Reasons to Establish a Trust in Florida

For most people, the words, “trust fund,” conjure up images of wealthy young college students on a golf course, or that new Bentley rolling into the nearest country club. As a wills and trust attorney in Florida, however, I’m here to tell you that you are all trust-worthy…

No matter how much money we’re worth.

Because a trust is nothing more than a vehicle used to transfer assets, many families opt to set up a trust to ensure that if something should happen to them while their children are still minors, assets will be appropriately distributed and allotted. According to a recent article at The Motley Fool, Trust Funds: They're Not Just for the Rich, and You Might Need One, trusts are especially useful for parents of minor children as well as those who wish to spare their beneficiaries the hassle of going to Court in the event of their incapacity or death.

Why would you want to avoid the court process, also known as Probate, in this case?

Well, maybe your assets are better left private – not a matter of public record. Perhaps your heirs, as lucky as they are to be receiving any inheritance, are not yet at the age where it is appropriate to share this kind of information with. When a trust is involved, however, you can rest assured that your matters will not be publicized. A trust is a private document and distributes assets upon your death without the need for probate.

Another downside to probate? The court process can take longer than is necessary and keep your family from getting access to your assets as quickly as they want or need them.

So, how does creating a trust for your family work?

With Grimaldi Law Firm, we’ll walk you through the entire process and ensure that all of your questions will be answered. We are, after all, gearing up to take care of your most precious assets of all – your family!

If you have minor children, you need to create a trust in order to leave your assets to them since minors cannot inherit directly. You will want to name a trustee to manage those assets for your children. Even if your children are adults, a trust can help protect assets you leave for them from creditors, legal judgments, divorce or even their poor money management habits.

In addition to this, you can even establish a trust for yourself. This would serve you well in the event you become incapacitated and cannot manage your own finances at some future time. Upon your incapacity, the trust assets are managed by a successor trustee, which avoids the need for a court-appointed conservator if you become incapacitated.

Trusts are also wonderful tools for those who are members of a blended family, the kind of family where a second marriage brings together children and inheritors from a previous marriage. If you are remarried and have children from a previous marriage, you can provide for your current spouse while ensuring your assets pass to your children from another marriage using a by-pass trust. With this kind of trust, the assets will pass to your children free of estate tax upon the death of your surviving spouse.

I’m sure, by now, it’s abundantly clear why a trust is necessary no matter your financial standing. You can learn more about how a trust might benefit you and your family by calling Grimaldi Law Firm to schedule a Family Wealth Planning Session, where we can identify the best strategies for you and your family.

At Grimaldi Law Firm, your present is our future.

We can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

The Importance of Checking In with Aging Family During the Holidays

Another holiday season is upon us, and whether you’re celebrating Easter or Passover, you’re likely gearing up to visit with family you haven’t seen in a while.

At Grimaldi Law Firm, a leader in estate planning, real estate, probate and business law, we value family time more than anything! Not only is this a time to connect, enjoy, and celebrate – it’s a time to check in on those you love most.

If you are fortunate enough to have your parents joining you for this week’s celebrations, bear in mind that this is also a perfect opportunity to “check in.”  Or, more specifically, for adult children to perform a reality check on how their aging parents are doing health-wise, as well as assess financial and medical planning issues.

Remember, your parents spent 18 years or more taking the best care of you, so the cycle of life insists you do the same.

Three things to check for when visiting with your parents:

1.      Check your elderly relatives’ home for potential fall hazards. 

2.      Check for unopened mail. This is often a telltale sign that they are having a hard time caring for themselves or coping on their own.

3.      Check the pantry and refrigerator to ensure it is well stocked with healthy and nutritious options.  If a parent has lost weight or there is spoiled food around, this is a sign that they may need some additional help around the house.

Three things to do before you leave:

1.      Make a list of all your parents’ medications, get the phone numbers of their primary care physicians, and leave these numbers in a clear and visible place, like the refrigerator in case a parent should feel ill. 

2.      Be sure you have the license numbers of all vehicles in case one is stolen or your parent goes missing.

3.      Make decisions with your parents regarding health care directives. If they have not yet set up their estate planning documents, it’s time to help them create one.

If you’d like to learn more about wills, living wills, advance health care directives, power of attorney for health care designations or any other aspects of estate planning, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Wealth Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call Grimaldi Law Firm today, and mention this article to reserve your free spot.

At Grimaldi Law Firm in Hollywood Florida, your future is our present.  

 About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

 She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

 Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Estate Planning in Florida – Don’t Set It and Forget It!

