What is a Ladybird Deed? Can I avoid Probate?

As an Probate Attorney in Coral Springs, my firm deals with all types of deeds.

Life Estate Deeds:

With a “regular” life estate deed, the owner of the real estate makes a gift of the property to beneficiaries, called remaindermen. The owner retains a life estate in the property as long as he is alive. He is responsible for all maintenance and taxes on the property. The life tenant cannot mortgage or sell the property during his/her lifetime without the permission and “joinder” of the remaindermen. The life tenant effectively gives the property away—and unilateral control of the property—during his/her lifetime, unless the remainderman join into the transaction.

Ladybird Deed

With an “enhanced” life estate or Lady Bird Deed, the owner of the part of real estate, the “life tenant and Grantor” retains complete control over the property during his/her lifetime. He/She has the right to mortgage or sell the real estate without the consent of his/her remaindermen named in the deed because they have not actually given the property to them yet. The property doesn’t transfer until the death of the life tenant. Once the life tenant passes away, the property is automatically transferred to the beneficiaries avoiding Probate.

If you would like to know more about Ladybird Deeds and how to avoid Probate, call our office today 954-334-1520. Our main office is located in Coral Springs, Florida. We offer free initial consultation, by phone or in person.

Voted Favorite Real Estate Attorney in Coral Springs by Readers Choice

Attorney-in-Coral-Springs

Reinfeld & Cabrera P.A. are proud and honored to have been voted favorite real estate attorney in Coral Springs by Readers Choice magazine for 2014. Readers Choice is a publication dedicated to bringing a focus on the people, the businesses, the schools and organizations that enrich the quality of your life in your community. It is for this reason that we feel privileged to have been recognized by Reader’s Choice and voted favorite real estate attorney in Coral Springs. As an attorney in Coral Springs we have made it our duty to ensure that our clients and community receive top priority and personal attention that they deserve.

While we have an already established practice in plantation, which we still consult from, our Coral Springs office only recently opened doors in June 2013. Although we are still considered a reasonably new attorney in Coral Springs we have extended our long-established practice of offering a free consultation and facilitation of house calls in necessary circumstances to our new location. We at Reinfeld & Cabrera P.A. have always endeavoured to provide the highest quality and most affordable legal representation to protect our client’s rights.

At Rienfeld & Cabrera P.A. there are few better than Michael A. Cabrera to turn to for advice concerning real estate law. From 1997 to 2001 Mr. Cabrera proudly served in the U.S. Army and Florida National Guard, after which he began his path toward becoming an attorney in Coral Springs. As a seasoned attorney in dealing with residential and commercial real estate law – including contract review, evictions, foreclosure defense, property damage, title disputes, short sales, and land lord tenant issues – Mr. Cabrera has extended his expertise to litigation involving real estate matters. Adding to this the fact that Mr. Cabrera is fluent in Spanish and English makes him a valuable asset to the community as an attorney in Coral Springs.

The next time you need legal advice regarding real estate issues do not hesitate to contact the law office of The Law Office of Reinfeld & Cabrera P.A. and make a time for your free consultation.

How Do I Evict a Family Member?

Coral Springs eviction attorneyEvicting a normal tenant can be a difficult procedure. However, if this unwanted tenant is a family member the process becomes even more difficult and emotionally taxing. To avoid an already trying situation from getting any worse, use an experienced Coral Springs eviction attorney to help you.

Eviction laws may differ from one state to the next, so if you want to evict a family member in the South Florida area, it is advisable to contact the experienced Coral Springs eviction attorneys at Reinfeld & Cabrera. Using an eviction attorney who practices in your area means that they will have specialised knowledge of the local law procedures and what is needed for an easy eviction process.

