Going through a divorce is hard enough, but you will definitely want to make sure you have a good divorce attorney when there are children involved. Child custody cases can be extremely difficult and stressful, often because of the high level of emotion that is involved, so you need to have a trusted attorney on the case.
Before a child custody case goes to court, your former partner and you should always try to reach an agreement first. In fact, a divorcing couple is required to attend mediation under Florida law, when children are involved. A good divorce attorney will be able to help you through the mediation process. If mediation fails to produce a child custody agreement, a judge will resolve your child custody case, determining the fate of your children.
Knowledgeable divorce attorneys will look at your specific situation and determine if you should argue for sole custody or joint custody. Sole custody means you are the parent that makes the big decisions, such as where your child (or children) will go to school or church. Generally, when one parent is awarded sole custody, the other parent has set visitation times. Joint custody means both parents, together, come to some sort of an agreement about these types of big decisions.
Another important aspect of child custody cases are child support. A divorce attorney will not only help you retain custody in a child custody case, will but will also help you receive the child support needed in order to effectively raise your children.
The divorce attorneys at Reinfeld & Cabrera P.A. will vigorously defend your interests in a child custody case, while remaining sensitive to your family and personal needs. We are experienced at developing parenting plans that contain schedules for divorced parents who are sharing the responsibilities of raising minor children. You want knowledge and experience on your side when it comes to choosing a divorce attorney on a child custody case.
For many people the probate process may seem like an overwhelming and daunting task. So the probate attorney’s from Reinfeld & Cabrera, P.A are here to make things easier.
To begin the probate process the executor of the decedent’s will must come forward with the will. If there is no will or an executor and the family cannot agree on one, then the court may assign an administrator. The executor or Personal Representative’s authority extends only as far as the decedent’s probate estate. An experienced probate attorney can clarify which assets qualify for probate. A Petition for Probate of Will and Appointment of Personal Representative’s as well as the decedent’s death certificate needs to be filed at the court clerk’s office. The court will then review the petition and an Personal Representative will be formally appointed. It is wise to have a probate lawyer assist with this process. Once this has been given the green-light the probate process can officially begin.
Step One: Probate Assets
All the decedent’s assets will need to be collected, inventoried and appraised. These assets include money owed to the decedent or estate such as life insurance or loans. Other assets such as real estate or valuable collections will need to be appraised by professionals and financial accounts such as stocks or bonds may need to be reviewed or sold in order to collect all the assets to be distributed.
Step Two: Paying-out
All debts and expenses must be paid. The Personal Representative is responsible for paying these expenses with the estate funds. Expenses will be paid usually in the following order:
Costs/expenses of administration (for example – attorneys or appraisers)
Funeral expenses
Debts and taxes
All other claims
The Personal Representative is in charge of reviewing all debts, bills or claims against the decedent. After reviewing all necessary documents and proof of claims the a Personal Representative then has the right to reject those which are deemed invalid and pay the ones that need to be paid. Rejected claims may be appealed by claimants within a particular time period; these cases may then need to be handled by probate attorneys.
Step Three: Distributing Assets
The remainder of the estate can be distributed to the beneficiaries as the will states, or as the administrator sees fit if not stated, or (in the case of no will) according to intestate law. A public announcement in a newspaper is required to be published stating that the estate is in probate to allow any remaining creditors to come forward. This is also the point in the process where those who want to dispute the distribution of assets can be heard.
Even though these steps may make the probate process seem a lot simpler and manageable than before, there are many technical and important details which can be explained when contacting an experienced probate attorney. The probate attorney’s at Reinfeld & Cabrera, P.A are uniquely qualified and experienced in the administration of the probate estate, they can either guide you or be the administrator.
A Florida real estate attorney knows the rules that govern property transactions, from contract requirements and title issues to closing procedures and the remedies available when something goes wrong. A buyer or seller generally does not have that knowledge. There is no reason to expect them to.
You know the property. What you want to pay or receive. You know the circumstances that brought you to the transaction. Your attorney brings something different: a working knowledge of Florida real estate law and the experience to recognize legal problems that may not be obvious from the face of a document.
The Florida Bar recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract. That timing gives the attorney an opportunity to examine the agreement while its terms can still be negotiated.
For someone buying or selling property in Coral Springs, Broward County, or elsewhere in South Florida, that is often the most useful place to begin.
Who Represents Your Interests?
A property transaction can involve real estate agents, brokers, lenders, title professionals, inspectors, surveyors, insurance professionals, and attorneys.
Each person has a different responsibility.
A closing agent may coordinate documents, funds, title requirements, and the mechanics of completing the transaction. That person may also be a lawyer. The Florida Bar cautions consumers that a closing agent does not necessarily represent the buyer’s personal legal interests.
Your own attorney has a different assignment. The lawyer is there to advise you about your legal position, explain what you are agreeing to, identify problems, and negotiate or respond when necessary.
