Process and Your Role

Losing a loved one is difficult enough without the added burden of navigating the legal system. Yet in Florida, the distribution of a person’s assets after death often requires probate —a court-supervised process that ensures debts are paid and property is transferred to heirs.

According to EstateExec, it takes an average of 16 months —or about 570 hours of work —to settle an estate in the U.S. This timeframe highlights how complex and time-consuming probate can be for surviving family members and personal representatives.

At Peter J. Snyder, P.A. , we help families in Boca Raton, Delray Beach, and Deerfield Beach understand the probate process and move through it with clarity and confidence.

What Is Probate?

Probate is the legal procedure through which a deceased person’s estate is administered. The process involves:

Validating the will (if one exists)
Appointing a personal representative (sometimes called an executor)
Identifying and valuing the estate’s assets
Notifying creditors and paying valid debts
Filing necessary court documents
Distributing remaining property to heirs and beneficiaries

Without proper guidance, probate can feel overwhelming—especially during a time of grief.

The Role of the Personal Representative

In Florida, the probate court appoints a personal representative to oversee the estate. If you’ve been nominated in a will, this role comes with significant legal responsibilities, including:

Safeguarding and inventorying the deceased’s property
Managing ongoing financial matters such as mortgages, taxes, or insurance
Addressing creditor claims and paying legitimate debts
Filing accountings and reports with the court
Distributing assets according to the will—or state law if no will exists

A personal representative is held to a fiduciary standard, meaning they must act in the best interest of the estate and its beneficiaries.

Common Challenges in Florida Probate

Even straightforward estates may encounter obstacles such as:

Disputes among heirs or beneficiaries
Creditors filing late or contested claims
Unclear or outdated wills
Property located in multiple states
Difficulty locating assets or financial accounts

Having an attorney guide you through these challenges can reduce delays and help ensure that the estate is properly administered.

How an Attorney Can Help

Working with a probate attorney provides several benefits:

Education and Guidance: Understanding your role and responsibilities as a personal representative.
Court Compliance: Ensuring all filings and notices meet Florida’s legal requirements.
Conflict Resolution: Addressing disputes before they escalate into costly litigation.
Efficiency: Streamlining tasks to reduce time and expense in the probate process.

Attorney Peter J. Snyder offers clear explanations and steady guidance at every step, helping families navigate probate while preserving relationships and reducing unnecessary stress.

Probate vs. Avoiding Probate

While probate is sometimes unavoidable, certain estate planning tools—such as living trusts, beneficiary designations, and joint ownership—can reduce the need for court involvement. This is why estate planning and probate often go hand-in-hand.

If you’re beginning the probate process or want to minimize its impact on your family in the future, consulting with a lawyer is a crucial step.

Serving Boca Raton and Surrounding Communities

Attorney Peter J. Snyder has been helping families in Boca Raton, Delray Beach, and Deerfield Beach for decades. Whether you are facing probate now or planning ahead for the future, he provides reliable legal counsel to help you make informed decisions with confidence.

Call Today for Guidance Through Probate

If you’ve been named as a personal representative or need support with probate in Florida, you don’t have to go through the process alone.

�� Call 561-220-7765 to schedule a consultation with Peter J. Snyder, P.A. and learn how probate works—and how to move forward with peace of mind.

Estate Planning Attorney in Boca Raton, Florida: Protect Your Legacy and Your Loved Ones

Thu, 16 Oct 2025 16:15:01 GMT

Estate Planning Attorney in Boca Raton, Florida: Protect Your Legacy and Your Loved Ones

Estate planning is more than preparing documents—it’s about protecting the people and values that matter most. In Florida, the probate process can be costly, time-consuming, and stressful for families. In fact, more than 133,000 probate cases were filed in the state in 2019, often leaving heirs waiting months or even years before receiving their inheritance.

With a purposeful estate plan, you can avoid unnecessary delays, reduce expenses, and give your loved ones the gift of peace of mind. At Peter J. Snyder, P.A. , we help individuals and families in Boca Raton, Delray Beach, and Deerfield Beach build estate plans that reflect their wishes and safeguard their legacy.

Why Estate Planning Matters

Without an estate plan , Florida law decides how your property is distributed. This often leads to:

Lengthy probate proceedings
Significant administrative costs that reduce your estate’s value
Disputes between family members over inheritance
Delays that prevent heirs from accessing funds when they may need them most

Creating a thoughtful estate plan means your assets pass more smoothly to those you choose, under the terms you decide.

Key Components of an Estate Plan

Wills

A last will and testament allows you to designate who will receive your property, name guardians for minor children, and outline your final wishes. Without a will, state law—not your preferences—controls these decisions.

Trusts

Trusts can help minimize probate involvement, reduce estate taxes, and offer flexibility in how and when your beneficiaries receive their inheritance. For families with property in multiple states or complex financial situations, trusts provide valuable continuity.

Powers of Attorney

Designating someone to handle financial and legal matters on your behalf ensures that your affairs are managed if you become incapacitated.

Health Care Directives

Living wills and health care surrogate designations guide medical decision-making if you cannot speak for yourself, helping loved ones honor your preferences without uncertainty.

Benefits of a Well-Structured Estate Plan

Avoiding or reducing probate: Prevent your estate from being tied up in court for months or years.
Reducing costs: Lower administrative fees and taxes so more of your estate goes to your beneficiaries.
Maintaining privacy: Probate records are public, but trusts and certain planning tools can keep your family’s financial matters confidential.
Protecting your loved ones: Clearly defined instructions reduce family disputes and provide peace of mind during a difficult time.

Updating Your Estate Plan

Life events such as marriage, divorce, the birth of a child, or acquiring new property often require changes to your estate plan. Reviewing your plan regularly ensures it continues to meet your needs and reflects your current wishes.

Why Work With an Estate Planning Attorney

While online forms may seem convenient, they often overlook Florida’s unique probate laws and requirements. Working with a lawyer ensures your documents are valid, enforceable, and tailored to your family’s circumstances.

For over 40 years , Attorney Peter J. Snyder has helped individuals and families in Boca Raton and surrounding communities create estate plans that honor their values and protect their legacies. He provides clear guidance at every step, helping clients understand their options and make informed decisions about the future.

Take the Next Step

Estate planning is one of the most meaningful steps you can take for yourself and your family. By planning today, you can save your loved ones from unnecessary stress tomorrow.

�� Call 561-220-7765 to schedule a consultation with Peter J. Snyder, P.A . and begin building an estate plan that gives you confidence and provides security for your family.