Here is a basic outline of what you and your eviction attorney will need to do and the process you will need to follow in order to evict a family member:

  • The first step is to issue a letter informing your family member that you would like them to vacate the premises within 15 days. You will also need to keep a copy of this letter. Consult an eviction attorney concerning the correct requirements that this letter will stipulate.
  • Next, if the family member still refuses to leave you can treat the eviction the same way as you would a normal tenant/landlord situation. You will have to file an eviction case in court. The eviction case is the landlord’s request or formal demand made to the County Court asking for the tenant to be evicted.
  • The court will then serve your family member with an eviction summons. They will have to appear in court to represent their case or else they will have to move out. If it goes to court, you will have to appear in court. This is where an eviction attorney can help you to get the outcome you want.
  • If you have an experienced Coral Springs eviction attorney on your side, your case should be pretty straightforward. You will then be issued a judgment of possession. Your family member will then have a few days to completely vacate the premises.

This should be the end of the process, however, in some cases the family member still refuses to leave. You can then discuss your options moving forward with your eviction attorney.

It is important to remember that if you have more than one family member over the age of 18 who you would like to evict, you will have to serve each one of them with a notice to evict and follow the same procedure.

Whatever the reason for you wanting to evict a family member, the process will be a lot easier and stress free if you consult with a knowledgeable Coral Springs eviction attorney.

The Importance of Having an Attorney at Closing

real-estate-attorney

If you are thinking about entering the property market you may have already thought about what the importance of having a real estate attorney at closing is. As an experienced real estate attorney in Florida, we at Reinfeld & Cabrera P.A. are aware of the temptation to forego the assistance of a real estate attorney when it comes to closing. That is why we feel it is our duty to provide you with as much information about the importance of having a real estate attorney at closing before you make a decision you may later regret.

Performing a real estate closing is extremely complicated and calls for a comprehensive knowledge of the law. That is why sensible sellers and purchasers will approach a real estate attorney for assistance. Real estate closings involve a host of complex stages from examination of the title, completion and explanation of legal documents, to resolution of potential title difficulties. Your real estate attorney will be able to work through each of these stages with as little hassle to you as possible. Your real estate attorney will examine the title records for things such as prior conveyances, unpaid mortgages, liens, judgments, easements, and any other impediments on title. Your real estate attorney will be able to make sure that the seller is legally allowed to convey a good title to the property. Additionally your real estate attorney will be able to ensure that there are no mistakes in the deeds in the chain of title. Your real estate attorney will also negotiate with the title insurance company for insurance coverage against any opposing claims of ownership, liens, and easements.

Once all of the above is in order your real estate attorney will then join all the important information into one set of closing documents. At the closing your real estate attorney will make sure that all the parties involved fully understand any issues implicated in the transaction. Thereafter your real estate attorney will distribute funds, record relevant documents as public records, and prepare title insurance policies for the purchaser and lender.

As your real estate attorney we at Reinfeld & Cabrera P.A. will review and negotiate the specific terms of contracts; assess financing options and explain the terms of loans; request title searches, surveys, mortgage payoff letters, condominium documents and all other items necessary for closing; prepare the deed, all other closing documents, and closing figures; evaluate all legal documents; attend the closing and ensure a clear title is conveyed; analyze charges making sure they are coherent with estimates; and identify anything that may have an effect on your property interest as well as provide counsel if any difficulties do arise.

Instead of have you struggle through the complicated closing procedures alone we at Reinfeld & Cabrera P.A. would be honored to handle the process on your behalf as your real estate attorney. Give us a call today to find out how we can help you.

Don’t Go Through An Eviction Without An Attorney

Coral-Springs-Eviction-Attorney

Are you in the Coral Springs area and are planning to evict a troublesome tenant or are a tenant who has been served an undue eviction notice? If the answer is yes, you will need to contact an experienced Coral Springs eviction attorney such as Reinfeld & Cabrera, P.A. We say “don’t go through an eviction without an attorney” and here’s why…

A Coral Springs eviction attorney will be practiced and knowledgeable in the area of eviction and landlord law within your area. Because property law often differs from one state to the next you will want an eviction attorney who knows what they are doing when it comes to the specific details and complexities of eviction law in Florida and Coral Springs.

As eviction attorneys in Coral Springs, Reinfeld & Cabrera aim to avoid eviction litigation as much as possible by drafting lease agreements which are fair and protect their landlord and tenant clients. This will prevent you from running into an unfavourable eviction situation and the costly affair of litigation.