“A closing can look perfectly organized from the outside while still containing terms that deserve a closer legal review. The question is whether someone is specifically looking at the transaction from your legal point of view.”
That can matter when a contract contains unusual obligations, a title commitment raises questions, a condominium has complicated restrictions, or the parties disagree about what was promised.
Start With the Contract
The purchase agreement establishes the framework for the transaction.
Price is one provision. Deadlines, deposits, financing, inspections, repairs, default provisions, closing conditions, property disclosures, and special agreements can all affect what happens after the contract is signed.
The Florida Bar advises buyers to have a lawyer review the purchase contract before signing. Its consumer guidance also notes that contractual terms may become difficult to change once the agreement has been executed.
Florida Realtors has likewise advised consumers to read contracts carefully, including the particular version being used and provisions dealing with default and disputes. Familiarity with a standard form does not answer every question raised by an individual transaction.
A lawyer reviewing the agreement may examine
Contract issue
Questions legal review can address
Deposit
Where is it held? When can it be released?
Inspection
What rights exist if defects are discovered?
Financing
What deadlines and conditions apply?
Closing date
What happens if either side cannot close on time?
Repairs
Which obligations have actually been agreed to?
Default
What remedies may become available?
Special provisions
Do unusual terms create additional obligations?
Disputes
What procedures or remedies does the agreement provide?
A provision can look harmless when read by itself and have a very different effect when considered alongside the rest of the agreement. An attorney is trained to look for those connections.
Title Problems Can Follow the Property
Title work is another central part of a real estate transaction.
A title examination can involve years of recorded documents, previous transfers, liens, easements, restrictions, and other matters affecting ownership. The title insurance commitment identifies requirements that must be satisfied before the policy is issued as well as exceptions to coverage.
Consider a buyer who discovers an easement affecting part of the property. The existence of an easement does not automatically make the transaction unacceptable. Its location, purpose, language, and effect on the buyer’s intended use of the property are the questions that need attention.
The same applies to liens, restrictions, unresolved ownership questions, and other title matters.
A title commitment may identify an exception. The attorney’s job is to explain what that exception means and whether it creates a legal problem for the client.
Florida’s Department of Financial Services recognizes Florida attorneys in good standing as professionals who may handle real estate closings involving title insurance and escrow.
Negotiating the Terms
Real estate negotiations rarely stop at the number written on the first page.
A buyer may want additional time for financing. A seller may agree to repairs in exchange for a particular closing date. The parties may negotiate responsibility for an existing lien or an issue discovered during inspection. A condominium transaction may involve documents and restrictions that require attention before the buyer proceeds.
The lawyer brings legal knowledge to those negotiations.
That knowledge can be useful when a proposed change sounds reasonable but creates an obligation elsewhere in the contract. It can also help a client understand what is worth negotiating and what may create unnecessary complications.
Florida Realtors has emphasized that contract terms can be negotiated and that parties have a right to seek legal review.
A standard contract form is a starting point. The property, the parties, and the circumstances determine whether its provisions actually work for the transaction at hand.
What Happens at Closing?
Closing is where the contractual decisions, title work, financing, and other requirements come together.
The deed must transfer the property properly. Required documents must be completed. The closing figures must correspond with the transaction. Title requirements must be satisfied or addressed. Funds need to reach the correct destination.
A lawyer handling the transaction understands the legal significance of those documents and requirements. The client does not need to become a temporary expert in Florida property law simply because they are buying a house.
There is also a distinctly modern hazard: wire fraud.
That advice deserves serious attention. Real estate transactions can involve hundreds of thousands of dollars moving electronically. A fraudulent change to wiring instructions can turn an ordinary closing into a serious financial problem.
When a Transaction Starts to Fall Apart
Some legal questions do not appear until the deal is already under pressure.
The inspection may reveal significant damage. Financing may fail. A title defect may appear shortly before closing. The seller may refuse to perform an agreed obligation. The buyer may want to withdraw. The parties may disagree about the deposit.
Once that happens, the contract becomes the starting point for determining what each party is required to do and what remedies may exist.
Florida Realtors notes that a failed closing does not cause the underlying contract to disappear. The circumstances surrounding the failure can determine whether a breach occurred and what consequences follow.
This is where knowing the details of the agreement matters. Deadlines, contingencies, default provisions, notice requirements, and other clauses can determine what a party can do next.
An attorney who has reviewed the transaction from the beginning also has the benefit of knowing how the dispute developed, rather than trying to reconstruct the deal after the parties have reached an impasse.
Florida’s Property Market
Florida’s real estate market gives these transactions considerable financial weight.
By August 2026, the statewide median price was $415,000 for single-family homes and $298,000 for condos and townhouses. Inventory stood at 4.3 months for single-family homes and 7.7 months for condos and townhouses.