Understanding Real Estate Law in Florida: A Guide for Buyers and Sellers

Wed, 17 Sep 2025 15:19:04 GMT

Understanding Real Estate Law in Florida: A Guide for Buyers and Sellers

Buying or selling property in Florida is more than just signing a contract—it’s a legal process with rules, risks, and protections you need to understand. From title defects to association regulations, real estate law in Boca Raton and throughout South Florida requires careful attention. That’s why working with an experienced real estate law attorney can make the difference between a smooth closing and a costly dispute.

At Peter J. Snyder, P.A. , we believe in educating clients so they feel confident every step of the way. Below, we break down some key aspects of Florida real estate law and how a lawyer can help you protect your investment.

1. The Role of Contracts in Real Estate Deals

In Florida, most residential transactions use the “FAR/BAR” contract form. While it looks straightforward, it contains terms that can significantly affect your rights. Inspection periods, financing contingencies, and seller disclosures all have deadlines and conditions that, if missed, could put your deposit at risk.

Why it matters: Without legal guidance, you may sign a contract that favors the other party or leaves you exposed to liability.
How an attorney helps: Attorney Snyder reviews, explains, and negotiates contract terms so you know exactly what you’re agreeing to—and how to protect your earnest money.

2. Title Searches and Title Issues

A “clean” title means the seller has the legal right to transfer the property without hidden claims or liens. Title searches in Florida often reveal issues like unpaid taxes, contractor liens, or even old mortgages never properly released.

Why it matters: You don’t want to buy a property only to discover someone else has a legal claim against it.
How an attorney helps: We work with title professionals to identify and cure problems before closing. If the issue is complex, Attorney Snyder provides legal strategies—such as obtaining releases, negotiating settlements, or pursuing a quiet title action.

3. Florida’s Condominium and HOA Rules

South Florida is full of condominiums and homeowners’ associations. These communities often come with fees, restrictions, and approval requirements that can delay or even block a sale.

Why it matters: You need to know what rules, assessments, or association approvals apply before committing to buy.
How an attorney helps: We review association documents, explain the financial and legal obligations, and ensure you’re not surprised by hidden rules or unpaid assessments.

4. Landlord and Tenant Protections

Florida law lays out strict rules for landlords and tenants, especially when it comes to security deposits, maintenance, and evictions. Missteps can lead to costly lawsuits or loss of rental income.

Why it matters: Landlords risk liability if they mishandle security deposits or fail to follow eviction procedures.
How an attorney helps: Attorney Snyder represents landlords in drafting leases, resolving disputes, and pursuing evictions in compliance with Florida law.

5. Construction and Development Challenges

From building a new home to developing commercial property, construction projects often spark disputes over contracts, delays, or workmanship.

Why it matters: Without proper legal protections, you may face unexpected costs or unfinished work.
How an attorney helps: We draft and enforce construction contracts, handle lien claims, and represent clients in disputes through negotiation, mediation, or litigation.

Why Legal Guidance Is Essential

Real estate in Boca Raton, Delray Beach, and Deerfield Beach is competitive and fast-moving. Having a knowledgeable lawyer ensures you’re not just reacting to problems, but proactively protecting your rights.

Attorney Peter J. Snyder combines legal skill with a client-focused approach, helping individuals, families, and businesses make confident decisions in real estate matters.

Schedule a Consultation

Whether you’re purchasing a condo, selling a home, managing rental property, or facing a construction dispute, understanding Florida real estate law is the first step. The second step is having a trusted advocate by your side.

�� Call 561-220-7765 today to schedule a consultation with Peter J. Snyder, P.A. and get the legal clarity you deserve.

Title Disputes: When One Party Doesn’t Want to Sell

Wed, 07 Dec 2022 23:31:00 GMT

If you co-own a property and want to sell, but the other party doesn’t, you may wonder what your legal options are. The situation is quite common. When co-owners do not agree on the sale of the property, they may feel that litigation is the only option to resolve the dispute. However, that is not correct.

As a real estate attorney, Peter J. Snyder regularly handles title disputes that arise between property co-owners. Attorney Snyder helps clients resolve real estate disputes as swiftly and efficiently as possible. With an office in Boca Raton, Florida, Mr. Snyder works with clients in Delray Beach, Deerfield Beach, and the rest of the state.

Reasons One Person Won’t Sell

There are several reasons one person may refuse to sell the co-owned property when the person they share ownership with wants to sell. Common reasons one person won’t sell are:

Regardless of the reason why one party does not want to sell, the other party may wonder how to get out of co-ownership of property. In this situation, a partition may be the best option for everyone involved.

Understanding Partitions

At this point, you might ask, “ What can I do if I want to sell, but the co-owner doesn’t want to? ” You may need to opt for what is known as partition. The term “partition” refers to the process of dividing real/personal property owned by more than one individual or entity. A partition lawsuit can be filed when a title dispute arises. The purpose of partition is to divide the co-owned real estate or sell it and divide the proceeds.

Courts recognize three types of partitions:

Yes, a partition may be the only option to resolve a title dispute in which one co-owner does not want to sell the property. However, the partition process can be complicated and confusing, which is why you’ll need the assistance of an experienced real estate attorney to help you.

Dividing the Proceeds

Many people resolve title disputes by filing a partition lawsuit to force the sale of the property. If the sale of real estate is forced by the court, the proceeds will be divided among the co-owners based on their interest in the property. Before the proceeds are divided, attorney’s fees, referee’s fees, liens, commissions, and other sale-related costs will be deducted from the amount.

When dividing the proceeds, courts may consider a number of factors that may affect the co-owner's interest ownership. That is why consulting with a knowledgeable attorney is crucial to understand your rights when selling property and dividing the proceeds.

Turn to Peter J. Snyder, P.A.

When title disputes where one party does not want to sell arise, Peter J. Snyder has extensive experience representing both sides of the dispute. As a real estate attorney in Boca Raton, Florida, Attorney Snyder helps clients negotiate a favorable settlement and defend their interests in and out of court. Schedule a consultation with Mr. Snyder to discuss your unique case.

Necessary Inclusions in a Real Estate Contract

Wed, 31 Mar 2021 22:28:00 GMT

Real estate purchasers in Florida are often at a loss for understanding what conditions of the sale should be established in writing and included in the deal. Real estate transfers can appear as relatively simple transactions, but the truth is that they can be very complicated when misunderstandings exist between contracting agents. Although there are multiple details that should be included, there are three primary components that must be spelled out in writing for all parties.

Financing terms

Any real estate sales agreement will typically include a financing institution of some type even when the purchaser is making a significant down payment. Each party to the agreement should be listed with a designated purchase price and interest rate included in the mortgage. In addition, all real estate agents should be identified as well.

