Kendall Probate Lawyer

Kendall, Florida is census-designated place in Miami-Dade County. At the 2010 census, the region had been populated by 75,731 people. The Florida Land and Mortgage Company bought in 1883 most of what is currently Kendall. It was named for Florida Land and Mortgage director John Broughton Kendall who relocated to the region in the 1900s to oversee the company’s land. As the land was closed to homesteading, development was gradual well into the twentieth century. In 1914, a post office opened and the first school fifteen years later. After the commencement of the land expansion in 1926, a few residents left. Two Seminole groups were in the Kendall region, and Seminoles resumed to reside there into the 40s. In August 1992, Hurricane Andrew relentlessly damaged Kendall and the neighboring South Dade region. Most of the homes and businesses in the region were obliterated. In the following years, the region was gradually restructured.

Avoiding Ancillary Probate in Florida: Joint Ownership and Enhanced Life Estate Deed

How can out-of-state residents or foreigners who possess real estate situated in Florida evade ancillary probate in Florida? Here are two alternatives:

1. Joint Ownership.The Florida real estate be titled in joint names with at least one other owner with survivorship rights. If a person is married, then Florida acknowledges a special kind of joint ownership with survivorship rights termed “tenancy by the entirety.” If an individual is thinking about this alternative, he or she must not attempt to write his or her own deed. The person needs to check with a Florida lawyer to make sure that the deed is appropriately written and put on record, or else, he or she might produce a “tenancy in common” rather than a joint tenancy with survivorship rights.

 

2. Enhanced Life Estate Deed.While Florida has not ratified a “transfer-on-death or “beneficiary deed” law like a few other states. Florida common law does acknowledge a special kind of life estate deed termed an “Enhanced Life Estate Deed”, also called a “Lady Bird Deed.” With this special kind of life estate deed, the real estate’s owner, cited in legal terms as the “life tenant”, retains the right to do anything he or she wishes with the real estate while living. However, after the life tenant’s demise, the real estate will pass outside of probate to the heirs named in the deed, cited in legal terms as the “remaindermen.” For instance, the life tenant can mortgage the real estate, or even put it up for sale, without the remaindermen’s permission. Nevertheless, if the life tenant still possesses the real estate when he or she passes away, then the remaindermen will receive it outside of the probate procedure. If a person is thinking about this alternative, he or she must not attempt to write his or her own deed. The individual needs to check with a Florida lawyer to make sure that the deed is appropriately composed and put on record, or else, he or she might unintentionally generate a “regular” life estate rather than an “enhanced” one.