Florida residential market, August 2026
Median price
Inventory
Single-family homes
$415,000
4.3 months
Condos and townhouses
$298,000
7.7 months
A transaction involving a property worth several hundred thousand dollars can turn on a few sentences in a contract or a title document. Understanding those sentences is part of the attorney’s job.
Do You Need a Real Estate Attorney in Florida?
Florida does not require an attorney for every real estate transaction.
The Florida Bar nevertheless recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract.
There is nothing strange about that distinction. People routinely hire professionals for matters that fall within those professionals’ expertise.
You probably would not expect a title examiner to negotiate your purchase agreement or a real estate agent to give you a complete analysis of Florida contract law. An attorney occupies a different place in the transaction.
The lawyer knows the statutes, regulations, contractual principles, title rules, and legal remedies that can affect the deal. The client brings knowledge of the property and their own objectives. Good representation connects the two.
Questions to Ask a Real Estate Attorney
If you are considering legal representation for a Florida property transaction, useful questions include:
Will you review the purchase contract before I sign it?
Will you review the title commitment and exceptions?
Who will represent my interests during closing?
Can you negotiate changes to the contract?
Will you review condominium or homeowners’ association documents when relevant?
What happens if the other party refuses to close?
What should I do if a title problem appears?
How will you communicate with the title company, lender, broker, or opposing counsel?
The answers can tell you how involved the attorney expects to be and whether the representation fits the transaction.
Why Use a Real Estate Attorney?
You do not need to memorize Florida’s real estate laws to buy a house.
You do need to understand the agreement you are signing and the legal consequences of the transaction. That is where an attorney’s knowledge becomes useful.
A real estate lawyer works with the statutes, contracts, title records, closing requirements, and disputes that surround property transactions. The lawyer can recognize legal issues that an ordinary buyer or seller may never have encountered before.
As he states: “A successful closing depends on documents that accurately reflect the agreement and on careful attention to the client’s legal interests throughout the transaction.”
If you are buying or selling property, refinancing, dealing with a title issue, or facing a disagreement over a real estate contract, contact Reinfeld & Cabrera to discuss your situation.
Frequently Asked Questions
Is a real estate attorney required in Florida?
No. Florida does not require an attorney for every real estate transaction. The Florida Bar recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract.
When should I hire a real estate attorney?
Before signing the purchase contract is generally the most useful time. Early review allows potential contractual problems to be addressed while the terms remain open to negotiation.
What does a Florida real estate attorney do?
Depending on the transaction, an attorney may review contracts, investigate title issues, explain closing documents, negotiate terms, advise on property restrictions, and represent a client when a transaction develops into a dispute.
Does the closing agent represent the buyer?
Not necessarily. A closing agent can coordinate the transaction without representing the buyer’s individual legal interests.
Can a real estate attorney resolve title problems?
An attorney can investigate the legal significance of title defects, liens, easements, restrictions, and other title issues and advise the client about available options.
What happens when a Florida real estate transaction does not close?
The answer depends on the contract and the circumstances. The parties may have rights and obligations involving deposits, default, damages, deadlines, or other remedies. The contract and the facts need to be examined before determining what follows.
If you have started looking into estate planning, you have probably run into the same question in several different forms: Should I have a will, or should I have a trust?
The internet tends to make this sound like a simple contest. Trusts avoid probate. Wills are cheaper. Trusts are for wealthy people. Wills are for everyone else.
Real estate, family circumstances, and the way you want an inheritance handled can make the answer considerably less tidy.
For many Florida families, there is no reason to think of a will and a trust as competing choices. An estate plan can use both. The better question is what you want each document to accomplish.
You May Not Need to Choose One
A will and a revocable living trust operate differently.
A will generally takes effect at death. It can name beneficiaries, nominate a personal representative to handle the estate, and nominate a guardian for minor children. Florida law also imposes specific requirements for creating a valid will, including the signatures of the person making the will and two witnesses.
A revocable living trust can operate during your lifetime and continue after your death. Depending on its terms and how it is set up, it can provide instructions for managing trust property if you become incapacitated and for distributing that property after you die.
There is nothing unusual about having both.
A person might place certain assets into a revocable trust while keeping a will to handle matters that belong there. Other assets may pass through beneficiary designations, joint ownership, or other arrangements.
That is why simply asking, “Will or trust?” can lead you down the wrong path.
When a Will May Be the Practical Starting Point
For some people, a will may cover the central things they want their estate plan to accomplish.
Perhaps your estate is relatively straightforward. You know who should inherit your property. You want to nominate someone you trust to handle the estate. If you have minor children, you want your wishes concerning their guardianship documented.
A will can address those matters.
It can also work alongside other arrangements. Your retirement account, for example, may have its own beneficiary designation. A jointly owned asset may pass according to the form of ownership. Those assets do not necessarily follow the instructions in your will.
That distinction is easy to overlook.
A will governs property that passes through the estate under the will. It does not magically change the legal ownership of everything you possess.