Home inspection report

All real estate structures are sold contingent on the building or home passing an inspection that must be completed prior to finalizing the transfer. A third-party inspection team can evaluate the home and check for items such as potential radon gas issues that cannot be noticed without special equipment. All structures must be up to code with any acceptable defects being identified to avoid any potential litigation for unforeseen problems.

Closing cost responsibility

One of the primary functions in any real estate transaction is performed by the attorney handling the closing. The closing designates when a sale goes to escrow and includes when payment will be made and official control is transferred to the new owners. Not all sales will go to escrow, but many do and it carries both advantages and disadvantages.

There are indeed multiple issues that must be stipulated in any comprehensive real estate contract, and having an experienced Florida real estate attorney is vital. Real estate deals can fall through when all potential issues are not addressed firsthand, and the ensuing litigation can be costly.

Who Can Be a Trustee in Florida?

Wed, 03 Mar 2021 23:25:00 GMT

Trusts can be a great tool for estate planning. In a trust, one party puts assets into an instrument that a trustee manages. This individual looks after the funds until they pass to a beneficiary. In Florida, almost anyone can be a trustee as long as he or she is an adult of sound mind. A corporation, like a bank, can also act as a trustee. So can a professional, like a lawyer. In some cases, testators choose a family member or friend to be a trustee.

How Revocable Trusts Work

Revocable trusts are instruments that allow people to pass assets on to their families quickly upon their death. After the creator’s death, funds in the trust don’t have to go through the process of probate . They can pass to the heirs quickly. Sometimes, people talk about tax benefits in association with revocable trusts. This is a complicated issue and should be discussed with an accountant.

A Trustee’s Duties

Being a trustee is a big responsibility. Trustees must invest and account for the funds entrusted to them. Upon the death of the trustor who created the revocable trust, they are responsible for paying taxes and expenses. Then they must make distributions to the heirs according to the wishes of the trustor.

During the time a trustee manages assets, he or she must deal with taxes. He or she also must communicate clearly with other involved parties, like beneficiaries. It can be a good idea to consider hiring a professional as a trustee. An attorney understands the fiduciary duties required of a trustee. A lawyer may also be able to provide advice about effective estate planning in general.

When Can You Contest a Will?

Wed, 03 Mar 2021 23:22:00 GMT

Your loved one’s will in Florida doesn’t have to be the last word on their estate. You can’t contest the will because you don’t like the outcome, but you could contest the will if you suspect that it’s not legally binding. A judge might use an earlier version of the will or distribute your loved one’s assets according to state law instead.

When Can You Challenge a Will?

During probate, you could contest a will if you believe that it’s not legally binding. Even a relatively minor issue like not having enough witnesses could invalidate their will. In Florida, your loved one needs to find two objective witnesses who can watch them officially sign the will. Your loved one also has to follow specific procedures to show that they’re acting of their own free will.

You could also contest the will if you suspect that you’re dealing with a fraudulent will. For example, a third party could have written a fake will that gives them most of your loved one’s assets. They might tell your loved one to sign the document, claiming that it’s something completely different. Your loved one signs the will without realizing that they just gave away most of their estate. A probate attorney could help you prove that your relative signed a fraudulent will.

Is Contesting a Will Worth the Effort?

Even with an attorney’s help, contesting a will is a long process that can delay probate for weeks or months. Some people contest wills because they’re not satisfied with the inheritance that they received. For a successful will contest, you’ll have to prove that your loved one was tricked or misled somehow. Otherwise, the judge might rule that the current will is valid even if the heirs aren’t happy with the outcome.

Best Time of Year to Sell a Home in Florida

Mon, 08 Feb 2021 23:20:00 GMT

Many people looking to sell their home falsely believe that they have a short window to do so each year. However, sellers in Florida should inform themselves of the benefits of marketing their home during every season.

Spring

Selling your home during the spring allows nature to help you improve your curb appeal. When people pull into the driveway to check out your home, they will take note of colorful flowers and other scenery that work together to make your home more appealing. It is also worth noting that industry experts say that spring is the season with the most home buyers.

Summer

When all the buyers who don’t find what they’re looking for during spring get more determined than ever to buy a new home, the summer market heats up. Depending on your market, if home prices are high during the spring, you may be able to get even more out of your home by waiting to sell during the summer.

Autumn

Typically, the people who look for a home to buy during autumn are more serious about finishing a deal. While the market may be flooded with buyers who are “just looking” in spring and summer, fall home buyers are typically motivated to get the deal done. Whether it’s because they lost a bid during the warmer months or because they decided to wait, autumn provides a great chance to sell your home.

Winter

Some buyers want to be in a new home before the holidays so they can plan family festivities. Having your home on the market during winter may reduce curb appeal, but you can have it staged in a way that illustrates holiday warmth. There may not be as many buyers during winter, but the ones who are looking will be determined.

While your real estate agent can provide invaluable information, don’t be afraid to also employ the services of an attorney who knows Florida real estate law. This attorney can help in reviewing contracts and ensure that everything is operating within the framework of the law.

Commercial Real Estate Investing in Boca Raton, FL

Thu, 14 Jan 2021 23:17:00 GMT

Commercial real estate also referred to as CRE, has recently become a more popular choice among real estate investors thanks to its growth potential and ability to provide passive income. If you are considering investing in CRE in Boca Raton, Florida, there are certain things you should know before you begin your career as a real estate investor.

Different Types of Commercial Real Estate

While residential real estate is a pretty cut and dried proposition, commercial real estate has many more possibilities. Multifamily, special purpose, industrial and office spaces are all types of commercial real estate . Each carries with it its own list of pros and cons, so you should do your homework on all your options.

Study Your Market

If you live in an area with very few families looking to rent an apartment, you probably shouldn’t invest in a multifamily apartment building. Knowing what type of properties are profitable in your target market can be the difference between success and failure as a real estate investor.

Study Your Property

Once you select the property in which you want to invest, you should take advantage of what investors call a “period of due diligence.” During this part of the process, you will need to carefully review financial statements pertaining to the subject property, conduct a feasibility survey and perform any other research needed to protect your investment.

All real estate transactions constitute both business and legal proceedings. If you are going to dive into the world of commercial real estate investing, you should also invest in an attorney who knows the laws that govern real estate in your state. A lawyer can help you gather information about a subject property and ensure that you are operating within the framework of the law as an investor.

The Drawbacks to A Do-It-Yourself Estate Plan

Wed, 30 Dec 2020 22:42:00 GMT

People in Florida who are wondering whether they should simply write their own will or estate plan without seeking legal assistance should keep in mind that not everything that is permissible is necessarily a good idea. Preparing a do-it-yourself estate plan might be one of those things.

