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Blog Posts in 2019

  • The "Big Five" Life Planning Essentials

    Estate planning isn’t planning for death: it’s planning for life. Good planning saves money. Good planning enables access to healthcare without financial ruin. And good planning assures those we trust most – not strangers – will care for us if we cannot care for ourselves. All good estate plans include the following key components: 1. The Durable Power of Attorney A durable power of attorney ...
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    Many residential landlords do not realize that Florida law sets forth a process for disposing of personal property after the tenant has been evicted, or abandons or surrenders the property back to the landlord. The method by which the tenant leaves the property is crucial in determining what you can or cannot do. After eviction, the easiest and preferred way to dispose of property left by the ...
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    This is a difficult article, directed at those with a serious desire to understand how interests in residential property are affected by the expiration of covenants. Remember that I’ve talked about “MRTA,” the Marketable Records Title Act, in several prior articles. MRTA (and this is the tough part), starts by defining the “Root of Title” to be the last deed that’s more than 30 years old. That ...
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  • Understanding Probate in Florida - Questions Answered

    Understanding Probate in Florida Probate is a court-supervised process for identifying and marshaling a deceased person’s (decedent’s) assets, settling the decedent’s financial affairs after his or her death, and distributing the decedent’s assets to his/her beneficiaries. Florida has established three types of probate administrations to settle a Florida estate: Disposition without administration ...
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  • Radio Interview: Attorney Brian Corlew

    Click here to listen to Attorney Brain Corlew's interview with the Emerald Coast Weekly .
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    Today, a client visited my office who had just finished building an expensive new home. More exactly, she and her husband had hired a contractor to build a home according to their plans. She reported they had trouble with the contractor from the beginning, and after closing they made a long punch list of the things that were still wrong with the house. The Contractor’s response to the punch list ...
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  • Your Rights When You Are Pulled Over

    Very few experiences in life create the apprehension that comes when being pulled over by the police. The first thing most drivers think about is what they have done to be stopped. Others just wonder what the officer wants. And some obviously worry when they are in violation of the law in any manner. Remember that while officers can issue a verbal warning, reminding a driver to abide by the law, ...
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  • An Urgent Message

    Fifty or so years ago someone in America whispered to the public the notion that cigarettes were causing cancer. No one listened. Then he said it again, and then again, and soon even politicians heard. Those little white sticks that were required for admission to every boardroom and every fraternity in America began not to smell so good. We reached a tipping point. We got the message. Two months ...
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  • Can I Get a DUI for Medical Marijuana in Florida?

    The state of Florida prohibits driving while under the influence of alcohol or drugs, medical marijuana included. Despite its growing acceptance as a necessity for patients, medical marijuana is still an impairing substance which can lead drivers to make dangerous or negligent decisions on the road. Alcohol itself is not illegal but driving after having too much alcohol is. The same goes for ...
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  • The Penalties for Underage Drinking & Driving in Florida

    Each March, weary college students close their textbooks and flock to their favorite destination locations to relax, party, and recharge for the upcoming school weeks. With its gorgeous beaches, world-famous attractions, and rocking nightlife scene, it’s easy to see why Florida is considered one of the most popular spots for both local and vacationing spring breakers. However, before you take a ...
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  • When Should I Update My Estate Plan?

    Drafting a comprehensive estate plan can be a time-consuming and emotional endeavor. After all, these documents need to prepare your chosen agents/personal representatives for unexpected medical emergencies, safeguard your end-of-life choices, and protect your assets and beneficiaries during the probate process upon your death. You can’t just lock these documents away and assume that you’ll still ...
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  • E-Signatures and the Statute of Frauds

    Fla. Stat. §725.01, is called the “Statute of Frauds”, it requires that, in order to be enforceable, a contract involving the sale of an interest in land must be memorialized in a written instrument signed by the party against whom enforcement is sought (or by some other lawfully authorized person). Accordingly, an enforceable real estate contract must satisfy two threshold conditions: (1) it must ...
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  • When Should You Start Thinking About Estate Planning?

    Many young people aren’t worrying about the distant future often. However, when it comes to making sure your family and things are taken care of, you should seriously consider taking an active role in estate planning. Planning your estate allows you to prepare for the unlikely event of your own incapacity due to a disability, illness, or death. It also helps keep your belongings, money, and ...
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  • Questions To Ask Yourself As You Begin Estate Planning

    Planning your estate is not a simple process. As your life grows and evolves, you need to make new considerations for the different people and responsibilities in your life. Although your estate will have its own unique needs, these questions can help you make an outline and prepare you for a conversation with your estate planning attorney . What Documents Do You Need? An estate plan consists of a ...
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  • A Message To Subdivision Owners

    Who would argue that we’ve confused things in Washington to the point that there will probably be no winners – only losers? This article is about how the State of Florida has scrambled the law of subdivision covenants in exactly the same way. This subject is not fun, even to lawyers. But it affects every owner of property in a subdivision and every real estate professional. Please don’t change the ...
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