W hen it comes to transferring real estate in Florida, one legal tool often used between family members, divorcing spouses, or in estate planning is the quit claim deed . But how does a quit claim deed work, and when is it appropriate to use one? In this article, Orlando real estate attorney Joe Taormina  of Taormina Law  explains the basics of quit claim deeds, how they differ from other types of deeds, and what you should know before signing or accepting one in Florida. What Is a Quit Claim Deed? A quit claim deed  is a legal document used to transfer ownership or interest in real property from one party (the “grantor”) to another (the “grantee”) without making any guarantees about the title. In simpler terms, the person signing the quit claim deed is giving up any rights they may have  in the property — but they aren’t promising they legally own it or that the title is clear of liens or claims. This type of deed is commonly used when: Transferring property between family members Removing a spouse from a deed after divorce Adding a spouse to a property title Transferring property into a trust or business entity Gifting property Quit Claim Deeds vs. Warranty Deeds Many people confuse quit claim deeds  with warranty deeds , but they serve different purposes. A warranty deed  includes a guarantee from the seller that they own the property free and clear and are transferring it with no legal encumbrances. A quit claim deed , by contrast, comes with no such promise . If you’re buying property from someone you don’t know well, or in a traditional real estate sale, a quit claim deed is usually not appropriate. Are Quit Claim Deeds Legal in Florida? Yes, quit claim deeds are legal in Florida  and commonly used. However, the deed must be executed and recorded properly to be valid. This includes: Being signed in front of two witnesses Being notarized Being recorded with the Clerk of Court in the county  where the property is located Improperly executed deeds can cause title issues down the line. Risks of Using a Quit Claim Deed While quick and inexpensive, quit claim deeds come with risks. Because they offer no title protection , you could be accepting a property with liens, back taxes, or other legal problems — and you may have little recourse. That’s why Attorney Joe Taormina , an experienced Orlando real estate attorney , recommends consulting with a qualified attorney before signing or accepting a quit claim deed. Common Scenarios for Quit Claim Deeds in Florida At Taormina Law , we often help clients with quit claim deeds in the following situations: Divorce Settlements:  Transferring the marital home to one spouse Estate Planning:  Adding children to a deed as part of legacy planning Business Transfers:  Moving property into an LLC or trust Correcting Title Issues:  Fixing errors in prior deeds or name changes The Risks of Using a Quit Claim Deed Because quit claim deeds do not guarantee clear title , they can be risky in certain situations. “People often think a quit claim deed is just a simple form, but if it’s done incorrectly, it can create legal problems down the road,” explains Attorney Joe Taormina  of Taormina Law  in Orlando. Some risks include: Unclear title  or existing liens Unintended tax consequences Improper drafting  that could void the deed Why You Should Hire an Orlando Real Estate Attorney While quit claim deeds might seem simple, legal guidance ensures they’re done correctly —and that you're not unknowingly giving up your rights or taking on hidden liabilities. An attorney can: Conduct a title search Draft or review the deed Record the deed with the appropriate county Advise you on estate planning implications Attorney Joe Taormina  at Taormina Law  has extensive experience handling quit claim deeds in Florida , and will make sure your interests are protected at every step. How to File a Quit Claim Deed in Florida Here’s a simplified process: Prepare the deed:  Using accurate legal descriptions. Sign with witnesses and notary:  Florida requires two witnesses and notarization. Record with the county clerk:  Must be filed in the county where the property is located. Pay transfer taxes:  Even if no money is exchanged, Florida may require documentary stamp taxes. 💡 Pro Tip: Always keep a copy of the recorded deed for your records. Common Questions About Quit Claim Deeds ❓ Can a quit claim deed be reversed? Only if the grantee agrees and signs a new deed returning the property. ❓ Does a quit claim deed affect the mortgage? No. The mortgage remains in the original borrower’s name unless refinanced. ❓ Can I use a quit claim deed to avoid probate? Rather than a Quit Claim Deed, you would better served to use a Ladybird Deed to avoid probate. Contact an Experienced Orlando Real Estate Attorney If you’re considering using a quit claim deed in Florida, don’t take unnecessary risks. Attorney Joe Taormina  at Taormina Law  can help you understand your options, avoid costly mistakes, and ensure the transfer is legally sound. 📞 Contact Taormina Law today  to schedule a consultation with an experienced Orlando real estate attorney . Taormina Law, P.A. 📍 Serving Orlando and all of Central Florida🔗 www.TaorminaLawPA.com Other Blog Posts: I inherited a house, how do I put it in my name? How property passes without a Will in Florida. Homepage

If you're a Florida homeowner facing foreclosure, one of the first questions you may have is: How long does foreclosure take?  The answer is: it depends.  Some foreclosures move quickly — in just a few months — while others may take a year or longer . Understanding the foreclosure timeline and what factors can speed it up or slow it down is key to protecting your home and your future. The Short Answer: It Varies In Florida, a fast foreclosure can take just a few months, especially if the homeowner doesn’t respond to the lawsuit or participate in the court process. However, the average foreclosure takes about 12 months from start to finish. In some cases, it can take even longer. The short ones : if the defendant does not respond to the summons within the twenty days, the plaintiff will likley file a Motion for Clerk's Default and the Clerk will enter a default. Then the plaintiff will file a Motion for Default Final Judgment with supporting affidavits and set a hearing. Factors That Affect the Length of a Foreclosure There are many variables that can impact how long a foreclosure takes. Here are a few of the most common: Whether the homeowner is represented by an attorney. Homeowners who have