The Basics of Estate Planning

Some people might assume that they do not need an estate plan because they have few possessions of value and they think of an estate plan as synonymous with a will. In fact, there is a lot more to estate planning. At a minimum, you might want to consider who you want to make health care decisions for you if you are unable to do so. You might also want to think about whether you wish to appoint a loved one to manage your finances if you are incapacitated. For example, if you share a home with someone else and you become incapacitated, the other party might be unable to access your bank account to pay rent and other bills without a financial power of attorney.

Other Complications

Not knowing what may be necessary based on your situation is one danger of creating an estate plan on your own. Another is preparing the documents improperly. You might use the wrong legal language or make other errors, such as not realizing that any beneficiary designations you have completed may override your instructions in a last will and testament.

Getting Legal Help

Preparing an estate plan is a complex process. Most people are not aware of the types of documents they need or what strategies could be effective based on their particular circumstances. An attorney may be able to help in preparing a simple estate plan or with a more complex one that involves a trust and other documents.

Reasons Why Your Estate Might Be Subject to Probate

Tue, 22 Dec 2020 22:39:00 GMT

If you are a Florida resident when you die and own any property in your own name without naming a beneficiary, your estate will be subject to administration, also known as probate. This is generally true whether you die with or without a valid will. A probate proceeding may also need to be initiated if you own real estate with another person. However, probate may be avoided by owning property in a revocable living trust.

What Happens During a Probate Proceeding?

The overall goal of probate is to transfer assets from your estate to beneficiaries as directed in your will or in accordance with state intestacy laws. State intestacy laws will also likely determine who gets your property if your will is found to be invalid.

What Happens if A Beneficiary Dies Before You Do?

In most cases, you must name your spouse as the beneficiary of a 401(k). If they were to die before you do, the asset would go back into your estate, assuming that there were no alternate beneficiaries with a claim to it.

Ownership Rights to A Home Can Be Passed Through a Will or Trust

If a home is titled as a tenancy in common, your ownership interest in that property isn’t necessarily acquired by the other owner or owners. Instead, you have the option of passing it to an adult child or anyone else who is legally allowed to receive and own property. In the event that the ownership interest is placed in a trust, there would be no need for probate as it is not being held in your estate.

A probate administration attorney may help you learn more about what the process entails. This attorney might review your will or other estate plan documents to determine if they adhere to state law. He or she may also answer any questions that your estate representative has about how to settle your affairs in a timely manner.

Is DIY Estate Planning a Good Idea?

Tue, 15 Dec 2020 22:36:00 GMT

Planning your will in Florida allows you the opportunity to make sure things go smoothly for your family members after you pass. An improperly or incorrectly executed will could end up failing to achieve your goal of having your wishes followed.

What Is DIY Estate Planning?

Do-it-yourself or DIY estate planning has become more popular in recent years due to its lower cost. A DIY will is created entirely online by the person who is creating his or her last will and testament. While it might be tempting to go this route, there are several potential dangers of DIY estate planning to be aware of.

The biggest issue with a DIY will is that simple mistakes in wording can lead to major hassles for your family down the road. For example, if you name your children as beneficiaries in your DIY will, you might automatically assume that they’ll outlive you. If you use a DIY planning document and fail to ask yourself several “what if” scenarios such as what if your child or spouse passes before you do, it could lead to much confusion for surviving family members.

Another risk of DIY estate planning is a lack of thorough understanding of how the legal process works upon one’s death or incapacity. The entire purpose of estate planning is to prevent conflict with your family in the future. DIY planning can fail to achieve this purpose and even make matters much worse and more costly for your loved ones. A worst-case scenario is that major mistakes won’t be discovered until it’s too late, and your family will be left to deal with the aftermath.

When Should You Think About Estate Planning?

You’ve worked hard for your possessions, and now is the right time to think about estate planning. For assistance with basic estate planning , consider consulting with an attorney.

Understanding the Process of A Commercial Real Estate Disposition

Wed, 11 Nov 2020 22:31:00 GMT

There are many moving parts within the commercial aspect of Florida real estate. Some aspects can be used to improve a home’s value while others allow the owner to utilize the property for the pursuit of a business venture. Of these includes the disposition of real estate. This is when you liquidate property to obtain additional cash. The following includes further information on this term as well as tips on how to properly navigate it to ensure the best results possible.

What Is a Disposition in Real Estate ?

Disposition in real estate is the process of liquidating assets in order to obtain cash quickly. People will use these funds to expand their business or simply have additional cash on hand. Disposition is often thought of as the last step in investing in real estate. You’ve probably heard the process before as it is often mentioned in popular television shows as a “fix and flip.” Investors purchase a property, fix it and then flip it to obtain a profit.

Tips to Keep in Mind

Timing is an incredibly important part of when you should sell a property. This is why it is important to hire a commercial broker to educate you on your location’s market. A broker may also teach you about playing hard to get. Although you don’t want to take the first offer that is presented to you, it is important to keep buyers up to date about the deal.

Another important tip is to have all your documents ready to go. This is imperative because you want to be transparent with your real estate agent and any buyers that place an offer. It may also keep you safe from potential lawsuits regarding your property’s condition or occupants.

As you can see, there are many aspects of this process. Having legal assistance from an attorney may place you in a better position to see a positive end result.

Can Account Beneficiaries Override Your Will?

Wed, 28 Oct 2020 23:36:00 GMT

When you’re writing a will in Florida, it might seem safe to assume that your will overrides everything, even the beneficiaries on certain accounts. However, there are situations where account beneficiaries can override your will. Here’s what you need to know about wills and beneficiaries.

When Can Account Beneficiaries Override a Will?

During the estate planning process, you’ll want to review your accounts and make sure they have the correct beneficiary. This is especially important if you’ve filed for divorce and still have your former spouse listed as your beneficiary.

For example, if you die, your retirement fund will go to your named beneficiary. Even if you list something different in your will, the fund will go to whoever you named on the account. However, you can make your will part of your estate by naming your estate as the beneficiary or declining to name a beneficiary to begin with.

Likewise, bank accounts can only be delivered to the person who’s named as the beneficiary. Since these aren’t part of your estate, you’ll have to make sure that your beneficiary is up-to-date and review it if necessary. Otherwise, your bank account savings might go to someone that you divorced or removed from your will.

Who Can Help You with Estate Planning?

If you’re not sure how to navigate the complex process of planning your estate, an attorney might help you get your affairs in order. Your attorney might help you take stock of your assets and write a will that divides up your estate. If you’ve already written a will, your attorney may help you review it and ensure that it’s up to date. Your attorney could also help you with other aspects of estate planning like writing a living will and choosing someone to be your healthcare proxy.

