A living will (also known as an advance medical directive) provides your loved ones instructions to help them make the hard decisions they face when you can't tell your doctor what you want yourself. It provides your desire for the kind of life-sustaining medical intervention you want, or don't want, if you become terminally ill or are unable to communicate.
Most states have living will statutes that define when a living will become effective (for example, when a person has less than six months to live). State law may also restrict the medical interventions to which such directives apply. Do you want to have life support? Will you want food or water withheld? Do you want a do not resuscitate order? These can be very difficult decisions for your family if you haven't given them your express wishes. A living will can make it much easier for a family to know they are acting as your wish.
Your medical condition and the terms of your directive also will be subject to interpretation. Different institutions and doctors may come to different conclusions. Even though there are times when a living will may not be followed, a patient's wishes are taken very seriously. One of the best ways you can have a say in your medical care, when you are in a coma or otherwise not able to speak for yourself, is through the instructions of an advance medical directive.
Carefully chose the person you designate as your health-care agent. The person you appoint should be able to do three important things:
• They need to understand what the doctor is saying about your treatment options,
• They need to be able to handle the stress from making these hard decisions, and
• They must be able to keep your best interests and desires in mind when making those decisions.
You increase your chances of having your wishes followed by your doctor when you have a health-care agent advocating on your behalf. You can name your agent by way of a health-care proxy, or by assigning a medical power of attorney. You will name someone you trust to make medical decisions on your behalf in the event that you can't do so for yourself in a legal document that will apply to all instances when you're incapacitated, not just if you're terminally ill. Don't put off taking this important step to protect your peace of mind and that of your family.
]]>The Liberty Channelside partnership of two entrepreneurs is looking to gain ownership of the property, which would mean that the port would no longer have say in lease penalties. The duo offered $2 million upfront to the port, but the port demanded $8 million in escrow. This is a high amount that a friend and attorney of the entrepreneurs says is akin to punishment for the mistakes of previous owners.
]]> The port feels such a high amount is necessary in order to show the entrepreneurs commitment to investing the substantial funds necessary to update the dilapidated complex. The pair was frustrated so heated words were exchanged in a conference call, and the port ended communications when things became "unprofessional."However, it appears relations are being smoothed over, as the port remains willing to negotiate provided "certain rules of decorum are followed." The entrepreneurs were apologetic, essentially saying that negotiations got the best of their emotions.
Real estate disputes can become complex and even acrimonious, but an experienced real estate attorney can cool emotions, advocate on behalf of their client and pursue the best outcome. Whenever an individual is looking to embark on a real estate transaction in Florida, it is in an individual's best interest to retain legal experience well versed in not only the real estate industry, but the local market as well.
Source: Tampa Bay Times, "Channelside dispute turns personal for Port Authority, potential buyers," Jamal Talji, May 16, 2013
]]>When we discussed the current improvement of the housing industry in the state, we mentioned that the lack of inventory is creating strain and driving up prices. A real estate broker says that speeding up the foreclosure backlog carried in the state's courts could in effect increase inventory, thereby preventing another housing bubble. However, this "inventory" would be the homes that families lost to foreclosure.
]]> To address this backlog, the Florida Supreme Court recently approved a measure that will allow non-judges, entities called "general magistrates," to handle these foreclosure cases. The final order will still need to be reviewed by a judge, but many remain in opposition to this new approach.Many argue in defense of individuals facing foreclosure, saying that these people facing the possibility of losing their home deserve to have their case heard by a judge, not a quick-fix general magistrate. This push to quickly clear the foreclosure backlog could end up hurting a large population of individual homeowners.
It goes without saying that facing the threat of foreclosure is scary. However, a lawyer can assist an individual understand and explore all opportunities for foreclosure alternatives. Particularly as the state is looking to speed up this process, it is imperative to have a strong advocate this will help an individual save their home.
Source: Bradenton Herald, "Florida court OKs using non-judges on foreclosures," Gary Fineout, May 10, 2013
]]>Many people lost their homes to foreclosure. However, it was later discovered that a number of banks were engaging in unsavory practices such as "robo-signing" in which documents were signed off without anyone reading them over.
]]> In February 2012, attorney generals from many different states reached a $25 billion settlement with some of the country's largest banks that were guilty of engaging in unethical behavior.Florida was given $334 million as a result of the settlement. Just recently, lawmakers finally determined how $200 million of that money will be spent. Some of the money will reportedly be used to help the elderly, those who are homeless and those with developmental disabilities pay for housing. Some of the money will also be put towards Habitat for Humanity.