legal representation tend to have more time to explore options and may be able to delay or stop the process altogether. An experienced foreclosure attorney can raise legal defenses, negotiate with the lender, help the homeowner apply for a loan modification, and explain all available options. The actions taken by the homeowner. If a homeowner doesn’t respond to the foreclosure lawsuit, the lender can move quickly to get a judgment and schedule a sale. On the other hand, taking action — such as applying for assistance or filing legal documents — can slow things down. Court backlogs and lender delays. Sometimes delays come from the court system itself or the bank not moving forward quickly. This can extend the timeline, even if the homeowner doesn’t actively contest the foreclosure. Bankruptcy filings. Filing for bankruptcy triggers an “automatic stay” that stops foreclosure proceedings temporarily. This can provide homeowners with more time to reorganize their finances or work out a solution. Options for Homeowners Facing Foreclosure At Taormina Law, P.A. , we help homeowners across Florida explore their options when facing foreclosure.  Depending on your unique situation, you may be able to: Apply for a loan modification. Adjust your loan terms to reduce monthly payments or make up missed payments over time. Reinstate the loan. Catch up on past-due amounts and bring the loan current before the foreclosure sale. Negotiate a payment plan. Work out an agreement with the lender to repay the overdue amount over time. Refinance the mortgage. Replace your current loan with a new one that has more favorable terms. Sell the home. You may be able to sell your home before the foreclosure sale, including through a short sale if you owe more than the home is worth. File for bankruptcy. Depending on your financial situation, Chapter 7 or Chapter 13 bankruptcy may provide relief or stop the foreclosure. Pursue a surplus funds claim. If your home sells at auction for more than you owed, you may be entitled to claim the surplus. Talk to a Florida Foreclosure Attorney If you’ve received a foreclosure notice or are struggling to make your mortgage payments, don’t wait . The earlier you speak to an attorney, the more options you may have. At Taormina Law, P.A. , we are committed to helping homeowners make informed decisions and fight for the best possible outcome. Call us today  or visit TaorminaLawPA.com  to schedule a consultation and find out how we can help. Other blog posts: What is a Reinstatement Payment? How to file a claim for Surplus Foreclosure Funds . Does Probate stop foreclosure? Home Page Foreclosure Defense Page Probate Page Contact Us

If you're facing foreclosure in Florida, understanding your options is critical. One powerful legal tool available to homeowners is the reinstatement payment . But what exactly is a reinstatement payment, and how can it help you stop foreclosure and save your home? In this article, Attorney Joe Taormina  of Taormina Law, P.A. , a state-wide Florida law firm dedicated to protecting homeowners, explains what reinstatement means, how it works in foreclosure cases, and how you can use it to defend your property rights. Understanding Reinstatement in Foreclosure A reinstatement payment  is the amount a homeowner must pay to bring a mortgage loan current after falling behind on payments. When a lender files a foreclosure lawsuit in Florida, the homeowner has the legal right—up to a certain point in the process—to "reinstate" the mortgage by paying all past-due amounts, plus applicable fees and costs. This payment stops the foreclosure  and allows the homeowner to resume making regular mortgage payments going forward. What Does a Reinstatement Payment Include? The reinstatement amount typically includes: Missed mortgage payments  (principal and interest) Late fees Legal fees and court costs  incurred by the lender Property inspection or maintenance fees , if applicable Once the full reinstatement payment is made, the mortgage is considered current, and the foreclosure case is usually dismissed or placed on hold. When Can You Make a Reinstatement Payment? In Florida, homeowners can generally reinstate their mortgage any time before the final foreclosure judgment is entered . However, lenders may have different policies or timelines, and some loan documents may limit the reinstatement period. That’s why it's essential to act quickly and consult a foreclosure defense attorney  if you’ve been served with a foreclosure lawsuit. How Reinstatement Differs from Loan Modification or Redemption It’s important to understand that reinstatement  is not the same as: Loan Modification  – where the terms of the loan are permanently changed (e.g., new interest rate, extended loan term). Redemption  – which typically involves paying off the entire loan balance , not just the past-due amounts. Reinstatement is often the most affordable and immediate option  for stopping foreclosure and keeping your home—if you have access to the necessary funds. Why Work with an Attorney for a Reinstatement? Although reinstatement may sound straightforward, calculating the exact amount owed  and dealing with the lender’s attorneys can be complicated. Mistakes can lead to delays—or even the loss of your home. Attorney Joe Taormina  and the team at Taormina Law, P.A.  represent homeowners across all of Florida , helping them: Request and verify reinstatement quotes Negotiate fair timelines with the lender File motions with the court to pause the foreclosure Protect their rights and explore other legal options Taormina Law, P.A. – Helping Homeowners Statewide in Florida Whether you're in Miami, Orlando, Tampa, Jacksonville, or anywhere else in the state, Taormina Law, P.A.  is ready to assist. With deep experience in Florida foreclosure defense, Attorney Joe Taormina  is passionate about helping clients stay in their homes and fight back against unfair lending practices. Don’t Wait—Explore Your Reinstatement Options Today If you're behind on mortgage payments and have been served with a foreclosure lawsuit, time is not on your side. A reinstatement payment may be your best chance to stop the foreclosure and keep your home . Contact Taormina Law, P.A.  today for a free consultation. Let us help you understand your rights and fight for your future. 📞 Call now or visit www.TaorminaLawPA.com  to get started. Other Blog Posts: How to file a claim for foreclosure surplus funds. I inherited a house, how do I put it into my name? Does probate stop foreclosure?