However, if the need for litigation does arise, you will definitely want the help of a practiced Coral Springs eviction attorney. Because an eviction lawsuit is usually shorter than regular civil cases, there is a higher toll for this expedited treatment. Landlords must comply with many complex protocols, for example they must notify the tenant of the lawsuit and they have to file many papers and forms. Another thing to think about when resorting to litigation is that the tenant’s home that’s at stake, so a judge may not easily rule in the favour of the landlord. It is not as easy for a landlord to win an eviction lawsuit as many people may assume, even if the case is pretty straightforward.

The eviction attorneys at Reinfeld & Cabrera are experienced in many aspects of landlord and eviction law and we will be able to assist you no matter what specific issue you are dealing with. As Coral Springs eviction attorneys we are skilled in dealing with the following scenarios:

Large commercial evictions
Assignment and sublet disputes
Security deposit claims
Disputes between roommates
Nuisance claims and condemnation
Destruction of the premises
Premises liability and indemnity
Enforcement and defense of rent escalation provision
Landlord remedies (including acceleration of rent)
Disputes involving the renewal and exercise of options to renew
Wrongful or constructive evictions
Breach of lease agreements
Summary of proceedings
Vacating of premise
Abandonment of personal property

As you can see, there are a myriad of issues which may arise or affect your case when you are dealing with the eviction process so you will want to have your Coral Springs eviction attorney by your side to guide you through it all. Don’t let yourself be a victim of unfavourable eviction proceedings, contact Reinfeld & Cabrera for Coral Springs eviction attorneys you can count on.

Facing Bankruptcy?

Bankruptcy-AttorneyAre you facing bankruptcy? Do you have a professional bankruptcy attorney who you can rely on? Do you understand what it means to face bankruptcy? As an experienced bankruptcy attorney, Reinfeld & Cabrera, P.A. will answer all your bankruptcy questions as and when you need. Here are a few questions that you can ponder in order to give you a head start on bankruptcy and bankruptcy attorneys.

What is bankruptcy?
Very basically bankruptcy is a legal status of a person or entity that cannot repay its debts owed to creditors. Bankruptcy is often imposed by a court order initiated by the debtor. Here in Florida the Bankruptcy Code located at Title 11 of the United States Code governs us. There are six types of bankruptcy under the Bankruptcy Code. The most commonly used types of bankruptcy are Chapter 7: basic liquidation for individuals and businesses and Chapter 13: rehabilitation with a payment plan for individuals with a regular source of income. Chapter 7 (also known as straight bankruptcy) is the simplest and quickest type of bankruptcy in existence, while chapter 13 (also known as Wage Earner Bankruptcy) permits individuals with regular income to develop a means of paying off their debt through a repayment plan.

What is a bankruptcy attorney?
A bankruptcy attorney is in charge of helping you through the intricate bankruptcy process. An experienced bankruptcy attorney such as Reinfeld & Cabrera, P.A. will ensure that you make no mistakes in preparing your petition. Experienced bankruptcy attorneys are better prepared to deal with any questions, concerns, or requests from the court than ordinary attorneys. A bankruptcy attorney will also appear with you at your Meeting of Creditors and help you to prepare and submit any additional documentation required until your case is discharged.

What should you do when facing bankruptcy?
As we have mentioned bankruptcy is a complicated and intricate process. With many forms to fill in and file, and potentially problematic procedures to navigate, facing bankruptcy on your own is not advisable. Arguably the wisest move you could make the moment you realise you may be facing bankruptcy is to contact an experienced bankruptcy attorney. Having a bankruptcy attorney such as Reinfeld & Cabrera, P.A. assist you through bankruptcy will ensure that you are in the best of hands when it comes to the complex bankruptcy process. If you are facing bankruptcy please contact at your soonest opportunity to ensure that you have the support you need during the bankruptcy process.