Florida law also gives considerable importance to the person nominated as personal representative in a will, subject to the qualifications and other requirements governing appointment.
For someone with a relatively uncomplicated estate, a carefully prepared will can therefore be an important part of a sensible estate plan.
When a Trust Starts Making More Sense
A trust becomes worth serious consideration when you want the estate plan to do things that a will does not handle as well.
Imagine that you become unable to manage your finances because of an accident or illness. A revocable living trust can contain instructions for who takes over management of trust property and how that management should occur.
Or imagine that you do not want a child to receive a large inheritance outright at a particular age. A trust can establish rules for when and how that beneficiary receives the money.
The same idea can apply when a beneficiary is young, financially inexperienced, disabled, or otherwise likely to need continuing management of inherited property.
A trust can also be useful when avoiding probate for particular assets is an important objective. Property properly transferred into a revocable trust can generally be administered under the trust rather than through the ordinary probate process.
There is an important catch: the trust has to own the property you expect it to control.
A Trust in a Drawer Does Not Control Your House
This is one of the least glamorous parts of estate planning, which may be why people forget about it.
You can have a beautifully drafted trust sitting in your desk drawer. If the house, investment account, or other asset that was supposed to be controlled by that trust was never properly transferred into it, the document alone does not accomplish the intended ownership change.
Trust funding is therefore a practical part of trust planning.
Some assets may need to be retitled. Others may be handled through beneficiary designations or separate arrangements. An attorney can help determine which approach makes sense for each asset rather than treating the entire estate as though every asset follows the same rules.
This is also why two people with seemingly similar trusts can have very different estate administration experiences.
What If Incapacity Is the Concern?
This is another area where the difference between the two documents becomes important.
A will is generally a document for what happens after death. It does not manage your property during your lifetime simply because you have signed one.
A properly structured revocable living trust can contain instructions for managing trust property while you are alive. If you become unable to act, a successor trustee can potentially assume the responsibilities described in the trust.
That does not mean a trust takes the place of every other incapacity planning document. Powers of attorney and health care directives can serve separate purposes.
Good estate planning tends to involve several documents working together rather than asking one document to do everything.
What About Probate?
Probate is probably the subject that creates the most confusion in the will versus trust debate.
A will generally does not eliminate probate. When property is part of the probate estate, the will provides instructions for its administration.
A properly funded revocable trust can keep trust owned assets out of the probate estate. That can affect how those assets are administered and how quickly they can be distributed.
But avoiding probate does not mean that nobody has to administer the estate.
A successor trustee still has responsibilities. Debts, taxes, beneficiary rights, property issues, and other legal matters may still need attention. Florida law also imposes duties and notice requirements on trustees in appropriate circumstances.
So when someone says, “A trust avoids probate,” the next question should be: Which assets are actually in the trust?
That is usually a more useful question than debating whether trusts are inherently better.
Florida Homestead Changes the Conversation
Florida residents also have something else to consider: their home.
Florida’s constitutional homestead protections can restrict how homestead property is devised when the owner is survived by a spouse or minor child. Those protections are unusually important in Florida estate planning and can affect how a home should be handled.
Putting a house into a trust does not simply erase those rules.
The Florida Trust Code contains provisions addressing homestead in revocable trusts, while Florida’s Constitution establishes protections that can affect the disposition of homestead property.
This is one reason a generic article written for “wills and trusts in America” can be a poor guide for a Florida family. The same estate planning document can have different consequences depending on the state, the property, and the family involved.
Does a Trust Cost More?
Often, there is more work involved in establishing and maintaining a trust.
Someone may need to transfer real estate, review account ownership, coordinate beneficiary designations, and revisit the plan when circumstances change. Those steps can involve additional legal and administrative costs.
But comparing a will and a trust by looking only at the initial price of the documents misses the purpose of the planning.
If your estate needs lifetime management, incapacity planning, continuing control over an inheritance, or probate avoidance for properly funded trust assets, those objectives may justify the additional work involved in establishing a trust.
For someone with a straightforward estate and different priorities, a will may play a larger role.
The point is to build the plan around the circumstances rather than starting with the price tag.
A Simple Florida Decision Framework
If your priority is…
A will may help with…
A trust may help with…
Naming beneficiaries
Instructions for property passing through the estate
Distribution instructions for trust property
Minor children
Nominating a guardian
Managing assets for children after your death
Incapacity
Limited role
Lifetime management provisions
Probate
Does not generally avoid it
Properly funded trust assets can generally avoid it
Privacy
Probate proceedings are generally public
Trust administration can offer greater privacy
Continuing control
Limited after death
Can establish continuing distribution terms
Straightforward estate
May address many core needs
May still be appropriate depending on circumstances
Florida homestead
Subject to Florida’s homestead rules
Also subject to Florida’s homestead rules
There is no checklist that can tell every Florida resident which documents to sign.