When facing a legal dispute in Florida—whether it’s a foreclosure, probate case, or personal injury claim—mediation is often a more efficient and less stressful path to resolution. Florida courts frequently require parties to attempt mediation before moving forward with litigation. But what exactly is mediation, and how does it benefit you? In this blog post, we’ll explore the Florida mediation process, how it compares to litigation, and why working with an experienced attorney like Joe Taormina of TaorminaLawPA.com   can help you achieve the best possible outcome. What Is Mediation? Mediation is a meeting that happens, usually via Zoom these days, with the Plaintiff and his/her lawyer, the Defendant and his/her lawyer, and a mediator, who is also a lawyer but is neutral and is trying to help the parties reach an agreement so they do not have to keep fighting in court. The mediator who facilitates discussion, helps each side maybe see the other side's perspective, and helps parties reach a mutually acceptable agreement. Unlike a judge or jury, the mediator doesn’t make a ruling. Instead, the focus is on collaboration, problem-solving, and helping the parties maintain control over the outcome. The Florida Mediation Process The Florida mediation process  is designed to be informal yet structured. Here’s how it typically works: Introduction : The mediator explains the rules, outlines confidentiality, and clarifies their neutral role. Opening Statements : Each party shares their perspective and desired outcome. Negotiation : The mediator usually puts each side into a "breakout room" in Zoom. This is a virtual room where only the Plaintiff or Defendant and their attorney are, and the mediator goes back and forth in between the rooms to try to broker a deal. The mediator helps both sides communicate, often using private sessions (called “caucuses”) to explore settlement options. Resolution : If an agreement is reached, it’s put in writing and signed by both parties. If no agreement is reached, the case may proceed to litigation, but anything discussed in mediation remains confidential. Types of Cases That Go to Mediation in Florida Mediation is used across many areas of Florida law, including: Probate : Probate usually involves inherited property or disputes over wills and trusts. Personal Injury : Mediation is often used in car accident and slip-and-fall cases to negotiate settlements. Foreclosure and Surplus Funds : Homeowners are often looking to resolve cases with HOAs, Banks, and Condo associations. Disputes involving foreclosure surplus funds can often be resolved through mediation. Partitions : Joint property ownership cases are great for mediation. At Taormina Law, P.A. , Attorney Joe Taormina frequently represents clients in mediation sessions across a wide range of legal matters, helping them resolve disputes efficiently while protecting their rights. Mediation vs. Litigation in Florida When comparing mediation vs. litigation in Florida , the differences are striking: Mediation Litigation Cost Lower Higher legal fees and court costs Time Quicker resolutions (often in weeks) Can take months or years Privacy Confidential Public court record Control Parties control the outcome Judge or jury decides Stress Informal and less adversarial Formal and confrontational For most clients, mediation is the preferred choice because it saves time and money, while promoting cooperation over conflict. Mandatory Mediation in Florida Courts In many cases, mandatory mediation in Florida courts  is required before a trial date is set. This requirement applies to: Most family law cases Civil lawsuits involving damages under a certain threshold Small claims disputes Florida law encourages mediation as a way to reduce court backlog and give parties a chance to resolve their differences without a judge’s intervention. If you’ve received a notice of mandatory mediation, don’t panic. Instead, consult with a skilled attorney who can prepare you for the session and represent your interests throughout the process. What to Expect During Mediation If you’re preparing for mediation in Florida, here’s what you can expect: A less formal environment  (sometimes held via Zoom) A structured discussion , not a free-for-all A chance to be heard without being interrupted The ability to take breaks or have private attorney consultations No pressure to settle—only agree if it’s right for you Joe Taormina works closely with clients before and during mediation to ensure they understand their rights, feel confident in their position, and are ready to negotiate effectively. Why Choose Attorney Joe Taormina for Mediation Representation? Choosing the right attorney for mediation can make or break your case. Joe Taormina of Taormina Law, P.A.  has a strong track record of success helping clients through the mediation process across Florida. With a deep understanding of both legal strategy and human dynamics, Attorney Taormina: Prepares comprehensive case summaries for mediation Helps clients identify goals and bottom lines Guides negotiation strategies with clarity and confidence Ensures all agreements are legally sound and enforceable Whether you’re navigating a contentious divorce or seeking to recover foreclosure surplus funds, Attorney Joe Taormina can help you resolve your dispute efficiently and effectively. Ready to Schedule Your Mediation? If you’ve been ordered to attend mediation—or simply want to avoid the costs and stress of court—contact Taormina Law, P.A.  today. Attorney Joe Taormina can evaluate your case, explain the Florida mediation process, and represent you throughout. 📞 Call or visit TaorminaLawPA.com  to schedule your consultation. Other Blog Posts: Foreclosure Surplus Recovery in Florida: How to Claim Your Surplus Funds How much does probate cost in Florida Attorney Joe Taormina from Taormina Law, P.A.