Estate Planning in Florida, in the larger sense, can really be looked at like exercise. You know you’d be better off doing it, and even though you have to convince yourself to make the first move – you know you’ll feel great once you get the job done.

But just like exercise, you can’t just do it once, and then expect the effects to have you covered for life.

In fact, it’s not this way at all.

At Grimaldi Law Firm a Hollywood estate planning, real estate and probate law firm, we preach consistency when it comes to our first practice area. Time and time again, I remind my clients of the following fact: “Estate planning is not a one-time, set it and forget it task. If this is your approach, it will give you a false sense of security. Your estate plan should be revisited every 2-3 years, on top of any life event that may occur in between.”

In short? This is not an area of your life you should procrastinate on or sweep under the rug for a later time. There is no better time to create your estate plan, set specific times to revisit your plan, update accordingly as per the changes in your life – and be an advocate for your family’s financial and emotional future.

Why?

Estate planning serves to meet a few critical goals:

1. To ensure that children will be cared for by the people you want, in the way that you want

2. To protect against unwanted guardians in the event of an untimely death

3. To prevent foster care and state involved protective custody

4. To provide a financial plan that will ensure your children are taken care of

5. To make sure your family can receive the benefit of your life’s work and continue your business.

6. to Ensure your assets transfer smoothly to the next generation and, if possible, avoid probate.

7. In the event of incapacity, ensure your financial matters are taken care of and that your health care wishes are respected.

Once you have a plan, here are the crucial times to make sure you revisit your plan to keep things up to date and timely:

1. When a child is born

2. When your children reach school-age, revisit in case your original listed guardians are no longer alive or able to care for your child

3. If your child is diagnosed with a disability or has special needs that may impact how they need to be cared for

4. If you’ve started a business or made changes to an entrepreneurial venture that would require new information for your family to take into account once inheriting the business

5. When you’ve entered retirement and have different expectations for your surviving family

6. If you’ve experienced a crisis

7. If a child has become ill or passed away

8. If you’ve experienced an accident that requires long-term care

9. If you divorce and need to make changes to who acts on your behalf should you become incapacitated

10. If you are single and don’t know who would receive your assets or make healthcare decisions on your behalf

11. If you become a blended family

12. If you are a same sex couple or enter into a domestic partnership.

13.  If you relocate to another state of country.

As evidence by this long list, change is constant. One thing that should also be constant? How often you look into updating your estate plan. Make sure you’re covered and protected with Grimaldi Law Firm, located just minutes southwest of Fort Lauderdale.  At Grimaldi Law Firm, we provide our clients a free review of their estate plan every 3 years.

At Grimaldi Law Firm, your future is our present.

 About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

 She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

 Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

POM PLAN

Peace of mind. What does it mean to you? For the Grimaldi Law Firm, a leading estate planning law firm in Florida, there is nothing we celebrate more than peace of mind.

For some it may mean having little stress to deal with in day to day life. It may mean turning on an alarm system at night and knowing that your family is safe and sound. For others, it may mean financial security.

But for Grimaldi Law Firm, peace of mind means taking the steps necessary to protect your family should something happen to you, because there is nothing better than being prepared for life’s bumpy roads.

I may be an attorney specializing in real estate, wills and trusts, and probate law in Florida, but first and foremost, I am a mom. A new mom, at that. And it wasn’t until I became a mother to my son did I realize the importance of having a plan that would ensure that no matter what – my son would be taken care of should something happen to me. This was the peace of mind I needed to sleep soundly at night, and ultimately, the peace of mind I found other new moms around me needing.

With this, my Peace of Mind (POM) Plan, was also born.

The Grimaldi Law Firm’s POM Plan means you’ll achieve peace of mind by working together with me, personally, to put together a customized plan for your family. I will work alongside you and your family, offering comprehensive guidance to ensure that your children will be cared for by the people you want, in the way that you want, in case something happens to you.

The Family Piece of Mind (POM) Plan spares no details when it comes to developing a plan for your family’s future. From legal documents naming short-term guardians to medical powers of attorney for your minor children, you can rest assured that Grimaldi Law Firm will protect your family as if it were our own.

What else can you expect from a POM Plan?

• A custom, personalized wallet I.D. card with emergency contact information.

• Letters to the people you name as short-term guardians so the people you’ve named will know just what to do if called upon.

• Explicit instructions for how to care for your kids in the event you are in an accident

• Legal documents to name long-term guardians who will raise your children just as you would to avoid any family custody battles.

• Letters to your long-term guardians letting them know what to do if called upon.

• Instructions and guidelines for your long-term guardians on how you want your kids to be raised, including the values that are important to you.