The Importance of An Updated Estate Plan when Remarrying

Sun, 18 Oct 2020 23:31:00 GMT

The increase in divorces that involve “older” Americans has caused a noticeable rise in the number of remarriages of seniors in Florida and throughout the country. Despite this fact, many of these seniors take a passive approach to changing their estate plans to reflect this life change.

Estate planning can become a complicated process in all situations. But older individuals entering into a new marriage face complications that, if not handled correctly, can result in trouble for the children they have from their first marriage, their new spouse, or someone else they love.

Planning Ahead as A Smart Start

Individuals who die without updating their will may inadvertently set the stage for a battle between their children and the new spouse. If the only beneficiaries named in the will are children, a spouse could find themselves in a bad spot financially if the children do not decide to provide for them. It is much better to customize the plan to allow for a fair distribution of assets between a new spouse and children from a previous marriage.

Ensure Your Children Are Looked After

Another common mistake individuals make when entering into a second marriage is assuming that their new spouse will look out for the interest of their children from a first marriage. Many children have suffered misfortune because a deceased parent left assets for children and a spouse to share.

Estate planners may also forget to factor in the depletion of assets when planning for the future of their children. For example, a planner may leave assets to a spouse with the intent of the spouse turning the assets over to the children when they die. However, the planner may pass on assets with less value once it is in the hands of the children.

Many factors must be considered by estate planners deciding how to distribute assets after their death. An attorney experienced with the estate planning process will likely be of benefit to individuals tasked with providing for the future of their family after they are gone.

The Potential Benefits of An Estate Plan

Sat, 19 Sep 2020 23:27:00 GMT

Creating a will or trust may help you to avoid Florida intestacy laws that dictate where your assets go if you die without an estate plan. In addition to giving you more control over your property after you pass away, it can help you achieve various objectives during your lifetime.

Estate Plans Can Help You Provide for A Spouse or Child

You may be able to leave assets to a spouse, child or other family member through a will or trust. Providing gifts to an adult child, spouse or other individuals may enable you to improve their lives while also minimizing gift or estate taxes after you die.

Designate Someone Who Can Manage Your Affairs

Creating a trust can make it easier to manage your affairs if your become incapacitated. This is because you can appoint a trusted individual to oversee your assets, make sure that bills are paid or take care of other tasks on your behalf. You can also appoint an individual under a power of attorney to oversee your medical treatment while you are mentally or physically unable to do so on your own.

Review Your Estate Plan Once a Year

There is a chance that some or all of your estate plan could be rendered invalid or obsolete as time passes. Therefore, it is a good idea to review your plan once a year to ensure that it still meets your needs as it is currently structured.

Creating a will or trust are among the basic estate planning steps that may help you gain more control over your assets. An attorney may be able to help you create these plan documents or learn more about the potential benefits of having them.

Issues when An Executor Dies

Thu, 17 Sep 2020 23:23:00 GMT

Everyone in Florida should understand the importance of estate planning. Any adult, especially one with children, should have a plan for the worst-case scenario. The most well-known estate planning document is a last will and testament. In a will, the creator can outline how they want their assets to be distributed. They can also name a guardian for their minor children. Another important part of a will is the naming of an executor.

The Ins and Outs Being an Executor

An executor is the person who carries out the decedent’s wishes that are outlined in the will. This individual must be of sound mind and body to carry out these instructions. Sometimes, that’s not the case. An executor may be ill, suffering from dementia or otherwise not capable of carrying out these duties. There are even cases where the executor dies before the creator of the will.

In those cases, the court will evaluate the will. If a co-executor or alternate executor is named and is competent, they can be appointed. If not, a judge may appoint another individual or even a law firm with estate planning experience to act as executor. The same process applies if the executor dies or becomes incapacitated during the time the will is in probate. In those cases, the executor’s lawyer takes charge of documents, then passes them on to the new appointee.

Even basic estate planning can be challenging, both emotionally and practically. It’s always prudent to include an alternate executor in the document as a back-up plan. And it’s never a bad idea to seek legal advice when writing a will. An experienced lawyer could guide you through the estate planning process.

The Differences Between Wills and Living Wills

Thu, 10 Sep 2020 23:20:00 GMT

It’s important to have an estate plan whether you are enjoying your golden years on a Florida beach or are a recent college graduate beginning your adult life. Ideally, you will have both a will and a living will as part of the plan.

What You Need to Know About Wills

A will allows you to dictate where your assets go and who will raise your minor children after you die. It also allows you to appoint someone to oversee your estate during probate. Generally speaking, anyone who is 18 and older and of sound mind can create a will. It may also be necessary to have the document signed by at least two witnesses who don’t have an interest in your estate. If you don’t have a valid will when you die, state law will determine how your estate is administered.

What You Should Know About Living Wills

A living will allows you to articulate the level of medical care that you would like to receive if you can’t express those thoughts on your own. The document may specify whether you would like to receive treatment to prolong your life such as being put on a respirator. As with a traditional will, the living will must be signed by two witnesses to be considered valid, and those two witnesses generally cannot be your personal physicians.

If you have questions about meeting your basic estate planning needs, an attorney may be able to help. This person may offer insight into the potential benefits of having a will or living will, and a legal professional may also be able to assist in the process of drafting or reviewing these documents. It is possible for a legal representative to serve as your estate executor during the probate process.

Estate Planning Basics Everyone Should Know

Fri, 04 Sep 2020 23:17:00 GMT

Everyone in Florida should have an estate plan. That’s true even for people who don’t have a lot of assets. Estate planning can sound very complicated, and in some cases, it is. When people have numerous assets or own their own businesses, there are a lot of possible claimants on their property. However, even for people who work for someone else and rent their homes, estate planning is essential.

A Will Is a Must

At the very least, everyone should have a will. A last will and testament is a document that provides instructions for after someone’s death. In a will, people can determine who gets what after they die. This isn’t just limited to things; a will also distributes money and accounts. Finally, and most importantly, people outline in a will who should have custody of their minor children if something happens to them.

Risking It All

People who don’t write wills may not have their wishes respected after they die. Those who pass away with no plans in place are deemed “intestate.” When that happens, the state takes over and distributes their assets according to general guidelines. For many families, this process is inadequate and could leave everyone feeling unhappy. Writing a last will and testament is a great way to give loved ones peace of mind. It’s both the simplest and most basic estate planning step that everyone should take.

People with simple estates often feel confident writing a will themselves. However, for people who have questions or who own a lot of property, it can be wise to consult a lawyer. Estate planning attorneys have the skills and resources needed to provide advice and handle complicated situations.

Have You Catered for Your Digital Presence in The Estate Plan?

