Broward County Probate and Florida Real Estate Law – Should Your Lawyer Know BOTH?

Posted By on September 3, 2009

Hiring one attorney is tough enough, financially and otherwise, but hiring two attorneys, a Broward County Probate attorney and a Real Estate Lawyer, for a single matter – that’s downright painful! And yet, I am often contacted by clients whose attorneys have opened probate on their behalf, but have advised them to consult a separate real estate attorney to manage those transactions they are not competent to handle themselves (or vice versa).

You can spare yourself this predicament by ensuring that your lawyer is experienced in both practice areas, Broward Probate and real estate, even if you don’t think your case involves both. Why? The fields of probate and real estate law are routinely intertwined; a large percentage of estates include some type of real estate whether it’s homestead property or investment property.  Ownership and administration issues can depend, for example, on whether the  property is inherited under a Will, or under Florida’s intestacy statute, or whether the property owner was married at the time of their death or had minor children.  Additionally, if the property is directed to be sold during probate, or is in a Trust, or is to be transferred to a trust can impact how the real estate is administered.  Each of these scenarios brings with them a different strategy as to how the title is to be cleared or transferred.  If you fail to hire an experienced probate and real estate attorney in these situations, in the long run you could run into a number of difficulties, including but not limited to estate tax liabilities or chain of title issues.  An attorney experienced in both real estate and probate matters will consider both of these areas of  law when formulating a course of action to administrate the decedent’s real estate.

If you would like to discuss your case or have any questions about probate and real estate, please feel free to contact me, a Broward Real Estate Attorney and Probate Lawyer, by email, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.

Updated November 2013.

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