How Much Does Probate Cost in Florida, and How Much Does a Probate Attorney Cost? Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid and assets are distributed to heirs. One of the most common questions families face is: How much does probate cost in Florida, and how much does a probate attorney cost? The answer depends on several factors, including the size of the estate, the complexity of the probate process, and the attorney’s fee structure. How Much Does Probate Cost in Florida? The overall cost of probate in Florida varies based on the estate’s value, court fees, and other administrative expenses. Here are some of the common costs associated with probate: Court Filing Fees  – These typically range from $300 to $400, depending on the county. Publication Fees  – Florida law requires a notice to be published in a newspaper to alert creditors, which can cost between $100 and $500. Types of Probate and Their Costs Florida has different types of probate, and costs vary depending on which type is required: Disposition Without Administration  – Used for very small estates with minimal assets and expenses. This option has the lowest cost. Summary Administration  – Available for estates worth less than $75,000 or when the decedent has been deceased for over two years. This process is faster and less expensive than full probate. Formal Administration  – The most common type of probate, required for larger estates. It involves court oversight and is the most expensive process. How Much Does a Probate Attorney Cost in Florida? Florida probate attorneys typically charge using one of the following methods: 1. Percentage of the Estate Value Some probate attorneys charge a fee based on a percentage of the estate’s total value. Florida law provides the following guideline for “reasonable fees”: 3% of the first $1 million of the estate’s value 2.5% of the next $4 million 2% of the next $5 million 1.5% of amounts over $10 million 2. Flat Fees Some attorneys charge a flat fee for handling probate from start to finish. These fees typically range from $3,000 to $10,000 or more, depending on the complexity of the case. 3. Hourly Rates Other attorneys charge by the hour, with rates usually ranging from $250 to $500 per hour. This method can be beneficial for simpler cases but may become costly if complications arise. Can Probate Attorney Fees Be Paid After the Property Is Sold? Yes, some law firms, like Taormina Law, P.A. understand that probate can be financially burdensome for families and will wait to collect their fees until after the estate’s property is sold. This can be a helpful option if the estate lacks liquid assets but includes real estate or other valuable holdings. Families should discuss payment arrangements with their attorney to understand how and when fees will be collected. Ways to Reduce Probate Costs There are ways to minimize probate expenses, such as: Creating a Living Trust  – Assets in a trust bypass probate, avoiding many of the associated costs. Using Beneficiary Designations  – Naming beneficiaries on financial accounts ensures direct asset transfer without probate. Joint Ownership  – Property owned jointly with rights of survivorship passes automatically to the surviving owner. Conclusion The cost of probate in Florida varies based on the estate’s complexity and the attorney’s fee structure. Some law firms charge a standard 3% of the estate’s value, while others offer flat fees or bill hourly. Additionally, some attorneys may allow payment to be deferred until after the sale of estate property, easing financial strain on the heirs. If you need guidance on probate costs and legal representation, contact attorney Joe Taormina at Taormina Law, P.A. for expert help. How muc Probate Attorney Joe Taormina from Orlando law firm Taormina Law, P.A. You may be interested in these other blog posts: I Inherited property, how do I get it into my name? Does probate stop foreclosure? How does property pass without a will in Florida? Back to Probate page. Contact Taormina Law, P.A.

If your property was recently sold at a foreclosure auction in Florida, you may be entitled to money left over from the sale—this is known as a foreclosure surplus . Whether you are the former homeowner or an heir to the previous owner, you must act quickly to secure these funds through a foreclosure surplus recovery  process. Attorney Joe Taormina can help recover the surplus funds on your behalf if you need assistance. What Is a Foreclosure Surplus? When a foreclosed property is sold at auction, the funds first go toward paying off the outstanding mortgage, legal fees, and other liens. If the property sells for more than the amount owed, the remaining balance—called the foreclosure surplus —is deposited with the court. This is basically the equity of the property owner. The former homeowner or their heirs have the right to claim these surplus funds, but they must follow the correct legal procedures. If a valid claim is not filed, the surplus money could end up being claimed by others, such as lienholders, or even forfeited to the state. How to File a Foreclosure Surplus Claim in Florida To begin the foreclosure surplus recovery  process, you need to file a foreclosure surplus claim form  with the court handling the foreclosure case. This form requires you to provide: Proof of ownership or heirship (if applicable) The foreclosure case number A request to have the surplus funds released to you While this process might seem straightforward, complications can arise, such as competing claims from lienholders or challenges to your eligibility. In such cases, a foreclosure surplus attorney  can help you properly file your claim and represent you in court if necessary. Contact Orlando Real Estate Attorney Joe Taormina for help or to answer any questions. Why You Should Consider a Foreclosure Surplus Attorney While it is possible to fill out and submit a foreclosure surplus claim form  on your own, many individuals find that working with a foreclosure surplus attorney  makes the process easier and more efficient. Here’s why: Legal Guidance:  An attorney ensures that your claim is filed correctly and that you meet all legal requirements. Court Representation:  If a hearing is required, an attorney can represent you in court and argue on your behalf. Faster Recovery:  Mistakes or missing documents can delay the process. An attorney can streamline your claim and help you get your money sooner. Protection from Scammers:  Unfortunately, some companies try to take advantage of homeowners by charging high fees for simple claims. A trusted attorney provides legitimate legal assistance. How Taormina Law, P.A. Can Help with Your Foreclosure Surplus Recovery At Taormina Law, P.A. , we specialize in helping homeowners and heirs recover their foreclosure surplus funds. We handle the entire process, including: ✅ Filing the foreclosure surplus claim form ✅ Representing you in court hearings if needed ✅ Securing a court order for the release of your surplus funds If you or a loved one recently lost a property to foreclosure and believe you are entitled to surplus funds, don’t wait. Contact Taormina Law, P.A.  today for a consultation and let us help you claim what’s rightfully yours. Orlando Real Estate Attorney Joe Taormina

The Eviction Process in Florida: A Step-by-Step Guide Evictions in Florida follow a specific legal process designed to protect both landlords and tenants. Most evictions are uncontested, meaning the tenant either does not respond to the lawsuit or responds without raising legal defenses that would prevent eviction. Here’s a breakdown of the process, including costs and timelines. Step 1: Serving a Three-Day Notice The first step in the eviction process is serving the tenant with a three-day notice  to pay rent or vacate the property. This notice gives the tenant three business days (excluding weekends and holidays) to pay the overdue rent or move out. If the tenant fails to comply, the landlord can proceed with filing an eviction lawsuit. Step 2: Filing the Eviction Lawsuit Once the three-day notice period expires without payment or voluntary move-out, the landlord must file an eviction lawsuit, known as a complaint , with the court. We also file one summons per defendant at the same time. Step 3: Serving the Complaint and Summons After filing, the tenant must be officially notified of the lawsuit. A process server  or sheriff will serve the tenant with a complaint and summons , which informs them of the case and their obligation to respond. The cost for a process server typically ranges from $55 to $75 per defendant . If the process server is unable to personally serve the tenant after multiple attempts, they may serve by posting the summons on the door  and mailing a copy to the tenant. This method is known as “nail and