Your property, family relationships, existing beneficiary designations, debts, business interests, and plans for your beneficiaries can all change the answer.
So, Which Is Better: A Trust or a Will?
The better starting point is to forget the idea that one document has to win.
A will can establish important instructions for what happens after death. A revocable living trust can provide a framework for managing property during life, planning for incapacity, and distributing trust assets after death.
Many estate plans use both.
You probably know your property, your family, and the people you want to protect. You are not expected to know every Florida rule governing probate, trusts, homestead, asset ownership, and inheritance.
Your attorney is.
That is where individualized estate planning earns its keep. The goal is to understand how the pieces fit together before your family has to deal with them under difficult circumstances.
Frequently Asked Questions
Is a trust better than a will in Florida?
There is no universal answer. The appropriate estate planning documents depend on your property, family circumstances, goals, and the kind of management you want during your lifetime and after your death.
Do I still need a will if I have a trust?
Often, yes. A will can address matters that the trust does not, including certain property that remains outside the trust and the nomination of a guardian for minor children.
Does a trust avoid probate in Florida?
Property properly transferred to a revocable trust can generally pass under the trust rather than through probate. Property left outside the trust may still require probate or another form of administration.
Does a trust help with incapacity?
A properly structured revocable living trust can contain instructions for managing trust property if the person who created the trust becomes unable to manage it personally.
Does creating a trust automatically put my property into it?
No. Trust funding and asset ownership need to be handled properly. A trust document does not automatically retitle every asset you own.
Can a trust control when beneficiaries receive an inheritance?
Yes. A trust can establish terms governing when and how beneficiaries receive trust property, subject to the terms of the trust and applicable law.
Can a trust control my Florida homestead?
Florida homestead is subject to constitutional and statutory rules that can restrict how the property is devised. Trust planning involving a Florida homestead requires careful attention to those rules.
Talk With a Florida Estate Planning Attorney
If you are trying to decide whether your estate plan should include a will, a revocable living trust, or both, start with the actual estate rather than with a generic checklist.
An experienced Florida estate planning attorney can review your property, existing documents, family circumstances, and intended beneficiaries and explain how the available planning tools fit together.
A real estate closing can look deceptively simple. The buyer signs documents, the seller signs documents, money changes hands, and the property changes ownership.
The legal work behind that moment is considerably less simple.
A Florida real estate attorney can review the purchase contract, examine title issues, address liens and other encumbrances, review the closing documents, and advise a buyer or seller when the transaction does not proceed exactly as expected. That work may begin weeks before the closing date.
For someone who already has a real estate agent, lender, title company, or closing agent, it is reasonable to ask what a separate attorney actually does. The answer depends on the transaction, but the attorney’s role is generally to provide legal advice to the client whose interests the attorney represents.
The Florida Bar recommends consulting a Florida licensed real estate lawyer before signing a purchase contract. It also points out that the closing agent may be an attorney without representing the individual buyer’s or seller’s interests.
The Lawyer’s Work Often Starts Before the Closing
The closing is the final stage of a transaction that began with a contract.
That contract determines the purchase price, deposit, financing arrangements, inspection rights, title requirements, closing date, possession, closing costs, and the obligations of both parties. It can also establish what happens when one side fails to perform.
Those provisions matter when the transaction develops a problem.
Suppose the seller discovers that an old mortgage was never properly released. Or the buyer learns that a title objection has not been resolved. Perhaps the parties disagree about whether a repair was required under the contract, or whether a closing deadline can be extended.
Those questions cannot be answered by looking only at the documents being signed on closing day. The purchase agreement, amendments, correspondence, title documents, and applicable Florida law may all matter.
That is one reason the Florida Bar recommends having a lawyer review the purchase contract before it is signed. Standard forms contain many provisions, but the parties can negotiate terms and add provisions that change their rights and obligations.
What Does a Real Estate Attorney Review?
The attorney may review the purchase agreement and the documents generated during the transaction. Depending on the property and the circumstances, that can include:
The purchase and sale agreement
Addenda and amendments
Title commitments and title evidence
Deeds
Mortgages and other recorded instruments
Liens and judgments
Easements and restrictions
Survey issues and possible encroachments
Closing statements
Tax and other prorations
Repair credits and other concessions
Financing documents
Possession provisions
Documents prepared for signing at closing
The attorney is also looking at how these documents fit together.
For example, a closing statement might contain a credit that was negotiated in an amendment to the purchase contract. A title commitment might identify an exception that needs to be addressed before the buyer can receive the title insurance coverage expected under the transaction. A survey might reveal an encroachment that was not apparent when the contract was signed.
The point is not to read every document in isolation. The documents have to be consistent with the transaction the parties actually agreed to.
Why Title Problems Can Delay a Closing
Title is one of the biggest legal issues in a real estate transaction because ownership is not established simply by the seller saying that the property belongs to them.