People's home are usually incredibly important to them. Losing a home to foreclosure is a scary thought for a lot of people. Unfortunately, as readers of this blog may recall from a previous blog post, Florida had the highest foreclosure rate compared to any other state in the country during the first quarter of this year.
People who are concerned about a looming foreclosure should take action. It is often best to speak with an experienced legal professional to determine what steps can be taken to avoid foreclosure. With the right help, Florida homeowners may be able to keep their home.
Source: Bloomberg Businessweek, "Fla. lawmakers approve bank settlement," James L. Rosica and Gary Fineout, May 1, 2013
]]>Home sales increased nearly 20 percent in March compared to last year. In addition, home prices were up 15 percent from March 2012. The median home price in Florida last month was $160,000.
]]> The biggest issue right now in the housing market is that there simply isn't enough inventory. People are reluctant to put their homes on the market. However, as the housing market continues to rebound, potential sellers may realize that now is the time to move forward.The trends in Florida are in line with national trends. Home sales across the country increased by 10 percent in March compared to last year. Home prices increased by 12 percent.
Despite the positive signs, some people are having a hard time securing a loan as a result of more strict policies. In addition, a lot of homes are being purchased by investors with cash. As they are scrambling to scoop up good deals they could also be pushing prices up.
The decision to purchase or sell a home is one that should not be made lightly, especially considering what so many people went through during the housing crisis. For that reason, it may be wise to rely on an experienced real estate attorney throughout the process. An attorney will work to ensure real estate transactions go smoothly and that people can walk away from the experience with confidence.
Source: Tampa Bay Times, "Florida home sales, prices rise, continuing rebound," Drew Harwell, April 22, 2013
Single ownership:
Title to real property can be taken in a person's own name, which is generally referred to as sole ownership. Unmarried persons, legally divorced persons, and married persons who wish to hold the property in their own names may use this form of ownership. However, if a married person will be taking title in his or her own name, at the time he or she resells the property his or her spouse will have to relinquish his or her rights in the property due to Florida's homestead laws. A person can also take title to the property in the name of a living trust which is commonly known as a revocable inter vivos trust.
]]> Joint ownership:If a person is purchasing the Florida property with other persons, they can take title to the property as Tenants in Common. As Tenants in Common each joint owner of the property has the right to sell, lease or bequeath their interest in the property to his or her legal heirs. In Tenancy in Common, any number of individuals can hold title to their respective share of the property, depending on their contributions.
A person purchasing the Florida property with other persons can also take title to the property as Joint Tenants with the right of survivorship. Under Joint Tenancy all joint tenants have equal possession rights to their respective share in the property. In addition, due to the right of survivorship which is not present in Tenancies in Common, when a joint tenant dies, by operation of law his or her share is automatically distributed among the remaining joint tenants. There are no restrictions on the number of persons that can be joint tenants under a Joint Tenancy.
Similar to Joint Tenancies is the Tenancy by the Entirety which is for married couples who wish to hold a joint title in the name of both spouses. Under a Tenancy by the Entirety the property is equally held in the name of both the husband and wife. This title is applicable and available for married couples only. Both the husband and wife have equal possession rights to the property and similar to a Joint Tenancy, when one spouse dies, his or her share is automatically distributed to the surviving spouse.
Other forms of ownership:
Title to Florida property may also be held in the name of a separate legal entity organized under Florida state law such as a corporation or a limited liability company. Corporations and limited liability companies can have any number of shareholders or members, respectively, but the rights to the property of individual shareholders or members will be limited to the face value of shares or membership interests held by them. Additionally, title to the Florida property may be held in the name of a partnership of two or more persons. If the title is taken in the name of a partnership it will be held in the name of the partnership, with the partners having equal right to possession of their respective share in the property. Finally, the title may also be held in the name of a Florida Land Trust, in which the legal title of the property is transferred to a trustee for the benefit of the named beneficiaries. Some people prefer to take title in the name of a Florida Land Trust because it offers privacy with no one knowing the name of the beneficial owner of the property or the amount of the purchase price paid for the property.
]]>The condominium will sit on 0.6 acres of land on the Intracoastal Waterway in Fort Lauderdale. The building will feature a wave-shaped design with most of the first floor enclosed in glass. Some say the new building will be "architecturally stunning." However, others say it simply won't fit.
]]> "This is jamming a massive building on a very small lot," one resident said. "It will block views and shade existing properties."People are particularly concerned that the addition of this building to the Intracoastal Waterway will lead to more construction of high-rise buildings. While there is some strong opposition to the project, supporters see it as a way to boost the city's economic growth.