The thing is, your family’s future does not just depend on making sure money is distributed amongst the people you love. It doesn’t mean only determining which child gets to keep the china, or who inherits your heirlooms. It means EVERY last detail is accounted for, and at the Grimaldi Law Firm, your future is our present.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Do You Qualify for Homestead Exemption in Florida?

As a real estate attorney in Florida, I am asked a lot of questions about how new home buyers can take advantage of Florida’s homestead exemption.

As we recently reported, Florida is a homestead state, meaning Florida homeowners can file for a homestead exemption worth up to $50,000. This exemption reduces the amount of taxes you’ll pay on your property, and puts a cap on how much your taxes might increase on a yearly basis without it.

And who wouldn’t want to save all money after buying a home in Florida?

Grimaldi Law Firm, a leading real estate law and estate planning firm in Hollywood wants to help you get all that organized. 

So, before you run to file your paperwork, it’s important that you know whether you qualify for Florida’s Homestead exemption.

If you have purchased a home, condo, or manufactured home, with up to 20 acres of land used only for personal enjoyment, your home is considered a “homestead.”

Other homestead exemption requirements include that you:

• Submit the application for homestead exemption before the deadline (between January 1 to March 1 in the tri-county area as of the date of this blog) of the year during which you want the exemption.
• Own your home on January 1st. (For example, if you purchased your home in May of a particular year, you must wait until the next year to file your application.)
• Must be an individual homeowner, as corporations and/or entities are not permitted to apply.
• Use the home as your principal residence on January 1 of the year you are applying, and only claim this property as your homestead – not multiple.

One other great fact to know about the homestead exemption? Once you file your application and you are approved for your exemption, you won’t have to worry about reapplying each year that you live in your home. Your application will renew automatically one year from the date you filed, and if you should sell your house, it’s up to the new owner to file for their own exemption.  You will receive a document in the mail every year asking for any changes to your designation of your homestead: but as long as you are still living there as your primary residence you do not need to do anything!

And here’s another bonus – a homestead property ALSO means that your asset, your home, is now protected from most creditors.

At Grimaldi Law Firm, we are happy to help you with any of your needs or questions when it comes to real estate law. Whether you are buying or selling a home, or involved in a probate case that involves property – we’re here to help, anytime.

Grimaldi Law Firm – where your future, is our present.

Helpful Links:

To apply for your homestead exemption in Palm Beach County:

http://www.pbcgov.com/papa/AdValoremTaxExemption.htm

To apply for your homestead exemption in Miami/Dade County:

https://www8.miamidade.gov/Apps/PA/PAOnlineTools/AutoOnlineFile/ExemptionOnlineMainMenu.aspx

To apply for your homestead exemption in Broward County:

https://bcpasecure.net/homesteadonline/web/index.aspx

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

6 Cases When a Trust is Better Than a Will in South Florida

A will is one of the most basic South Florida estate planning documents, and everyone should have one to make sure that there is no question about what would happen to your assets and kids if something happens to you.  But there are some cases when having a trust in addition to a will is imperative; here are six of them:

Avoiding probate.  A trust will bypass the probate process, saving the people you love time and money.  To carry out instructions in a will, a probate must be opened in the county court of Broward or Miami-Dade, the county where you live, and that means your family is stuck dealing with the Court if you get hospitalized or after you die.  This can take an average of 9-12 months, all  the while your assets will be stuck in the process.

Providing for a person with special needs.  If you have a child or another dependent with special needs, a trust commonly known as a Special Needs Trust can protect assets for a special needs person without jeopardizing their qualification for government benefits.  A will allows you to transfer assets to a special needs person, but will not protect those assets.

Privacy.  Since a will undergoes probate in South Florida, it becomes public record.  A trust is private.

Blended families.  If you are part of a blended family, a trust can give you the flexibility you will want to make sure that children from prior marriages are provided for in the way you want.

Out-of-state property.  If you own property in another state besides South Florida, you can more easily transfer ownership via a trust than a will.  Transferring out-of-state property in a will usually means additional legal expenses because you could have probate in multiple states and that is no fund for the people you love.  This can be VERY expensive!

Asset protection.  If you want to protect the assets you leave your loved ones from creditors (including bankruptcy and divorce) a trust is the way to do it. It’s a gift you can give your loved ones that they could not easily (or at all) give themselves. 

If you would like to learn more about the use of trusts in South Florida to pass on what you care about to the people you love, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call today and mention this article.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Does Your Parent Need Help With Finances? Start Here

Caring for an aging parent is a common challenge for Baby Boomers, and now even Gen-X’ers and Millennials. And, stepping in to help manage your parents’ finances, without eroding their sense of independence and privacy, can be tricky.