A title examination can reveal mortgages, tax liens, judgments, easements, restrictions, probate issues, prior conveyances, or other matters affecting the property. The Florida Bar notes that a title examination may involve records going back many years and that problems can originate in areas such as probate, divorce, foreclosure, inheritance, and previous financing.
Some problems are relatively easy to correct. Others require additional documents, negotiations, or legal proceedings.
The purchase contract also matters because it may give the buyer a specific period to examine the title and notify the seller of objections.
Florida courts have enforced those contractual deadlines. In Davis v. Ivey, 984 So. 2d 571 (Fla. 5th DCA 2008), the buyers had 15 days after receiving title evidence to examine the title and notify the seller of defects. The seller provided the title evidence only one day before the scheduled closing. The appellate court held that the contractual examination period still applied.
That kind of dispute illustrates why a closing date does not tell the entire story. The contract may give the parties rights that continue to operate as the closing approaches.
Is the Closing Agent Your Attorney?
Not necessarily.
A title company or settlement agent may handle many of the practical steps required to complete the transaction. That can include preparing or coordinating documents, receiving and disbursing funds, recording documents, satisfying title requirements, and communicating with the parties.
The closing agent’s role does not automatically create an attorney-client relationship with the buyer or seller.
The Florida Bar specifically warns consumers that a closing agent may be a lawyer but may not represent their individual interests.
This distinction becomes important when the parties have competing interests. If the buyer and seller disagree about a contractual provision, for example, the buyer may need independent legal advice rather than assuming that the person conducting the closing is there to advise the buyer.
What Happens When the Closing Statement Changes?
The money being exchanged at closing has to match the transaction.
The settlement statement can include the purchase price, deposit, loan proceeds, taxes, insurance, title charges, recording fees, commissions, credits, prorations, payoff amounts, and other expenses.
Some of these figures are routine. Others may require explanation.
A repair credit negotiated after the original contract was signed should appear consistently in the closing documents. A mortgage payoff should correspond with the amount required to satisfy the seller’s loan. Property taxes may need to be prorated according to the terms of the transaction and the relevant tax period.
A lawyer reviewing the closing documents can compare them with the contract and identify discrepancies that need to be resolved before signing.
Be Careful With Wire Instructions
Wire fraud deserves particular attention during a real estate transaction because large sums of money are commonly transferred shortly before or at closing.
The Florida Bar advises consumers to independently and personally verify wire instructions rather than relying on an email containing payment information.
That advice is worth taking literally. If someone sends new instructions shortly before closing, call the intended recipient using a telephone number you already know to be legitimate. Do not assume that an email is genuine because it contains familiar names, logos, or details from the transaction.
Florida Homestead Law Can Affect the Documents
Florida’s homestead rules create additional legal considerations for qualifying homestead property.
Section 196.031 of the Florida Statutes addresses the homestead exemption for qualifying permanent residences. Florida law also contains specific rules concerning the conveyance and mortgaging of homestead property. Section 689.111 addresses circumstances involving a married owner’s spouse.
These rules can affect the documents required for a transaction and whether a deed or mortgage has been properly executed.
Homestead status can also intersect with estate planning, ownership, and family circumstances. An attorney therefore needs to look at the property and the people involved rather than assuming that every Florida residential closing follows the same set of rules.
What If Something Goes Wrong at Closing?
A closing does not automatically become a lawsuit because a problem appears.
The parties may be able to correct a document, obtain a lien release, resolve a title objection, amend the contract, adjust the closing figures, or agree on another solution. The appropriate response depends on the nature of the problem and the rights established by the contract.
The legal question may become more serious when one party refuses to perform.
If a seller cannot deliver the title required by the agreement, a buyer may have contractual remedies. Maybe a buyer fails to provide required funds or financing, the seller may have rights under the contract. If the parties disagree about whether a condition has been satisfied, the language of the agreement can become central to the dispute.
This is why the purchase contract deserves attention before closing rather than being treated as paperwork that has already served its purpose.
Do You Need a Real Estate Attorney for a Florida Closing?
There is no single answer for every transaction.
A straightforward residential purchase may involve relatively few legal complications. Other transactions can involve title defects, probate issues, divorces, liens, boundary disputes, unusual financing arrangements, commercial property, seller financing, significant contract amendments, or disagreements between the parties.
Those circumstances can change the legal work required.
The Florida Bar recommends having a qualified Florida real estate lawyer review a purchase contract before it is signed, particularly because standard contracts can be modified and because the consequences of contractual language can be significant.
If you are considering hiring an attorney, ask what the attorney will actually review and what representation includes. You should know whether the lawyer will examine the purchase agreement, communicate with the title company, review title issues, examine the closing documents, and advise you about disputes that arise before closing.
Real Estate Closings in Coral Springs and Broward County
A Coral Springs real estate transaction follows Florida law, but the property itself has its own history.