Disputes arise frequently in Florida and beyond when new real estate projects are proposed. However, initial pushback from residents in the area around the proposed project isn't the only legal issue that could come up.
Homeowners in condominiums are usually a part of an association. Homeowners and condominium associations have certain responsibilities towards their members. Contract disputes, property disputes and personal injury claims can arise. In those instances, it is usually best to rely on an experienced legal professional.
Source: Sun Sentinel, "Fort Lauderdale approves 11-story beach condo," Larry Barszewski, April 17, 2013
In recent years, the homes that so many people have worked hard to own have been taken away from them because of their inability to keep up with their mortgage payments. Sadly, many Florida residents remain at risk of losing their homes to foreclosure.
]]> According to RealtyTrac, Florida had the highest foreclosure rate compared to any other state in the country during the first quarter of the year. In addition, most of the cities with the highest foreclosure rates are in Florida.Despite the grim news for Florida residents, the country's overall foreclosure rate in March declined more than 20 percent compared to last year. However, that information does little to help people living in Florida who are fearful that they may lose their home to foreclosure.
People who are unable to keep up with their mortgage payments should not sit back and do nothing. There are steps that people can take that may help them keep their home.
For instance, Florida residents would be wise to contact their lender to see if there are any options available to help them through a difficult period. A loan modification may be a good alternative for some homeowners.
The thought of losing a home can be quite scary. In addition to contacting bank lenders, Florida residents may also find working with an experienced attorney to be quite valuable. An attorney can help people determine what the best solution is based on their specific situation.
Source: ABC News, "Real Estate Foreclosures: Florida Leads Nation," Alan Farnham, April 11, 2013
]]>According to Trulia.com, people can actually save more money when they buy a home. According to one report, it costs about $1,600 per month to rent a home in Broward County. It costs about $770 a month to buy a home. That same trend is being seen in other Florida counties and even in other states across the country.
]]> However, people should not rush into buying a home. One real estate broker points out that owning a home can be more risky.People who are interested in buying a home right now should know that they could run into problems because of a lack of inventory. In particular, people looking to purchase a home at a lower price could find themselves with a lack of options to choose from.
Buying a new home can be one of the most exciting milestones in a person's life. People who are thinking about purchasing a home should be to think through the decision carefully. After all, a home cannot be returned like other items after it is purchased. To be sure they are making good choices, people looking to buy a home may find consultation with an experienced real estate attorney beneficial.
Source: Sun Sentinel, "Buying beats renting in South Florida, study finds," Paul Owers, March 20, 2013
The building will consist of retail space and townhomes. Those in charge of the renovations say the interior is being completely redone. The exterior will also be remodeled. The building will officially be called Village Harbor Townhomes.
]]> There was a time when the building was the host of lots of activity. However, as it sat empty, the building was vandalized and squatters took up residence. In just a matter of months, work on the building will be complete. City officials are excited about the project, but some wonder why it has taken so long."It's a great location," one Destin councilman said.
There are 10 units in the building. The bottom will consist of retail space. People will be able to rent townhomes on the top level. Rental units will cost people $1,350 per month. Retail space rentals will run $900 a month.
Once the work is complete, the owners of the space will be eager to get tenants moved in. In situations like this, legal professionals can be quite helpful. They may be able to move along the process by drafting, negotiating and reviewing lease agreements. Because so much work will have been done on the building, it will be important that lease agreements are completed and done so in a manner to prevent problems from arising in the future.
Source: Northwest Florida Daily News, "Retail, townhome space coming to Destin harbor," Matt Algarin, March 16, 2013
]]>A survey by the organization showed that most people who bought vacation homes last year did so because of the lower prices. Before the recession, beach-front properties in places like Destin seemed unattainable for many people. However, because of the housing crash many people have found that they can afford the vacation home of their dreams. For instance, some home prices declined by an astounding 40 percent.
]]> A little more than 500,000 vacation homes were purchased last year. In 2011, around 470,000 vacation homes were bought. The median price last year was 19 percent lower than the year before around $121,000. According to the National Association of Realtors, most people who bought vacation homes did so for personal use. Only about 22 percent of those surveyed said they intended to rent the property.Buying a home is a big step for most people in Florida and beyond. Buying a vacation home can be even more exciting. A lot of people spend their whole lives dreaming about owning a vacation home. Although the recession caused a great deal of harm, it helped bring down home prices, making it possible for some people to realize the dream of owning a home on the beach.