Wed, 19 Aug 2020 23:14:00 GMT

These days, a Florida resident’s online presence is as, if not more, important than their actual physical presence. According to some experts, someone under the age of 70 most likely has 160 digital accounts. Keeping track of these accounts, passwords and information is tricky enough when one is doing it him or herself, but what happens if someone passes away without disclosing all necessary information for accessing and protecting these accounts to loved ones?

What Are Digital Assets?

In their simplest form, digital assets contain information stored in an electronic record. This could be on the computer, cloud, memory sticks or online. This means pictures, reward points, banks, cryptocurrency, digital collectibles, social media activity, e-books, music libraries, websites, personal information—the list can go on and on, depending on one’s individual circumstances. Given how important one’s digital assets are, it is important to include provisions in one’s estate plan on how they can be accessed, controlled and protected.

Including Digital Assets in The Estate Plan

One should consider making an inventory of their accounts and assets to make it easier for beneficiaries to know where to find them and how to access them. Otherwise, access can be lost while loved ones try to discover accounts and passwords. Its important to keep in mind that a simple will may not be enough to protect an individual’s digital life and assets. While it should definitely be a starting point and define what digital assets are and who the beneficiaries are, that is not enough. Someone else accessing personal information might result in a violation of service agreements or state laws. Similarly, family members may not know how to handle the decedent’s social media presence after their demise.

A digital estate plan is just as important as a physical one, especially as more and more information migrates online. While it is convenient to think loved ones can manage everything on their own, without proper instructions and access that conforms to state law, one’s digital assets may be lost or invaluable time and effort lost trying to gain access to them. An experienced attorney can explain the nuances involved in creating a comprehensive estate plan.

Not Everyone in Probate Is an Interested Party

Tue, 18 Aug 2020 23:10:00 GMT

Florida wills can be challenged in court during probate litigation. However, there is a limited number of potential challengers to the terms of the will. If a person or entity is not an interested party, the court will not hear what they have to say, and they cannot participate in the probate process.

Whether one is an interested party depends on their economic interest in the estate. The first requirement is that their finances are directly affected by the proceeding. Creditors are non-family actors that are allowed to be a part of probate. Those who are named in the will are also interested parties. Close family members who have been left out of the will may also be able to be heard in court depending on the circumstances. The law wants people to be able to argue their case but does not want to bog down the estate by allowing everyone to challenge it.

The court will decide the matter of interested parties early in the process. This allows the judge to disqualify certain participants if they do not meet the threshold. Once the court determines that someone is not an interested party, their position will not be heard on the merits. Thus, many will contests are actually decided at the outset when the court rules whether the petitioner is an interested party. This narrows who can challenge the will.

Those who are involved in probate litigation may want to retain an attorney to represent their position in court. The decisions that they make in the probate process will affect how their finances are affected by the proceedings. The attorney might help their client try to settle the case out of court. If there is no agreement, the lawyer may argue their client’s position in front of the judge when a will is contested.

Young Adults and Estate Planning: Grasping the Basics Sooner

Mon, 10 Aug 2020 23:07:00 GMT

Young adults in their 20s and 30s who are interested in finding out more about estate planning in Florida are setting themselves up for a secure future for their families and themselves. By getting his or her affairs in order at an early age, an individual is more likely to be prepared for both the inevitable and unpredictable. Here is some information about the basics of estate planning.

Durable power of attorney is a document that gives a family member or a third party the ability to make decisions on behalf of an individual in case he or she becomes incapacitated in some manner. Businesspeople set this up when they travel, for example. While they are abroad, their assigned representatives have the power to complete transactions on their behalf.

A living will is a document that gives a family member or a third party the power to make medical decisions on behalf of someone in case he or she becomes incapacitated. This is commonly used when individuals are in a coma for an extended period.

A will is the foundation document of estate planning. This is the set of instructions that an individual leaves behind. It tells the executor how to disperse the assets left behind. It also appoints a guardian for any minor children. A revocable trust is not needed by everyone. To find out if you do, you are encouraged to speak with a legal professional who specializes in estate planning.

For more information about planning your estate, a legal professional is a great source. Some estates are more complicated than others. The size of the assets is going to determine how much paperwork is going to be necessary. Business owners, for example, also have to think about succession planning. There are insurance and tax concerns to go over. Young adults have the time to complete this process in steps.

What to Know Before Investing in Commercial Real Estate

Wed, 29 Jul 2020 23:04:00 GMT

People who want to invest in commercial real estate in Florida need to understand several things before they jump in. While these types of investments can provide consistent returns, some are better than others. Understanding how they work is the key to success or failure.

The first thing that prospective investors should understand is that commercial properties are not all the same. They should familiarize themselves with the various asset classes and research how they are performing in the local market. For example, industrial properties are currently performing the best, and retail properties are performing the worst.

Investors should research the market to understand the local supply and demand. For example, investing in an office property in an area in which there is a glut of available office space might not be a good idea. They should look for a property type that is in demand and for which the supply is relatively low. They should also consider the market cycles for the area. Many properties will go through a profitability cycle, and people should avoid buying when the market is high or selling when it is low. Prospective investors should thoroughly conduct due diligence on any property that they are considering before they invest.

Commercial real estate investments can be potentially lucrative. However, they can also lead to substantial losses when people are not careful before they invest. People who are considering commercial real estate investments may benefit from working with an experienced real estate attorney. A lawyer may help clients analyze the local market so that they understand the area supply and demand and which types of commercial properties are performing well. They might help their clients to identify target properties and conduct due diligence to ensure that there aren’t any hidden problems that could negatively impact their clients’ investments.

Estate Planning for Business and Non-Business Owners

Wed, 08 Jul 2020 00:22:00 GMT

Though Florida already has better tax laws than many other states, having an estate plan is beneficial in several ways, beyond just saving money in taxes. Without a last will and testament in place, a person’s assets are “intestate,” and they are passed on according to a certain order of succession as set forth by Florida law. Having a will or a trust helps ensure that the right people get control of a person’s assets after that person’s death.

Creating an estate plan is particularly important for business owners. Even people familiar with basic estate planning may not be aware of the protections available for businesses. For instance, key person insurance that names a business as a beneficiary can provide coverage for business expenses if the person who owns the business dies or becomes incapacitated. Business owners should also consider drafting a succession plan, which spells out who they want to take over the business or what they want to happen to the business after they are no longer in charge.

Both business owners and non-business owners may want to consider giving someone the power of attorney over their financial and medical decisions if they are unable to do so. Similarly, an advance healthcare directive directs others as to how a person wants to be treated medically in an end-of-life situation (such as when and whether to resuscitate).