mail” service and is legally valid for evictions in Florida. Step 4: Tenant’s Response Period Once served, the tenant has five days to respond to the summons , not counting weekends or legal holidays. If the tenant fails to respond within this timeframe, the landlord can request a clerk’s default , which moves the case forward without the tenant’s participation. If the tenant does respond but does not present a valid legal defense, the landlord can still proceed with obtaining a judgment for eviction. Step 5: Motion for Final Judgment If the tenant does not respond or loses in court, the landlord must file a motion for final judgment . A judge will then review the case and, if the eviction is justified, sign a final judgment for possession in favor of the landlord. Step 6: Issuance of the Writ of Possession Once the final judgment is granted, the landlord can request a writ of possession , which orders the tenant to vacate the property. The court issues this document to the sheriff , who is responsible for enforcing it. The sheriff’s fee for executing the writ is $90 . Step 7: Sheriff and Locksmith Remove the Tenant The sheriff will post a 24-hour notice  on the tenant’s door, giving them one last chance to leave voluntarily. If the tenant still does not vacate, the sheriff will return with a locksmith  to physically remove the tenant and secure the property for the landlord. Cost of an Uncontested Eviction How much does an eviction cost in Orlando? For landlords looking for legal representation, Taormina Law  charges a flat fee of $1,400  for an uncontested eviction. This covers all standard steps in the process, ensuring compliance with Florida law and minimizing delays. Conclusion The eviction process in Florida is straightforward but requires strict adherence to legal procedures. Most evictions are uncontested, meaning landlords can usually regain possession of their property quickly. By understanding the steps and associated costs, landlords can effectively navigate the process and protect their rental investments. If you are in need of an eviction attorney in Orlando, Orange, Seminole Counties, call 407-818-1659. Check out more info here https://www.taorminalawpa.com/evictionlawyer To get started with an eviction: https://www.taorminalawpa.com/contact-3

Inheriting a house can be both a blessing and a challenge. While it may offer financial security, it also comes with legal responsibilities. One of the first things you need to do is transfer the property into your name. However, this process is not always straightforward and often involves probate. Understanding Probate A Probate case is usually the way that you transfer property into your name that you have inherited.  Probate is the legal process of settling a deceased person’s estate. When someone passes away, their assets, including real estate, must go through probate to determine rightful ownership. If the decedent left a Will, it may outline who inherits certain assets. If no Will exists, Florida intestacy laws dictate who receives the property.  Steps to Transfer an Inherited House into Your Name 1. Determine if Probate is Necessary Before you can claim ownership of the house, you need to determine whether probate is required. In Florida, probate is typically necessary unless the property was jointly owned with rights of survivorship or placed in a trust before the decedent passed away.  Another possibility to avoid probate is to have a Ladybird Deed recorded.  This will cause the property to pass by operation of law. If probate is needed, the type of administration required will depend on the estate’s value and other factors. 2. Choose the Right Type of Probate: Summary Administration vs. Formal Administration There are two main types of probate in Florida: Summary Administration  – This is a faster, less expensive process available if the estate’s total value (excluding the homestead property) is less than $75,000 or if the decedent passed away more than two years ago. In summary administration, there is no need to appoint a personal representative. Formal Administration  – This is the standard probate process for larger estates or when a personal representative needs to be appointed to handle assets and debts. Formal administration typically takes several months to over a year to complete. A Florida probate attorney can assess your situation and determine which probate process is best for your case. 3. File the Required Court Documents To start probate, you or your probate attorney must file a petition with the appropriate Florida court. If a Will exists, it must be submitted along with the petition. The court will either validate the Will or follow intestacy laws if no Will is present. For summary administration , the court will issue an order directing the transfer of the property to the rightful heir(s). For formal administration , the court will appoint a personal representative (executor) to manage the estate, including transferring property titles. 4. Resolve Any Outstanding Debts or Liens Before the court allows the house to be transferred to you, any outstanding debts, including mortgages, property taxes, or other liens, must be addressed. The personal representative (in formal administration) is responsible for ensuring creditors are notified and paid from the estate’s assets. 5. Obtain a New Property Deed Once the probate process is complete, you will need to record a new deed in your name with the county’s property records office. A Florida probate attorney can help ensure the deed is properly prepared and filed. 6. Update Property Tax Records and Insurance After the property is officially in your name, notify the county property appraiser’s office to update tax records. Additionally, ensure that the homeowner’s insurance policy reflects your ownership to protect your investment. Assets That Usually Go Through Probate Real Estate  – Any property solely owned by the decedent or owned as tenants in common with others. Bank Accounts (Without a Payable-on-Death Beneficiary)  – Accounts solely in the decedent’s name without a designated beneficiary. Investment Accounts (Without a Transfer-on-Death Beneficiary)  – Stocks, bonds, or brokerage accounts not set up with a transfer-on-death (TOD) designation  or held in a trust. Vehicles  – Cars, boats, or RVs solely in the decedent’s name. Personal Property  – Jewelry, collectibles, furniture, and other valuable personal assets without a designated beneficiary. Business Interests  – If the decedent owned a business or held shares in a closely held company, probate might be required unless there was a succession plan. Safety Deposit Box  – If the decedent solely owned a safety deposit box, its contents may need to go through probate before being accessed. Assets That Typically Avoid Probate Jointly Owned Property  – Assets owned with another person as joint tenants with right of survivorship  automatically pass to the co-owner. Life Insurance Proceeds  – Paid directly to named beneficiaries. Retirement Accounts (401(k), IRA, etc.)  – If a beneficiary is designated, these accounts bypass probate. Trust Assets  – Property held in a living trust does not go through probate. If you're dealing with an investment account  or safety deposit box , whether they require probate depends on ownership and beneficiary designations. If there's no named beneficiary or co-owner, probate is likely required to transfer them to heirs. A Florida probate attorney  can help determine the best course of action for handling these assets. Why You Need a Florida Probate Attorney Navigating probate alone can be overwhelming. A Florida probate attorney can streamline the process, prevent legal mistakes, and handle court filings on your behalf. Attorneys like those at Taormina Law, P.A.  specialize in probate and offer contingency fee options, meaning you don’t have to pay upfront. Instead, their fees come from the proceeds when the inherited property is sold, making legal assistance accessible without financial strain. Conclusion If you’ve inherited a house, transferring it into your name requires going through the appropriate probate process. Whether your case qualifies for summary administration or formal administration, working with an experienced Florida probate attorney can make the process much smoother. If you're concerned about legal fees, firms like Taormina Law, P.A.  provide contingency fee options, ensuring you only pay once the property is sold. Taking the right legal steps now will get the property into your name sooner than later. Taormina Law: Probate Home Page Contact us about Probate Other Blog Posts: How property passes without a Will in Florida: Intestacy Explained How much does probate cost in Florida? Does probate stop foreclosure? Partition Lawsuit: How long can I stay in the property?