It Makes Sense To Use A Real Estate Attorney When Buying A House

It makes sense to use a real estate attorney when buying a house

Congratulations on the finding the property of your dreams! But before you go any further, let the experienced attorneys at Reinfeld & Cabrera, P.A. tell you why it makes sense to use a real estate attorney when buying a house.

Firstly, there is always a lot of official paperwork that surrounds the selling and purchasing of any property. In order for a sale to be legitimate, there needs to be a well-documented and legally binding contract. From sales contracts and financing agreements to title deeds you will have paperwork coming out of your ears! Often these contracts will be filled with legalese (fancy lawyer speak) and complicated processes and clauses. A real estate attorney will be there to relieve you of this headache and to explain the things you may not understand.

Real estate attorneys such as Reinfeld & Cabrera are experienced in dealing with these contracts and because they are familiar with the procedures they will be able to process everything much faster and more efficiently than an estate agent or you will be able to. They will also make sure that there are no possible glitches or issues for the buyer of the property and that all parts of the transaction follow state law. This includes your real estate attorney doing a title search to ensure that there are no liens or judgements against the perfect little place you plan to make your home. A title search ensures that the property owners have a legal right to sell the house. A real estate attorney will always have your best interests in mind.

Aside from all the paperwork flying around, there are other parts of your transaction that will need to be dealt with. Inspections and negotiations on the sales, repairs or maintenance will undoubtedly come about. You will want to have an experienced real estate attorney on your side to make sure that your property is received in top condition and that you are getting what you pay for and no less. During the negotiations and inspections it often happens that certain issues will occur. For instance you may find some structural damage to the property that makes it unsafe or the electrical system needs to be repaired. You won’t want to have to deal with these extra expenses once you have already purchased the property. A real estate attorney will guarantee that all issues are either compensated for in the price or that the seller is contractually obligated to repair any problems.

Hopefully with a knowledgeable real estate attorney on your side, you will never have to go into the process of litigation. However, if a dispute does arise and the issue is taken to court, you will be eternally thankful that you have a skilled real estate attorney to represent your interests. So don’t let your new home be tainted by any possible problems that may occur during the process, make sure that you start off on a stress-free and happy foot when buying your house – call a real estate attorney from Reinfeld & Cabrera today!

Finding The Right Attorney in Coral Springs

Attorney-in-Coral-SpringsThere are many ways to go about finding the right attorney in Coral Springs. Although it may seem an overwhelming task, finding the right attorney is easier than you think. We at Reinfeld & Cabrera P.A. feel that finding the right attorney goes beyond simply sourcing an attorney you need to identify an attorney who suits you personally. Below is a rundown of our advice to help you in finding the right attorney in Coral Springs.

Sourcing an attorney:
Recommendations are a good place to start. Begin by asking your friends, co-workers and employers if they know of, or, could recommend a good attorney in Coral Springs. Business owners and working professionals (like bankers, doctors, and social workers) may also be able to point you in the direction of finding the right attorney in Coral Springs. A common method of finding an attorney in Coral Springs is through Advertisements. Although not all attorneys choose to advertise, attorney advertisements are everywhere – from the Yellow Pages and newspapers to television, radio and the Internet. What is important to remember when finding an attorney in Coral Springs through advertising is to make sure that you keep the advert or make notes for your reference purposes. Another means of finding the right attorney in Coral Springs is through certified lawyer referral services. These are services that help you (as the potential client) find the right attorney in Coral Springs who is experienced in the appropriate area of the law. The Florida Bar (http://goo.gl/s170Q0) offers some information on lawyer referral services. Other means of finding an attorney in Coral Springs includes: Public interest groups; free legal aid agencies; dispute resolution programs and prepaid legal services plans.