There are also other types of insurance policies to consider if a person has dependents, such as life or disability insurance. When it comes to the distribution of assets, individuals may want to seek assistance from an estate planning attorney to determine whether they would rather have a will or a trust fund. If a trust fund is a better option, an attorney can help explain the differences between different types of funds, like revocable and irrevocable living trusts.

What Happens when A Person Dies without A Will?

Wed, 24 Jun 2020 00:18:00 GMT

Perhaps the best way to explain the importance of developing an estate plan is to discuss what happens when a person passes away without one.

When examining a will and other estate planning documents, Florida probate courts refer to the deceased person as the “testator.” If a person dies without having created a will, they are said to have died “intestate.” A testator’s estate is distributed according to their estate plan, but if there is no will, the administration of the estate is governed by Florida’s law of intestate succession.

Essentially, the law of intestate succession creates a will for a person if they didn’t leave one of their own. It lays out an order of who will inherit the estate, according to the person’s family tree. Sometimes this leads to results that are similar to what the person would have wanted. Sometimes it leads to something very different. According to the unique facts of the case, much or all of the estate may go to an estranged spouse or a distant relative.

Another problem with intestate succession is simply that it takes time, and time is money. The money for court fees and other costs comes out of the estate. In many cases, this can mean little or nothing of the estate is left to go to the heirs.

The Spouse’s Elective Share

Intestate succession begins with a provision for the surviving spouse of the deceased. This is considered an “elective” share, meaning that the spouse can choose to take it or not.

If the deceased has no surviving children, or if all the surviving children are also the children of the spouse, the spouse gets the entirety of the estate. If the deceased has surviving children who are not also the children of the surviving spouse, the surviving spouse gets half the estate. And if the surviving spouse has surviving children who are not also the children of the deceased, the spouse get half the estate. The other half is divided between the surviving children and other heirs.

It’s relatively easy to see how this might play out in a case involving a family where both spouses had children from previous marriages. In such a case, the surviving spouse could elect to take half of the estate, leaving the rest to be divided among the children of the deceased spouse. Stepchildren could be left out.

Other Heirs

If there is no surviving spouse, succession goes first to any surviving children and descendants of the deceased, with each branch of the family receiving an equal share. If the deceased left no surviving children, the law of intestate succession dictates where on the family tree the court should look next.

The process can quickly get complicated, especially in cases with large extended families, where all the parties may not even know each other. These complicated cases take more time, and are therefore more expensive to resolve.

By creating your own estate plan, you allow your loved ones to avoid these complications and frustrations.

The Basics of Creating an Estate Plan

Tue, 23 Jun 2020 00:14:00 GMT

People in Florida who are creating an estate plan may start with a last will and testament, which can appoint guardians for children and an executor to manage the estate. The will might also name the beneficiaries who should receive certain assets. For people who want assets to pass without going through the probate process, a revocable trust may be a better option. Trusts may also be useful in other situations, such as if there is an irresponsible family member. That person’s inheritance could be placed in a trust and managed by a trustee.

Beneficiary designations are used to pass some types of assets, such as life insurance and retirement accounts. These need to be updated regularly since they override instructions in a will or a trust.

There are steps that people can take to make the process of dealing with the estate less difficult for their loved ones. Working with an attorney may help ensure that documents are prepared correctly. A list of beneficiaries’ contact information makes them easy to reach.

Another important element of estate planning is preparing for the possibility of becoming incapacitated. A durable power of attorney appoints someone to manage a person’s financial affairs while a health care power of attorney chooses someone to make medical decisions. A living will can outline the person’s end-of-life care instructions.

Even people who only need basic estate planning because they have few assets and no dependents may benefit from working with an attorney. For example, a recent high school or college graduate may not be wealthy but might still have sentimental items that they want to go to specific friends and loved ones. A will can do this. The individual might also want to designate parents, a sibling or a partner to make health care decisions on their behalf.

Why an Estate Plan Is Important

Tue, 09 Jun 2020 00:12:00 GMT

When people in Florida die without an estate plan in place, the state determines what happens to their assets. These assets may end up going to family members who were not intended to have them while others get nothing. This is one reason it is important to have an estate plan. An estate plan can also be important in making arrangements in case an individual becomes incapacitated.

While there are do-it-yourself estate plans, the disadvantage is that they could be limited in the situations they cover. An attorney may be able to assist a person in creating a will and other documents to suit their exact needs. A will can name what will happen to property, but some assets, such as retirement accounts, pass by beneficiary designation. People need to choose an executor, the person who will be in charge of submitting the will for probate, finding and securing assets, paying creditors, filing taxes and distributing assets to beneficiaries. People may also want to create a list of documents relating to these assets so that they will be easy to find.

Some people might have beneficiaries who are irresponsible with money. Trusts can manage how distributions are made to these individuals. Other documents include a living will, which has instructions on end-of-life care, and a financial power of attorney so that someone can take over finances if the person is incapacitated.

Even for people who do not have many assets, estate planning is important. A will can be used to designate a guardian for any minor children, and even if there are just a few assets, such as a vehicle and a bank account, the will can name beneficiaries. Appointing people to manage health care and finances in case of incapacity can be important in a basic estate plan as well.

Estate Planning Is More Vital than Many Know

Fri, 22 May 2020 00:09:00 GMT

Many people in Florida hesitate to begin the process of estate planning for various reasons. Common excuses include the fact that they think that estate planning is only for the wealthy or that it is too hard. However, both of these are misconceptions that should not stand in the way of estate planning.

The first thing to know is that assets are just one part of estate planning. There may be other things such as advance care directive and care for minor children that may be important even if the family is not wealthy. Second, even more limited assets will need to be distributed, and probate is a difficult process no matter the size of the estate. Third, estate planning is easier than one thinks.

The key to estate planning is preparation and education. One should make an inventory of both their assets and the people that their estate plan needs to address. Then, they should take the time to study the options that are available to them, learning more about each one on the way. Then, they should formalize the estate plan and execute the documents. Finally, they should periodically reevaluate their plan based on changes in their life. When one realizes that estate planning is simply a function of being methodical and informed, it is much easier to decide to begin the process.

To begin the process of basic estate planning, one should consult with an attorney for advice and suggestions on how to think of and address their estate planning needs. The attorney may bring various options to their client’s attention that allow them to start to formalize their estate plan. After that, the attorney could assist their client in drafting the relevant estate planning documents to ensure that everything is done correctly and according to the law.

Selling Estate Property Can Take Some Time

Sat, 09 May 2020 00:05:00 GMT

When a loved one passes in Florida, the beneficiaries often want to start the process of selling off part of the estate. However, this cannot always happen in short order according to desired timeframe. The estate must be settled before parts can be sold off, and the executor must be consulted first.