When a homeowner passes away, their property often goes through probate, a legal process that determines how assets are distributed to heirs. If the deceased had an outstanding mortgage or owed homeowners association (HOA) dues, the property could be at risk of foreclosure. Many people wonder: does probate stop foreclosure? The simple answer is that probate alone does not automatically halt a foreclosure. However, an experienced probate attorney like Joe Taormina can often complete the probate process before a bank or HOA finalizes foreclosure proceedings, providing crucial time for heirs to take action and protect their interests. Understanding Probate and Foreclosure Probate is the court-supervised process of administering a deceased person’s estate. This includes verifying their will (if one exists), identifying heirs, settling debts, and distributing assets. If the estate includes a home with an unpaid mortgage or HOA dues, creditors may initiate foreclosure proceedings to recover their funds. Our firm is usually hired to start a probate case after the heirs have been served with foreclosure papers. Foreclosure is the legal process by which a lender or HOA reclaims a property due to missed payments. Once foreclosure is completed, ownership transfers to the bank or a third-party buyer, making it difficult or impossible for heirs to retain the property. Why Probate Doesn’t Automatically Stop Foreclosure Probate and foreclosure are separate legal processes, and one does not necessarily impact the other. A bank or HOA is not required to wait for probate to conclude before moving forward with foreclosure. However, several factors can slow down or temporarily delay foreclosure during probate, including: Notice Requirements:  Creditors must be notified of the probate process, which can extend timelines. Legal Filings:  A probate attorney can file appropriate motions to delay foreclosure proceedings. Negotiation Opportunities:  Lenders may be willing to work with the estate to avoid a lengthy foreclosure process. How an Experienced Probate Attorney Can Help While probate does not automatically halt foreclosure, an attorney skilled in both probate law and foreclosure defense, like Joe Taormina, can often resolve the probate case before the foreclosure is finalized. Here’s how: Accelerating the Probate Process:  We have an experienced probate team: intake, paralegal, and probate attorney have filed many cases in Orlando, Orange County, Seminole, Brevard, and can get an estate settled as quickly as anybody. Negotiating With Lenders:  Many banks prefer to work with heirs rather than go through foreclosure, especially if the estate intends to sell the property. Filing Legal Motions:  If necessary, an attorney can file motions to delay foreclosure, buying heirs time to resolve probate matters. Coordinating Foreclosure Defense:  Some law firms, including Taormina Law, handle both probate and foreclosure defense, ensuring a seamless legal strategy. No Out-of-Pocket Fees for Some Clients Legal fees can be a concern for heirs facing both probate and foreclosure issues. Fortunately, some law firms, like Taormina Law, offer no out-of-pocket fees for clients intending to sell the property. This means heirs can get legal assistance without the financial burden of upfront costs, making it easier to navigate both probate and foreclosure proceedings. Steps Heirs Can Take to Protect a Property in Probate If you are an heir dealing with a property in probate that is at risk of foreclosure, consider the following steps: 0 Consult a Probate Attorney Immediately:  Time is critical, and an experienced attorney can help you understand your options. Gather Financial Documents:  Obtain mortgage statements, HOA dues information, and any relevant loan documents. Communicate With the Lender:  Some lenders may offer options such as loan modifications or short sales to avoid foreclosure. Consider Selling the Property:  If keeping the home is not feasible, selling it before foreclosure can preserve equity and prevent financial loss. Conclusion While probate alone does not stop foreclosure, the right legal strategy can often prevent a bank or HOA from completing the foreclosure process before probate is finalized. An experienced attorney like Joe Taormina can guide heirs through the complexities of probate and foreclosure defense, ensuring the best possible outcome. For those facing this difficult situation, working with a firm like Taormina Law can provide the legal support needed—sometimes with no out-of-pocket costs for clients intending to sell the property. If you are dealing with a probate property at risk of foreclosure, consult a qualified attorney as soon as possible to protect your rights and financial interests. Probate attorney Joe Taormina of the Orlando Law Firm Taormina Law, P.A.

