Property Law: Travels through Property Law By Tom Brodersen, Esq.
This time of year, we are blessed with the influx of snowbirds, many of whom own property here in Florida. If you happen to be one of them there a few things you should know.
1. If you die owning property in Florida, your family may spend thousands of dollars and a year for a Florida probate judge to finally give them title.
Your heirs or devisees (people you give things to in your will) will have to open a type of court case called an Ancillary Probate estate here in Florida. They will have to find a local attorney and provide him or her with your will (or a certified copy of one recorded in another court), death certificate and other documents related to your property in Florida. They will have to pay the attorney for legal work, filing fees, and a surety bond. Your heirs’ attorney will have to have them sign numerous documents during the case, which can further slow the process of your heirs getting the estate done. These documents include the petition to open the estate, an oath of your Personal Representative, inventory of what you owned and a final accounting.
2. If you have a non-Florida will, Florida courts may not respect your wishes.
Florida requires wills to have a self-proving affidavit, where a notary witnesses the testator and two or more witnesses, or an oath of witness. The witness must come to Florida and sign the oath in front of a Clerk of Court. There are no exceptions.
3. WE CAN HELP YOU!
As long as you still have legal capacity, Florida lets you change your title, giving yourself total control of your property while you’re alive, and your heirs inherit quickly when you pass. Florida and a few other states allow for an Enhanced Life Estate Deed, (sometimes called a Lady Bird Deed). This deed allows you to sell or finance improvements to your property as long as you are alive, and if you move to Florida permanently, you can lower your property taxes.
When you die, whomever you choose to get your property (remainderman or remaindermen) just has to send your death certificate to the Clerk of Court where your property is located, and your property automatically becomes theirs.
You should consider talking with a real estate or estate planning attorney about this game changing way to avoid your loved ones inheriting a costly and time-consuming hassle.