Source: New Orleans Magazine, "Buying by the Beach," Kathy Finn, March 2013
The new coffee shop in Destin includes roasting facilities, which allows the owner to create special blends for customers. The owner explained, "One of our secrets is our on-site Renegade Roaster." This type of specialized coffee roasting equipment is likely a significant investment for a business owner.
]]> The location a business owner decides to lease for his or her business is also often a serious investment. The cost of leasing the space and the length of the lease might be important factors for a business owner to consider before signing a lease. A business owner, like the owner of this new coffee shop, will likely want a commercial lease agreement to be clear and secure. Business owners have a lot of time and money invested into the space where the business is located, so having a problem with a lease agreement later on could be a disaster.A business owner could encounter difficulties when setting up a lease agreement. The last thing a business owner would want is to lease space for his or her business only to learn several months later that he or she must leave the space because of an unforeseen situation. Having a clear and detailed legal lease agreement could prevent this type of unexpected eviction.
Working with a real estate attorney knowledgeable about the details of leases for both commercial and residential properties could be very beneficial.
Source: The Destin Log, "A new business is brewing in Destin," Laura Hall, March 8, 2013
]]>Apparently, the developer claims the city promised that the sewer impact fees would be waived. However, the city alleges that waiving the sewer impact fees is just not possible, since according to Florida law, sewer impact fees are "pledged revenues to the state for environmental protection."
]]> The plan for this development was announced in May 2012 and involves the city of Crestview and a national residential developer as well as Beach Community Bank which owns the land for the proposed development.The development would include a single family subdivision as well as an assisted living facility. Even though construction was set to begin this week and the shopping center development is already under contract, the project is on hold.
The sewer impact fee arose in the first place because the current sewer lines are not large enough to support the proposed development. So, the bank and developers were set up to pay for the installation of a larger sewer line "in exchange for a tax cap." Waiving the sewer impact fees altogether was allegedly not discussed.
City Council members want to work through this dispute as quickly as possible so that construction can begin, although there are still issues to work through. When a real estate dispute like this one arises, both sides may be quite frustrated. It is important to resolve the dispute quickly, so that the project is not delayed further.
Source: Crestview News Bulletin, "Crestview retail, restaurant development halted after confusion," Brian Hughes, March 1, 2013
]]>A group of homeowners in South Florida will soon be approached with a proposed change to a portion of the property included in their development. According to a report from the Sun Sentinel, equity members of The Club at Boca Pointe approved the sale of 14 acres of Boca Pointe land to an outside group. The Siemens Group, the proposed buyer, would use the land to develop townhouses.
]]> In order for this sale to be finalized and for the development to occur, the homeowners who are members of the Boca Pointe Community Association will have to vote and approve the proposal. A primary issue that the homeowners must consider is that the land is currently zoned for recreational use, but would need to be re-zoned for residential use. In order for the development to be approved, the homeowners must agree to send a proposal for a zoning change to the county.A general manager of Boca Pointe Community Association explains that the proposed development would directly impact approximately 950 homeowners, who will all be able to vote on the matter. In addition, the residents will have the opportunity to meet with the developer throughout the process.
While the opportunity for homeowners to weigh in on this development is positive, homeowners in situations similar to this may feel as though the protective purpose of their association is being compromised when this type of proposal is made. As homeowners associations are complicated and may involve detailed legal issues, working through these situations with an attorney could be very beneficial.
Source: Sun Sentinel, "Land Sale at Boca Pointe could mean new townhouses," Marci Shatzman, Feb. 27, 2013
]]>According to one report, approximately 10 percent of Florida homes were in a state of foreclosure at the end of 2012. This number put Florida at the top of the nation for foreclosure rates. In addition, foreclosing on a home in Florida takes longer than in many other states. One recent report stated that it took over 31 months after a loan was past due for a home's foreclosure process to be completed.
]]> Experts suggest that Florida's recovery may be slower than some other states because it is a judicial foreclosure state, meaning that foreclosures must be approved in court as part of the foreclosure process. States that do not require court approval often have faster foreclosure processes.As Florida's housing market is still recovering, it is very likely that homes will continue to enter into foreclosure. Homeowners who are having difficulty making mortgage payments or are stuck in an underwater mortgage may wonder whether foreclosure is their only option or how to approach the foreclosure process.
Since foreclosing on a home in Florida can take so long and is a serious decision, consulting a real estate attorney knowledgeable about the process could be very beneficial. It is possible that there alternative to foreclosure that could save one's home. For instance, loan modifications have allowed many homeowners to continue living in their homes while also managing their mortgage payments.
Source: USA Today, "States' foreclosure pace affects home prices," Julie Schmit, Feb. 16, 2013
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