When a person dies testate (with a valid will) in Florida, their estate is distributed according to the instructions outlined in their Last Will and Testament. This legal document ensures that the decedent’s property is passed on to their chosen heirs, rather than being distributed based on state intestacy laws. However, even with a will in place, the estate must go through probate, a court-supervised process of validating the will, settling debts, and distributing assets. A knowledgeable probate attorney can guide families through this process to ensure a smooth transfer of property and assets. Understanding the Last Will and Testament A Last Will and Testament is a legally binding document that specifies how a person’s assets should be distributed after their death. It allows the testator (the person creating the will) to: Designate beneficiaries to receive their inheritance Name a personal representative to administer the estate Appoint guardians for minor children Outline instructions for paying debts and expenses By having a will, the testator can ensure that their estate is handled according to their wishes, rather than defaulting to Florida’s intestacy laws. The Role of the Personal Representative A personal representative (also known as an executor in other states) is the individual appointed to manage the deceased’s estate. This role comes with significant responsibilities, including: Filing the will with the probate court Notifying creditors and paying outstanding debts Managing and distributing assets to heirs Filing necessary tax returns Ensuring that the probate process is completed in compliance with Florida law Who Can Be a Personal Representative? Florida law sets specific requirements for who can serve as a personal representative: Must be at least 18 years old Must be mentally and physically capable of performing the duties Must be a Florida resident, unless related to the decedent by blood, marriage, or adoption Cannot have a felony conviction Typically, the person named as personal representative in the Last Will and Testament is a spouse, adult child, close relative, or trusted friend. If no one is named or the designated person is unable or unwilling to serve, the court will appoint a representative based on Florida’s statutory order of priority. The Probate Process for a Testate Estate Even when a person dies with a will, their estate must go through probate unless all assets are held in a trust or have designated beneficiaries. The probate process generally follows these steps: 1. Filing the Will and Petition for Administration The personal representative submits the Last Will and Testament to the probate court along with a petition to open the estate. The court reviews the will’s validity and appoints the designated personal representative. 2. Notifying Heirs and Creditors Once probate begins, the personal representative must notify all heirs, beneficiaries, and known creditors. Creditors are given a limited time to file claims for unpaid debts. 3. Paying Debts and Expenses Before distributing assets, the estate must settle all debts, including funeral expenses, taxes, and creditor claims. The personal representative is responsible for ensuring all obligations are met before distributing the remaining estate. 4. Distributing Assets to Heirs After debts and administrative costs are paid, the personal representative distributes the remaining assets according to the terms of the Last Will and Testament. Beneficiaries may receive cash, real estate, or other property as specified in the will. 5. Closing the Estate Once all distributions are made, the personal representative files a final accounting with the court and requests approval to close the estate. After court approval, the probate process is officially complete. Common Issues in Testate Probate Cases Even with a valid will, complications can arise during probate, including: Will Contests: Disputes over the validity of the will, often based on allegations of undue influence or lack of capacity. Ambiguous Terms: Unclear language in a will can lead to legal challenges regarding the distribution of assets. Personal Representative Disputes: Disagreements over who should serve as the personal representative, especially if multiple family members want the role. Creditor Claims: Unexpected creditor claims can delay the probate process and reduce the inheritance available to beneficiaries. A skilled probate attorney can help navigate these challenges and ensure the estate is administered efficiently and fairly. Avoiding Probate with Estate Planning While probate is necessary for most estates, some strategies can help minimize its impact or avoid it entirely: Creating a Living Trust: Assets placed in a trust bypass probate and are distributed directly to beneficiaries. Joint Ownership of Property: Property owned jointly with rights of survivorship passes directly to the surviving owner without probate. Beneficiary Designations: Naming beneficiaries on bank accounts, retirement plans, and life insurance policies allows those assets to pass outside of probate. Conclusion When a person dies testate in Florida, their property is distributed according to their Last Will and Testament. The probate process ensures that debts are paid and assets are properly transferred to heirs. A personal representative is responsible for overseeing this process, ensuring the estate is administered fairly and according to the law. Having a clear estate plan can help streamline the probate process and protect loved ones from unnecessary legal complications. If you need assistance with probate or estate planning, consulting an experienced probate attorney can help ensure your wishes are honored and your inheritance is secured. For guidance on Florida probate or to create an estate plan, contact our office today for a consultation. Orlando real estate

Intestacy Explained. When a person dies without a valid will in Florida, their estate is distributed according to the state's intestacy laws, which are found in Chapter 733, Florida Statutes. This legal framework determines who inherits the deceased’s assets based on their familial relationships. Without a will, the probate court follows a set hierarchy to identify the rightful heirs and allocate the inheritance accordingly. Understanding these laws can help families navigate the probate process and ensure their rights are protected. If you are dealing with an estate without a will, consulting a probate attorney can be crucial in managing the legal complexities. What is Intestacy? Intestacy refers to the legal process that governs how property is distributed when someone dies without a will. The Florida intestate succession statutes outline who inherits the decedent’s estate, prioritizing close family members. These laws ensure that a deceased person's assets are transferred in a structured and predictable manner, though they may not always align with the decedent’s personal wishes. How Florida’s Intestacy Laws Work When a person dies intestate , the court must identify their heirs and distribute their assets according to Florida’s intestacy statutes. The following rules generally apply: 1. Surviving Spouse If the deceased was married, their spouse is typically the primary beneficiary: If the decedent had no children (or all children are from the same marriage), the spouse inherits the entire estate. If the decedent had children from a previous relationship, the surviving spouse receives half of the estate, and the remaining half is divided among the children. 2. Children and Descendants If there is no surviving spouse, the entire estate passes to the deceased’s children in equal shares. This includes biological and legally adopted children, but it excludes stepchildren and foster children unless they were legally adopted. 3. Parents If the decedent had no spouse or children, their estate goes to their parents in equal shares. If only one parent is alive, that parent inherits the entire estate. 4. Siblings and Extended Family If no spouse, children, or parents survive the decedent, the estate is divided among siblings. If there are no siblings, the law continues down the family tree to nieces, nephews, grandparents, and other more distant relatives. 