When an estate goes through probate, creditors can given a chance to make their claims against an estate. They must be paid first out of the assets of the estate. It is only once they receive their payment that beneficiaries can receive their money. This is the first step that must be taken.

Then, the executor must oversee any sales of part of the estate. This is particularly true when dealing with a major asset such as the home. Once the Grant of Probate is given, it is the executor who has the authority to settle the estate. Family members cannot work on their own but must include the executor in the process of working with the real estate agent and listing the home.

The executor will be managing the process in accordance with the terms of the will left by the deceased. If no will was left, it is the court that will be involved in the process and must be consulted before anything is done with the estate.

To best understand how an estate is settled after someone dies, it is best to consult with a probate attorney. This can be a technical process that many people do not understand. The attorney could educate their client and represent their interests as the estate is settled. Many estates are settled harmoniously and without any problems. However, some estates end up in litigation. In those instances, it may be vital to have the services of an attorney.

Can I Revoke a Power of Attorney?

Thu, 07 May 2020 00:02:00 GMT

Assigning power of attorney duties in an estate plan is a wise decision to ensure someone you trust has authority to make financial decisions on your behalf. However, circumstances change over time, and there may be reason to reassess your power of attorney appointments.

For instance, you may decide to revoke or change the designated agent as your power of attorney at some point. You might decide to do so because of changes in your relationship with your appointed agent, changes in your wishes or other conditions that warrant revisiting this appointment. If you wish to revoke a power of attorney, there are some things you should know.

How to Do It

As the principal or the person who authorized the agent to act on your behalf, you have the right to revoke your power of attorney under state laws. To do so, you must put your wishes in writing. You may do this when you assign a power of attorney to someone else or in another written document. You should sign and date the documents.

When You Cannot Do It

You cannot revoke a power of attorney if you are mentally unsound or incompetent. In fact, if you set up a durable power of attorney, the agent’s duties are not affected if you become incapacitated. As such, if you wish to change these appointments, it is best to do so sooner, rather than later.

Other Important Elements to Note

It is important to understand that there are different types of powers of attorney. As such, an alternative to revoking a power of attorney could be to change the specific powers without revoking the authority entirely.

You might also decide to give multiple parties powers of attorney. If you decide to do this, you should specify which duties each person has and whether they must make decisions together or may do so individually.

An agent acting under a power of attorney is an important role. As such, it is crucial that you assign these powers thoughtfully and review them regularly. If anything changes, you may want to discuss your alternatives with an experienced estate planning attorney to ensure that your wishes continue to be honored.

More Common Mistakes Involving Estate Planning

Wed, 06 May 2020 23:48:00 GMT

It is important to plan for the ideal future, but to also have contingencies in place if (and when) the story deviates from the desired narrative. This is where estate planning comes in – it enables individuals and couples to plan for such eventualities as death as well as such potential issues as illness and incapacitation. While many assume that estate planning is for families with complex estates, it can be useful to nearly every family for avoiding potential legal issues, unnecessary expenses and other important matters.

It was about a year ago that we outlined three common estate planning mistakes. These were:

Other Mistakes to Avoid

There are other matters to consider when creating or updating an estate plan. These include:

Start by Meeting with An Estate Planning Lawyer

Sitting down with a knowledgeable estate law attorney here in Florida is the beginning of a process that is both meaningful and liberating. An attorney with experience in this area can guide clients through the decision-making process and provide options that fit their goals. They can also offer a variety of services to the family as it goes through probate and addresses other matters. It all adds up to peace of mind for the client as well as their family.

How to Avoid Probate Proceedings in Florida

Wed, 06 May 2020 23:44:00 GMT

Probate can be an expensive and time-consuming process in Florida by dictating when, where and how to distribute a person’s assets after their death. Surviving family members and other interested parties can trigger a probate process over the distribution of the deceased person’s estate.

However, many people do not take advantage of the steps that are available to avoid Florida probate. Each estate is different and what works best depends upon many factors. Still, there are four basic ways to avoid probate:

Sell All Florida Property

If the benefactor isn’t a Florida resident but owns property in the Sunshine State, they could face ancillary probate, which is a secondary probate proceeding in addition to their home state. It might not make sense to some but gifting their Florida property to children or other beneficiaries could help them avoid Florida probate.

Joint Ownership with Rights of Survivorship

By adding another owner to a property’s deed or bank and investment accounts, a person can avoid Florida probate as all property will go to the co-owner(s). Spouses in Florida can fill out a special form called “tenancy by the entirety” to pass along these assets.

Beneficiary Designations for Life Estate Deeds

Assets such as IRAs, 401(k)s and other retirement accounts avoid probate by using beneficiary designations. Florida also allows the following:

Revocable Living Trust

This written agreement in an estate plan enables a person to control their assets while they are alive, if they become incapacitated and after they die. The trust will also keep a person’s estate plan from public scrutiny as it places the plan outside probate court records, which are public documents.

Seek Legal Expertise for Probate Options

Probate proceedings can be lengthy and costly, and they make specific details of a person’s estate open to public scrutiny by going through the courts. Seeking the advice of an experienced estate planning attorney here in Florida can help bring a smooth transition after the death of a loved one and honor their final wishes.

Selecting the Right Guardian for Older Adults

Wed, 06 May 2020 23:40:00 GMT

As older adults’ lives wind down, their physical and mental abilities decline. Cooking, cleaning and other daily tasks often become a burden, which leaves those responsibilities in the hands of their children or other caretakers. As the role reversal continues, many older adults or their children decide that helping around the house is not enough and that a responsible adult needs to be the parent’s legal guardian to take on financial responsibilities and make health care decisions.

Being a guardian requires a lot of legal and moral responsibility. Older adults and their family members must consider who is available and reliable enough to help the ward through the end stages of life, if they become incapacitated. If no children are able to become the guardian, the family must explore other options.

A Guardian that Fits Their Parents‘or Ward‘s Needs

There are no “one size fits all” set of qualifications to become a guardian because everyone’s needs are different. Some parents may need a guardian to help them sell their home or manage their investments. Others may need help with tough decisions like selecting a nursing home.

Things to Consider when Selecting a Guardian

When deciding who is a good fit, older adults and family should consider these factors:

Legally Establishing Guardianship

Whether the choice is a family member, loved one or professional who handles these matters, the guardian and ward must seek court approval to legally establish the relationship.

Determining who is the best fit for a guardian is no simple task. Moreover, the court requires every guardian to be represented by an attorney because creating a guardianship is a long, complex legal process. Those with questions or concerns regarding this and related estate law matters should consult with an experienced estate law attorney who handles such matters in Florida.