The relevant records can include prior deeds, mortgages, liens, easements, tax information, surveys, condominium or homeowners’ association documents, and other records affecting the property.
That history matters because two properties in the same neighborhood can have completely different title issues.
For buyers and sellers in Coral Springs and Broward County, a real estate attorney can review the particular property and transaction rather than relying on assumptions about how a typical closing should proceed.
Questions to Ask a Real Estate Attorney
Before hiring a Florida real estate attorney, ask specific questions about the work you need:
Will you review my purchase contract before I sign it?
Will you review the title commitment and identify title problems?
Who will communicate with the title company or closing agent?
Will you review the final closing statement?
What happens if a lien or other title defect appears?
What happens if the other party misses a contractual deadline?
Will you review the documents before I sign them?
Who will handle my matter?
How will the legal fees be calculated?
The answers should give you a clear idea of what the attorney will actually do during the transaction.
Talk With a Coral Springs Real Estate Attorney
Reinfeld & Cabrera, P.A. represents clients in Coral Springs and throughout Broward County in real estate matters.
If you are buying or selling property and want legal advice about the contract, title, closing documents, or another issue affecting the transaction, contact the firm to discuss your circumstances with an attorney.
While you may be able to buy some documents to help you set up your own will, hiring a wills and trust attorney is your best bet when it comes to making sure your wishes are legally documented and carried out after you pass away.
Florida has specific state requirements that determine what can be included in a will or a trust. If you are not up to speed on the specific state requirements, you should consult with a wills and trusts attorney when naming a personal representative, beneficiaries, or any specific instructions for your estate.
Also, you may feel like you have an easy estate to plan, but if you are in a second marriage (or third, fourth, etc.), are recently divorced, have any minor children, children with any special needs, or want to leave some of your estate to a charity, you have an estate that could use the expert planning advice of a wills and trusts attorney.
Without the proper legal estate plans in place, a large portion of your estate could be lost during the probate process. However, with the proper preparations from a knowledgeable wills and trusts attorney, your estate could be well protected, making sure your beneficiaries receive all that you wish.
One missing document, or unsigned piece of paper, could be the difference between a legal will or one that can easily be contested. Don’t take a chance on doing it yourself. Hire a wills and trust attorney at Reinfeld and Cabrera, P.A. We not only provide wills preparation to control the disposition of property upon death, but we also prepare trusts, including revocable, special needs, minor, generation skipping, irrevocable, charitable and other trusts.
What are the differences between LLCs and corporations in Coral Springs? This may seem like a complicated question but that is why we at Reinfeld & Cabrera P.A. are here to help you decide which business model best suits your needs.
To help you get your head around things it is important to remember that corporations in Coral Springs can be broken down into S corporations and C corporations.
The most important difference between S corporations and C corporations, simply put, is based on taxation. C corporations have one tax, on a corporate level, on its net income, and another tax to the shareholders when distributions are made. In contrast, S corporations have only one level of taxation and all of their income is allocated to the shareholders. In spite of this C corporations have better tax planning flexibility and have the ability to protect shareholders from direct tax liability. S corporations, on the other hand, are restricted by limitations, such as the number and type of shareholders they can have (no more than 100 shareholders, and shareholders must be US citizens/residents). C corporations have no restrictions on ownership.
Now that you know the basic differences between S corporations and C corporations, lets move on to understanding what LLCs are. LLC stands for Limited Liability Company. LLCs combine the corporate advantage of limited liability protection with the partnership advantage of pass-through taxation. Thus the LLCs income is not taxed at the entity level; however, if the LLC has more than one owner a partnership return should, in general, be completed. Income or loss is passed through the LLC and reported on owners’ individual tax returns.
When considering incorporating a small business in Florida, LLCs or S corporations are arguably top choice. Therefore we have decided to break down the differences between these two formations for you.
Firstly LLCs cannot issue stock. Instead they offer “memberships.” In contrast S corporations can issue stock and are owned by the shareholders. Secondly members or hired managers directly manage their LLCs. In comparison directors and officers manage S corporations. S corporations have certain restrictions that are not applicable to LLCs. One such example is that S corporations are limited to 75 shareholders, while LLCs are not restricted in their number of members. Finally while LLCs have a limited life span of approximately 30 years, S corporations have an unlimited life span.
With all this in mind, you should have just enough information to begin the process of incorporating your business. With the help of experienced attorneys such as Reinfeld & Cabrera P.A. the differences between LLCs and Corporations should be but a small hurdle on your road toward success.
In Florida, dying without the proper estate plans in place means that your estate will be subject to intestate succession law. What is intestate succession law? This means that assets that you own by yourself, will be left to relatives under this law, in the absence of your wishes being formally laid out in a will, or if a will is found to be invalid. A decedent is the person who has died.
