Blog

Real Estate Law

The Property Deed as an Estate Plan: Examining the Varying Distributions of Each of the Co-Ownership Forms in Florida Real Property

August 4th, 2017

Posted in Estate & Personal Planning,General Practice,Real Estate Law

As the saying goes, “anyone who believes in free will has never heard of probate.”  Attorneys are frequently contacted by clients who need help navigating estates after the loss of a family member or friend.  Probate is often inevitable if there is property to be divided.
Continue Reading »

Share Button

Vacation Rental Regulations in Florida

June 9th, 2017

Posted in Business Law,Real Estate Law

For some St. Augustine homeowners, vacation rentals are a steady source of income, but others argue that this revenue isn’t worth the cost to the community and describe these transient rentals as a “nuisance.”  Transient rentals are units or homes that are rented more than three times in a calendar year for a period of less than 30 days.  A search in the St. Augustine area for Airbnb or VRBO reveals that the industry is alive and well.   
Continue Reading »

Share Button

Post-Hurricane Safety Tips for Our St. Augustine Neighbors

October 11th, 2016

Posted in General Practice,Real Estate Law

As our community looks toward recovering from Hurricane Matthew, we would like to share a few important reminders. While the task of taking care of your property may be overwhelming, remember to take care of yourself by keeping the following in mind:
Continue Reading »

Share Button

Florida Property Taxes – You Must Act Soon If You Wish to Contest Your County’s Proposed Assessments

August 24th, 2016

Posted in IRS & Tax Information,Real Estate Law

The Firm is republishing an August 2015 blog post regarding the ability of Florida property owners to contest or appeal the assessed value of their property.  The republished blog, below, includes updated information for 2016.
Continue Reading »

Share Button

Tax Rules for Surviving Spouses on Primary Residences

July 25th, 2016

Posted in Asset Protection,Estate & Personal Planning,Real Estate Law

Understanding the tax rules as a widow or surviving spouse can help you project the real tax cost of selling your primary residence. Below are just a few general things to consider in making the tax analysis.
Continue Reading »

Share Button

Mortgage Forgiveness Debt Relief Act

June 24th, 2016

Posted in IRS & Tax Information,Real Estate Law

The Mortgage Forgiveness Debt Relief Act (“MFDRA”) prevents homeowners who went through a short sale, foreclosure sale, a principal reduction, or otherwise received a waiver of a mortgage debt regarding their primary residence from being taxed on the amount of mortgage debt cancelled or forgiven.  Many homeowners have used the MFDRA in prior years to prevent large tax liabilities.
Continue Reading »

Share Button

Condominium and Homeowners Associations’ Careful Review of Construction Contracts Can Help Mitigate Risk

May 13th, 2016

Posted in Condominium & Homeowner Association Law,Real Estate Law

Whether your community is considering the repair of an amenity building, pavement resurfacing, or installing a new roof, the importance of carefully reviewing and understanding the proposed contract cannot be overstated.  Reviewing the proposed contract is not simply a matter of determining whether all of the work included in the request for proposal appears in the contract and whether the price is reasonable (although that is also important); there are other aspects of the contract that are equally, if not more important and overlooking them may be costly.
Continue Reading »

Share Button

Tax Basis on Inheriting Property

January 11th, 2016

Posted in Estate & Personal Planning,IRS & Tax Information,Real Estate Law

While the tax basis of a property is important in determining estate tax for higher net worth individuals, it is also a significant consideration for individuals of any net worth in determining the income tax (gain or loss) beneficiaries will ultimately pay when the property is transferred. The basis of property inherited from a decedent is generally the Fair Market Value (FMV) of the property at the date of the individual’s death. Thus, a real estate or personal property appraisal may be advisable to consider.
Continue Reading »

Share Button