Many aging parents are reluctant to ask their children for help with their finances. It means a loss of control, a trading of places from them taking care of you to you taking care of them, and can signify a loss of power that feels too frightening for your parents.

Nevertheless, you may be wondering what you can do when your parents start needing help.

A pile of unpaid bills, threatening calls from creditors or repeated instances of credit card fraud or financial scams are good indicators that your parent needs help managing his or her finances.

Financial caregiving is easiest when you already have a plan in place. You may be in a good position to make educated decisions about their finances, but without the proper information and legal authority, your options are limited.

If your parent needs help, the first step is to make sure you know what they have, where it is, and how you can access it, if necessary. 

Next, you want to make sure you know what bills are due, when and that their bills are being paid on time.

Unless you have the legal authority to manage your parents’ finances, you will need their help in getting access to their account and setting up auto-bill pay for them.

When you are ready, the first place to start is with a heart to heart conversation about whether your parent is ready for help and what that help could look like.

Then, if your parent is ready to help, you can ask him or her (or them) to legally designate you as either the Trustee of their trust or financial power of attorney holder, if they do not have a trust. And, be sure you are also designed as medical power of attorney, so you can make important care-giving decisions for your parent(s) if he, she or they cannot.

If your parent needs or wants help with finances, he or she may also need help with health care or the management of their estate. You can address these issues by working with an estate planning attorney who will help you develop an estate plan that considers your parent’s best interests.

When working with Melinda Grimaldi, at Grimaldi Law Firm, she will work with your family to ensure you have the authority required to help your parent with his or her finances.  This is also an opportune time for you to consider your own long-term financial planning. 

At Grimaldi Law Firm, we don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  With our planning sessions, you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Planning Session. Mention this article to find out how to get this $750 session at no charge.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707 

or melinda@grimaldi-law.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Three Health Care Documents You Need to Include in Your Estate Plan

Decisions about your health care are some of the most important you will ever make.  Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.

 Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:

 Health Care Directive

This document allows you to name a health care surrogate. This will be the individual who you grant the authority to make certain decisions on your behalf. A health care surrogate may also be called a health care agent.

 In your directive, you can include specific instructions on the health care measures you desire if you are unable to make decisions for yourself. These are life and death decisions; make sure your agent is someone you trust.  Work closely with an estate-planning lawyer to ensure your directive provides clear guidelines for your agent to follow.

HIPAA Authorization

Your health care surrogate will need access to your medical records in order to make educated decisions about your care. To do this, your agent will need a HIPAA authorization. This will ensure he or she has access to your medical records from HIPAA-covered health care providers.

Living Will Declaration

A living will provides specific guidelines for your end of life care. While your health care directive can include provisions for your agent to make certain decisions about your ongoing health care, a living will tells your agent how you would like those decisions made, such as if and when you want life support to be removed, whether you would want hydration and nutrition and what kind of care choices should be made for you, if you cannot make them for yourself. These types of absolute decisions about your life should be included in a living will for extra protection and assurance your desires will be known and honored.

These documents, if carefully crafted, will help you express and enforce your healthcare wishes, even if you cannot speak for yourself. If you want to ensure your preferences for your ongoing and end of life care are respected, contact us to discuss your options today. 

     Grimaldi Law Firm: Property. Planning. Protection.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law.  She can be reached at (954) 491-8707 or melinda@grimaldi-law.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Estate Planning After the Election

Estate Planning After the Election

Now that the post-election buzz is beginning to wind down, we can finally start to sift through the rubble and ask the question that is on most of our minds.

How will the result of this election affect my life?

Regardless of your political opinion, the cold, hard, truth is that the results of any election will ultimately end up impacting us – for better or for worse. At Grimaldi Law Firm, we mean it when we say that we make your future our present therefore keeping you well-informed on what’s to come was at the top of our 2017 to-do list.

Brace yourselves America, because when it comes to a newly-elected President, even the planning of our estates can be affected! The President-elect will take the oath of office on January 20, 2017, to formally become the 45th President of the United States.

Though it’s still a bit too early to tell for sure, from the sound of what President-Elect Donald Trump has proposed, estate planning in Florida could very well be impacted in the years to come.

PEOTUS, Donald Trump has, stated that he wants to eliminate the estate tax. Right now the current estate tax is 40%, applying to estates valued at $5.45 million. Married couples are allowed to protect $10.9 million from estate tax.

One way affluent people avoid paying the estate tax is by giving gifts. Gifts are still taxed but the value of the gifts and how much they are taxed is something a president could look to change.