5. The State of Florida If no living relatives can be found, the estate ultimately escheats to the state, meaning the government takes possession of the property. This is rare, as Florida intestacy laws prioritize even distant relatives before resorting to escheatment. The Probate Process in Intestacy Cases When someone dies without a will, their estate must go through probate, a court-supervised process for distributing assets. A probate attorney can help families navigate this process, which typically includes: Filing a Petition – A family member or interested party files a petition with the probate court to open an intestate estate. Appointing a Personal Representative – The court appoints a personal representative (executor) to manage the estate. If there is no will, Florida law determines who qualifies for this role. Identifying Heirs – The court reviews the deceased’s family relationships to determine the rightful heirs under intestacy laws. Paying Debts and Taxes – Before distribution, the estate must settle outstanding debts, taxes, and administrative expenses. Distributing Assets – Once debts are cleared, the remaining assets are distributed to the rightful heirs according to Florida’s intestacy laws. Challenges in Intestate Probate Cases While Florida’s intestacy laws provide a clear order of inheritance, disputes can arise. Some common challenges include: Unclear Heirship – Determining the rightful heirs can be difficult, especially if family relationships are complex. Contested Estates – Family members may disagree over the distribution of assets, leading to legal disputes. Creditor Claims – If the deceased had outstanding debts, creditors may file claims against the estate, reducing the inheritance available to heirs. Multiple Marriages or Blended Families – When stepchildren, half-siblings, or former spouses are involved, the division of assets can become contentious. A skilled probate attorney can help resolve these disputes, ensuring a fair and legally compliant estate distribution. How to Avoid Intestacy Dying without a will can complicate the inheritance process and lead to unintended consequences. To ensure your assets are distributed according to your wishes, consider the following estate planning steps: Draft a Will – A legally valid will allows you to specify how your property should be distributed and who will manage your estate. Create a Trust – Trusts can help avoid probate and provide greater control over asset distribution. Name Beneficiaries – Certain assets, like life insurance policies and retirement accounts, allow you to designate beneficiaries, bypassing probate. Consult a Probate Attorney – An estate planning professional can help ensure your documents comply with Florida law and meet your specific needs. Conclusion Florida’s intestacy laws determine how property is distributed when someone dies without a will, prioritizing spouses, children, and other close relatives. While the laws provide a structured approach, they may not always align with the deceased’s wishes, and disputes can arise among potential heirs. Navigating the probate process in an intestate estate can be complex, making it essential to seek guidance from an experienced probate attorney. If you need assistance with an intestate estate or want to create a plan to avoid intestacy, contact our office today for a consultation.

Understanding Partition Law: How Long Does It Take and Can You Stay in the Property? Partition law plays a crucial role in resolving disputes between co-owners of real estate. When individuals jointly own property and cannot agree on its use or sale, they may need to pursue a partition action. However, a common concern for property owners involved in a partition case is how long the process takes and whether they can continue living in the property while the partition is pending. If you are facing such a situation, consulting a partition attorney  like Joe Taormina can help you navigate your legal options effectively. What is Partition? Partition is a legal process allowing co-owners of property to divide their interests. This situation typically arises when one owner wants to sell their share, but the other co-owners do not agree. When negotiations fail, a court can intervene and order a partition. There are two primary types of partition: Partition in Kind  – The court physically divides the property among the owners. This method is common for large land parcels that can be fairly split without reducing their value. Partition by Sale  – When physical division is impractical or would significantly decrease the property's value, the court may order a sale of the property, with proceeds distributed among the co-owners based on their ownership percentages. How Long Does a Partition Case Take? The time frame for a partition action can vary widely depending on several factors, including court schedules, property type, and the level of dispute between the owners. The general answer is about six months for a quick partition. Here’s a general timeline: 1. Pre-Filing Negotiations (1-3 Months) Before filing a lawsuit, co-owners often attempt to resolve disputes through negotiation. If an agreement is reached, the need for a court-ordered partition may be avoided, saving time and legal costs. 2. Filing the Partition Lawsuit (1-2 Months) Once a partition attorney files the lawsuit, the next step is to serve the defendants (co-owners). The defendants have 20 days to respond. If they contest the partition, the case may take longer to resolve. 3. Property Appraisal and Valuation (2-6 Months) If the case moves forward, the court may order an appraisal of the property to determine its fair market value. This is particularly important in a partition by sale, where proceeds must be divided equitably. 4. Mediation or Settlement Discussions (3-6 Months) Courts often encourage mediation to reach a settlement before a trial. If all parties agree on a resolution, the case can conclude much faster. 5. Court Hearings and Trial (6-18 Months) If mediation fails, the case proceeds to court. Depending on the complexity of the issues, multiple hearings may be required. A full trial can extend the process further. 6. Sale and Distribution of Proceeds (3-6 Months) For a partition by sale, the court orders the property to be sold, and the proceeds are distributed based on ownership shares. This step can take additional time, especially if market conditions impact the sale timeline. Total Estimated Time Frame:  6 to 24 months, though uncontested cases may be resolved within a year. Can You Live in the Property During a Partition Action? Many co-owners wonder whether they can continue residing in the property while a partition action is pending. The answer is almost always YES. Usually, one of the owners lives in the property. Almost always, they can continue living in the property until the lawsuit is resovled and the property sells. One thing to consider though is the other party can make a claim that they should be entitled to a credit for the reasonable rental value of the property. This is a rather nuanced legal concept and it usually overlaps with the parties claims for credits out of the sale of the property. If you are concerned how long you can stay in property or what effect it will have, it is best to speak with a partition lawyer with experience handling cases in court, like Joe Taormina at Taormina Law, P.A. Protecting Your Rights During a Partition Case If you are involved in a partition case, taking proactive steps can help protect your rights: Consult a Partition Attorney  – A partition attorney in Orlando  can evaluate your case and advise on the best legal strategy. Negotiate a Settlement  – If possible, reaching an agreement outside of court can save time and costs. Understand Your Rights to Compensation  – If you are the sole occupant, the court may require rent payments or expense-sharing. Prepare for a Sale or Buyout  – If a partition by sale is inevitable, consider negotiating a buyout with the other owners. Conclusion Partition cases can take anywhere from a year to several years, depending on the complexity of the case and the level of dispute among co-owners. While a partition action is pending, one co-owner may continue living in the property under certain conditions, but the court may require fair compensation for other owners. Consulting with an experienced partition attorney in Orlando  can help you navigate this process efficiently and protect your interests. If you need legal assistance with a partition matter, contact our office today for a consultation.