Identifying an attorney who suits you:
Now that you are aware of the various methods of finding an attorney in Coral Springs, let’s chat about identifying the RIGHT attorney for your particular needs. It is important that you interview any prospective attorneys by speaking with each attorney personally. The most efficient way of doing this is to outline your needs in advance. Thus when you meet your potential attorney you can properly evaluate them, their behavior and their work ethic. This will help you make a well-rounded decision before beginning your client-attorney relationship. Pay particular attention to their personality (you must feel comfortable with your attorney); their communication and promptness (you want a lawyer who will work hard on your behalf and follow through promptly on all assignments); and their willingness to work with you (you will need an attorney who is willing to assist you in developing an understanding of the legal principles surrounding your problem)

By following our advice, finding the right attorney in Coral Springs, such as Reinfeld & Cabrera P.A., will result in a rewarding and successful relationship.

Why Would You Use a Real Estate Attorney?

Why would you use a real estate attorney like Reinfeld & Cabrera P.A. in Coral Springs? What with the complexity of real estate transactions being a tricky beast to navigate the assistance of a real estate attorney is invaluable.

Whether you are a new or seasoned homebuyer or seller, a real estate attorney such as Reinfeld & Cabrera P.A. will be able to assist you through the legal process of the transfer of ownership of property. A properly qualified real estate attorney will be able to handle issues concerning real property transactions. There are a myriad of real property transactions such as title searches, property transfers, condominiums and cooperatives, interval ownership, mortgage, zoning and land use planning, real estate development, real estate litigation, and determination of property rights. The list is endless with each case requiring the sort of attention only a trained professional can provide.

Drafting of documents is one of the fundamental tasks that a real estate attorney will perform. It is worth remembering that only a licensed real estate attorney can draft and revise these documents. From real estate conveyances, leases and rental agreements to purchase contracts and financing agreements the duty of a document drafter requires the critically trained eye of a real estate attorney.

As you might know the area of negotiations is not for the feint hearted. Owing to the level of training and experience of real estate attorneys such as Reinfeld & Cabrera P.A. it would be prudent of you to ask a real estate attorney to negotiate the terms and conditions of real estate deals on your behalf.

Litigation can become a complicated affair and while most real estate transactions proceed with relative ease, some transactions do result in complications that can only be resolved through litigation. Having the assistance of a real estate attorney should ensure that your real estate transactions continue smoothly. However in the unlikely event of real estate complications and litigation you would be in the safest of hands with an experienced real estate attorney from Reinfeld & Cabrera P.A. representing you.

A real estate attorney will also provide significant insight your real estate transaction review process. Owing to the well-rounded experience of the attorneys at Reinfeld & Cabrera we will identify any issues that you may not recognize in your real estate transaction. In other words you can regard us as your own personal real estate guardians skilled at ensuring that you don’t fall into any unseen legal traps.

Florida real estate laws are complicated and, as you can see, each real estate transaction is different. Do not hesitate to consult with a real estate attorney from Reinfeld & Cabrera P.A. on any of your real estate concerns.

Have Peace of Mind During The Closing Process

There are several good reasons why you should have a real estate attorney present during the closing process of a real estate transaction. Not only will a knowledgeable and experienced attorney give you peace of mind, they will also be there to help you in a number of different circumstances.

Most non-lawyers are not able to fully understand the language of the law. All of the paperwork during the closing process is written in “lawyer speak” and includes important information about paying or transferring taxes, as well as insurance. If you have any questions, you will need a real estate attorney present to provide clarification on the formal language of the paperwork and provide answers.

If a dispute arises during the closing process, you will want a real estate attorney to represent your interests. While you may think both yourself and the other party have come to terms with the purchase agreement, any number of disputes can occur at the closing. Disputes over the cost, the closing costs or when the buyer will take possession, are all common issues that come up during a closing. A knowledgeable real estate attorney will be able to represent your interests, using the law as backing.

Finally, real estate law can differ from state to state so you will want someone present who is well-versed in the state law of Florida. For example, a real estate attorney in Florida will be able to provide you with information about Florida’s homestead tax exemption – specific information about the state’s laws.

You never know when a dispute will arise, when you will have a question about the legal speak of the closing documents, or if you need to know information specific to the state of Florida at the closing process of a real estate transaction. That’s why you need to be prepared and have a real estate attorney, such as one of skilled attorneys at Reinfeld & Cabrera, P.A., on your side to represent your best interests.