President-Elect Trump, in similar fashion as the estate tax, wants to eliminate this gift tax.

Capital gains, the profits from the sale of a property or investment, need to be addressed as well. When it comes to capital gains, President-Elect Trump is looking to eliminate the tax on individual capital gains, as well.

As you can see there are several items that our new president-elect would like to change or get rid of, but right now it’s still too early to tell whether any of it will actually occur. That’s why it’s so important to have a knowledgeable and trusted attorney as part of your team. One thing is for sure, you need to plan for death or incapacity whether you are wealth, on the lower end of the income spectrum, or anywhere in between. 

At Grimaldi Law we want you to stay ahead of the curve and are here to protect you and your family and take advantage of any changes that can benefit your family during this transition in our country.

For more tips and advice on estate planning and probate in Florida, real estate in Florida, or for any of your business law concerns, the Grimaldi Law Firm votes YES to helping you.

Grimaldi Law Firm: Property. Planning. Protection.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law.  She can be reached at (954) 491-8707 or melinda@grimaldi-law.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

You Wouldn’t Go to a Dentist for Back Surgery, Would You? Then Learn How to Hire the RIGHT Lawyer for Your Legal Needs in Florida

As the owner and founder of Grimaldi Law Firm, I can’t even believe I have to say this. Maybe it’s because I’m blinded by the law, always sticking to the straight and narrow and doing things the “kosher” way – but more and more, I’m seeing examples of poor, innocent (or not so innocent) souls having to clean up their legal messes.

Why?

Because believe it or not, there are still people out there who will hire unlicensed people to handle their legal matters, or provide them with legal representation in the state of Florida.

I know what you’re thinking – how could anyone let this happen? Trust me, I’ve had this thought many times before, but each time I take on a case or matter to fix a misrepresented issue, I realize that the client usually did not know better.

Which is precisely why I’m glad you’re reading this - because knowledge is power.

Not long ago, an international client came to me in despair after he had hired a Notary Public in the state of Florida to prepare a deed after his grandmother passed away. Since this client did not know what a legal deed entailed, and the Notary did not know how to properly execute the matters of the deed, only half of the interest for the property was transferred, with the remaining 50% left missing in action. The client was under the assumption that this deed had the inheritance built in and that all the estate matters of the deceased grandmother were taken care of. The problem? Well, aside from this client not hiring a real estate attorney in Florida, the Notary didn't know how to create a document that held weight with the law. This would have cost them only $300 to the first time with a licensed attorney in Florida, but having to backtrack after the fact and fix all the mistakes cost him almost $8,000. Ten years later, when trying to sell the property, they had to go through the court system to fix all of the errors.

Think that’s bad? Just wait, there’s more.

Another client of mine purchased a coop in south Florida, and relied on an out-of-state attorney to handle the trust for them. This attorney sold them an invalid trust document that he printed from the internet, which was invalid and did not protect them in any way. Had I caught the errors any later than I had, they would have had to go through probate.

So what is the average person to do when looking to hire a professional and trustworthy attorney in Florida? Don’t trust just anyone, for one!

1. Hire a real attorney.

Again, I can’t believe I have to say this, but I just want to make sure I reiterate the obvious. A real, licensed by the Florida Bar Attorney, will be able to represent you the right way, with no mess to clean up later.

1. Do your research.

Not every attorney has a great reputation. When lawyers make mistakes that are unethical, they are disbarred and no longer allowed to legally represent clients. Do your due diligence and check in the with Florida Bar and get some scoop on the attorney you’re about to hire – by first making sure they’re in good standing with the bar.

1. Make sure they concentrate on the areas you're looking for legal representation in.

You wouldn’t go to the dentist for back surgery, would you? Looking to hire a real estate attorney in Florida to sell your house? Great, don’t hire a personal injury lawyer. Need to plan for your family’s financial future with a great estate planning attorney? Smart move – just don’t hire a commercial litigator to handle it for you. You get the point, right?

And above all else, consider Grimaldi Law Firm a trusted source of knowledge, law, and professionalism on your journey to resolve your legal situations.

Grimaldi Law Firm, where your future is our present.

Grimaldi Law Firm is conveniently located in Hollywood, Florida, just minutes east of I95.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law.  She can be reached at (954) 491-8707 or melinda@grimaldi-law.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

 For more tips and advice on estate planning and probate in Florida, real estate in Florida, or for any of your business law concerns, the Grimaldi Law Firm votes YES to helping you.

Grimaldi Law Firm: Property. Planning. Protection.