The Edwards Law Firm, PL

12/25/2022

10/17/2022

Summary administration is a faster and cheaper type of probate administration known in other states as “small estate” administration. An estate containing less than $75,000 in non-exempt assets OR one that belongs to a decedent that passed away more than two years ago is eligible for summary administration.

A summary administration is more simple than a formal administration and generally is a less expensive method of administering a decedent’s assets. One of the most common uses of a Summary Administration is in conjunction with the filing of a Petition to Determine Homestead. Since a Florida Resident’s homestead is not considered a probate asset, it is not included in the calculation of the size of the estate in the determination of whether a Summary Administration can be used. While a formal administration can take 6-12 months or more to complete, a summary administration of an estate without creditors can be completed in as little as a week.

However, a summary administration is not appropriate in all instances. A summary administration cannot be used if the value of the assets subject to administration is more than $75,000 and cannot be used if the appointment of a personal representative is needed to handle the legal or business matters on behalf of the estate. If you have questions about whether a summary administration is appropriate to administer the estate of your loved one, please call our office at (941) 363-0110 to speak with one of our experienced probate attorneys.

10/11/2022

There are many wide-ranging legal issues after a hurricane devastates a community. There is typically loss of utilities, damage to landscaping, flooding and other minor inconveniences that nearly everyone experiences. But what happens when you are a landlord of a rental property that is occupied by tenants? What are the landlord’s legal obligations to the tenant and what are the landlord’s rights related to access for the purpose of making repairs?

These issues will typically be governed by Chapter 83, Florida Statutes and the parties’ lease agreement. Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed.

But what happens when there is damage and repairs need to be made but the tenant is uncooperative in allowing the landlord’s contractors to access the Property? Under Section 83.51, Florida Statutes, The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

Under Section 83.53, Florida Statues, the tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The landlord may enter the unit AT ANY TIME for protection or preservation of the premises and may otherwise enter the dwelling unit upon reasonable notice to the tenant (at least 24 hours prior to entry) and at a reasonable time (between 7:30am and 8:00pm) for the purpose of repair of the premises.

If you are a landlord and have questions about your rights and responsibilities related to your hurricane-damaged rental, please call (941) 363-0110 to schedule an appointment with one of our experienced real estate attorneys.

10/05/2022

FEMA LEGAL ASSISTANCE HOTLINE 866-550-2929
The Florida Bar’s Young Lawyers Division has activated the Disaster Legal Services Hotline at flayld.org/FEMA to answer legal questions from impacted hurricane victims on a pro-bono basis, in
conjunction with the ABA’s Young Lawyers Section and Federal Emergency Management Agency at 1-866-550-2929. The service provides qualifying residents with storm-related legal help across a
range of topics including securing FEMA and other benefits; assistance with life, medical, and property insurance claims; help with home repair contracts and contractors; replacement of wills and other important legal documents destroyed in the storm; assistance with consumer protection matters; and counseling on landlord/tenant problems.

Counties covered under the disaster declaration include Charlotte, Collier, DeSoto, Flagler, Hardee, Hillsborough, Lee, Manatee, Orange, Osceola, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, and Volusia Counties.

Dear Florida Lawyer: As we approach what likely will be a very active hurricane season, we’ve begun preparations for opening The Florida Bar Young Lawyers Division Disaster Legal Services Hotline. After a hurricane hits, many people need simple advice about how to get their life back in order. All...

09/21/2022

https://www.edwards-lawfirm.com/blog/2022/september/do-you-need-to-update-your-will-when-you-move-to/

When you move to Florida, it is a good practice to have your will reviewed and updated by an attorney. Our wills, trusts and estates attorneys explain why in our latest blog.

08/29/2022

Our lead attorney, Sheryl A. Edwards was recently honored by SRQ Magazine as an Elite Top Attorney in the area of Real Estate. If you have a legal issue that requires the skill and experience of a Board Certified Real Estate Attorney, please give us a call.

07/20/2022

Fees on Condominium and Homeowners' Association Estoppel Letters are capped by statute. Prior to July 1, 2022, an Association could charge no more than $250.00 for an Estoppel Letter.

However, starting on July 1, 2022, the cap on an Association Estoppel letter was increased to $299.00. This cap will remain in place for 5 years until it can be adjusted again on July 1, 2027.

09/08/2020

We are proud to announce that our lead attorney, Sheryl A Edwards, has been selected to SRQ Magazine’s 2020 List of Elite Top Real Estate Attorneys!

04/30/2020

Can't agree what to do with co-owned property?

There are many different ways that co-owners of property in Florida may acquire their interests, the most common of which is when a husband and wife purchase property together. However, in today’s modern society, we see unmarried couples (i.e. boyfriends and girlfriends, unmarried same s*x partners) purchase property together and also regularly see children inherit property from their deceased parents making them co-owners with their siblings. However, couples often split up and siblings often disagree about what to do with jointly owned property.

In situations involving disagreements about property jointly owned by a husband and wife who are splitting up, the dispute is typically handled in the divorce action. However, in disputes about co-owned property between unmarried owners that cannot be resolved through negotiation, a different type of action known as a “partition action” is required.

An action for partition is a type of lawsuit that can be filed by any co-owner asking the court to order a sale of the property when it is impossible or impractical to physically divide (i.e., a single family residence or condominium). In either case, all co-owners of the property will be parties to the partition lawsuit.

In the partition action, the court typically will order an accounting so that the amounts each owner has paid for mortgage payments, taxes, insurance, utilities, association dues and other maintenance expenses are calculated. The court will also order that the property be sold at a public or a private sale and will equalize any imbalance in the payment of property maintenance expenses and mortgage payments paid by one owner over another. Depending on the circumstances, the Court may also order an allocation of the attorney’s fees and costs incurred to file the partition action between the co-owners.

If you and other owners of a property cannot agree whether to sell the property or keep it, call our office today at (941) 363-0110.

04/03/2020

Drive-thru Will Signings

At The Edwards Law Firm, PL, we have developed a procedure to help you execute a new will or update your old one from the safety of your vehicle. We can draft your documents in advance after receiving your instructions by phone or email. When your will and other documents are ready to be executed, we will witness and notarize your documents in our office parking lot while you stay in your vehicle. Call us at (941) 363-0110 with any questions or to schedule an appointment for your Drive-thru Will Signing!

01/23/2020

Protect your property ownership today and sign up for the new service with the Sarasota Clerk's office. You will receive automatic notification whenever any document is recorded in the Official Records under your name.

Property and mortgage fraud is considered the fastest growing white-collar crime in the United States. By filing fake deeds, scammers appear to own property, and can fraudulently rent or sell the property without the knowledge of the true owner. Your Sarasota County Clerk and Comptroller wants to he...

01/14/2020

20 Contract Preparation Tips for 2020

Tip #4 - Avoid overlapping contingencies - in order to make your Buyer's offer look the most attractive to a Seller, avoid overlapping contingencies. For example, instead of having the general inspection contingency in the As-Is contract, and adding a contingency for attorney review, and adding a mold inspection contingency and an insurance contingency, you should consider that the general inspection contingency in the As-Is contract allows your Buyer to cancel for any reason.

Thus, instead of having a separate contingency for each issue, just use the general inspection contingency and make the inspection period long enough so that you can have your attorney review, your general inspection, your mold inspection, your insurance shopped within that period of time. If one of the inspections causes your Buyer to want to cancel the contract, you are able to do so with the general inspection contingency in paragraph 12.