Within intestate succession law, the entire estate of a decedent is left to the surviving spouse, if the decedent has no surviving children, or any lineal descendants. A lineal descendant can include children, grandchildren, and great grandchildren, of the decedent down the generational line. Also, if the decedent and the surviving spouse only have children that they share together, and no other descendants, then the entirety of the estate will be left to the surviving spouse.
Within intestate succession law, a surviving spouse will receive one half of the decedent’s estate, while any lineal descendants of the decedent, but who are not also descendants of the surviving spouse, will share the remaining half of the estate. Any lineal descendants of the decedent will share the estate if there is no surviving spouse.
If a decedent has no surviving spouse, or any lineal descendants, then intestate succession law sees the estate pass to lineal ascendants, which includes parents and grandparents, and to collateral relatives, which includes siblings, aunts and uncles.
The intestate succession law in Florida only applies to assets in the estate that would normally be left in a will, but does not apply to other assets, such as property transferred to a living trust, property that is jointly owned, and funds in a retirement account, just to name a few. These particular assets will be left to the named beneficiary, regardless of whether or not you have a will to allocate the other assets in your estate.
Unless you want your estate to fall under intestate succession law in Florida, it is best to have your estate plans laid out in legal documents.
Thinking about buying a business and becoming a first time commercial owner in Florida? Look no further than Reinfeld & Cabrera, P.A. as we have put together a quick guide of basic advice and information that you will need when buying a business and becoming a first time commercial owner in Florida.
The Florida Business Corporation Act (FBCA) is massive legal ‘instruction manual’ that many first time commercial business owners in Florida find confusing at best. Add to this the Sarbanes–Oxley Act (SOX), and buying a business and becoming a first time commercial owner begins to look more than overwhelming.
To put your mind at ease leave the complicated legal jargon to professionals like Reinfeld & Cabrera, P.A. and take a look at the top tips that many first time commercial business owners in Florida wish they had known before buying a business.
Select and prioritize: Managing multiple business enterprises at once will inhibit your effectiveness and productivity. Focus on one thing, perfect it, and build on that.
Do what you love: A business developed around something that you are personally interested in will stand a greater chance of success. Maximize on your strengths and talents. You will shine.
Be concise in your pitch: Always be ready to pitch your business. However keep it to the point and remember less is more.
Do not be a know-it-all: Know where your knowledge lacks and revert to advisors and mentors who will fill in the gaps and assist you in becoming a better businessman.
Be frugal: Learn to manage your cash flow effectively. Consult with mentors and advisors. Make sure you have a handle on your expenses and income.
There is no such thing as the perfect plan: Making mistakes are all part of the adventure. The ability to learn from your mistakes is what will mould you into a successful businessman.
Know when it’s time to quit: If your business doesn’t work out don’t panic. Reflect on the pitfalls and mistakes and use them to guide you in your next business venture. Just remember failure is to be expected, but a true entrepreneur will overcome hardship.
While this is not a definitive list of advice, these are 7 tips to get you started.
With all the legal protocol surrounding buying a business and becoming a first time commercial owner in Florida, it is essential that you choose attorneys who will look after the best interests of you and your new business while providing your company with outstanding representation in the commercial world. Choosing attorneys, such as Reinfeld & Cabrera, P.A. allows you the peace of mind to focus on the things that have inspired you in buying a business and becoming a first time commercial owner in Florida.
When you have a blended family, it is always best to make sure your estate planning is laid out in legal documents that explain exactly who gets what, before your assets are distributed via intestate succession laws. A blended family is one which may include children from prior marriages or relationship.
In Florida, intestate succession laws will dispense your estate to your relatives when there is an absence of a legal will, or when a will is found to be invalid. Sometimes the dispensing is simple, such as when a decedent only leaves behind a surviving spouse. However, things get considerably more complicated with blended families. A decedent is the person who has died.
All assets in the estate are left to a surviving spouse, when the decedent has no lineal descendants. Within intestate succession laws, if a decedent leaves behind a surviving spouse, and children or other lineal descendants who are shared with the spouse, then the surviving spouse still inherits the estate. However, in blended families where the decedent leaves behind a surviving spouse and lineal descendants who are not shared with the spouse, then half the estate goes to the surviving spouse and the remaining half of the estate is split among the lineal descendants.
When blended families contains adopted children, under intestate succession law in Florida, legally adopted children will receive the same share of your estate as biological children. However, any foster children or stepchildren will not automatically receive a share of the estate. Nor will children who were put up for adoption, and have been legally adopted, receive any share of the estate.
A child who has been conceived by the decedent, but not yet born at the time of death, will still receive a share of the estate under intestate succession law in Florida. Blended families that include children born outside of marriage, will see those children receive a share of the estate under a few legal conditions, such as the decedent having acknowledged the paternity or a court establishing such paternity.
When you have a blended family, or a complicated family situation, it is always wise to make sure you have a will in place formally laying out your wishes upon your death. Otherwise, all assets that can normally be distributed via a will, will then subject to intestate succession law.
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