Blog - Business and Real Estate Lawyers | Orlando, FL | Cornerstone Law Firm

Partition: When You Own Property Together and Can’t Even Agree on Pizza

Thu, 15 Jan 2026 19:54:00 GMT

This is the first in a series of articles on partition in Florida.

The most common circumstances causing partition are siblings left owning deceased parents’ houses or romantic partners that purchased a house together.

Owning property with someone else can be great — until it isn’t. Maybe you and a sibling inherited a house. Maybe you bought a vacation place with a friend who now wants out. Maybe your business partner has become your former business partner. When co-owners stop seeing eye-to-eye, Florida law has a built-in solution called a partition.

A partition is a legal process that lets a co-owner of property force a division of that property when the owners can’t agree on what to do with it. If you own property with someone else, and you want out — but they don’t — you don’t have to be stuck forever. Florida law says you generally have the absolute right to partition jointly owned property. That means you can ask the court to step in and untangle the ownership.

The common theme? One person wants to sell or divide the property, and the other person says “no.”

Florida courts generally handle partition by ordering the property sold, and the proceeds are divided among the owners based on their ownership interests. After paying things like mortgages, taxes, and approved expenses, everyone gets their share of the remaining money.

Can One Owner Really Force a Sale?

Yes.

In Florida, any co-owner can usually force a partition, even if the other owners strongly object. You don’t need permission. You don’t need a “good reason.” Wanting out is enough. This surprises a lot of people — but it’s intentional. The law does not want people trapped in permanent co-ownership. Of course the Court will also have to account for who paid what, i.e., the mortgage, the property taxes, and the insurance. Those amounts can be credited or debited when the sale proceeds are divided.

Once the Property is sold and Plaintiff has been reimbursed amounts paid, the remaining proceeds divided interest among the co-owners. After a sale . . . “the money arising from such sale paid into the court to be divided among the parties in proportion to their interest.” §64.071, Fla. Stat .

But do you have options if you don’t want to sell?

It depends.

Sometimes the mere existence of a lawsuit or informing a co-owner of the possibility of partition is enough to turn “absolutely not” into “okay, let’s talk.”

But where it is undisputed that the house cannot be physically divided, the trial court has three options for ordering a partition sale: (1) a judicial sale by public auction under §64.071, (2) a private sale conducted by the clerk or a magistrate under section §64.061(4), or (3) a private sale based on the stipulation of the parties. Marks v. Stein , 160 So. 3d 502, 508 (Fla. 2d DCA 2015).

That last choice – stipulation by the parties – is where we see most the most benefit. If co-owners can agree, each owner can achieve far more value and end up in a win-win situation.

Residential Contract for Sale and Purchase Revisions

Wed, 19 Feb 2025 20:14:00 GMT

Effective January 1, 2025, substantial revisions to the Florida Realtors/Florida Bar (FR/Bar) Residential Contract for Sale and Purchase are in effect. The revisions aim to improve clarity, bring the contract into compliance with recent legislative changes, and ensure fairness in real estate transactions.

1. Explanation of Closing Services and Related Fees

What's Changed?

In Paragraph 9 of both the standard and "AS IS" forms of the FR/Bar contracts, the definition of the term "Closing Services" has been clarified. The revision makes it clear that the parties—seller and buyer—each pay the charges associated with their role in the transaction. The clarification is intended to avoid arguing about who pays for some of the closing charges.

Impact:

For Agents: Agents in real estate need to make clients aware of their financial obligations with regard to closing costs. Open communication will help avoid misunderstandings and ensure smoother deals.

For Consumers: Buyers and sellers must understand their responsibilities when it comes to closing costs. This enables them to plan financially and avoid last-minute surprises at closing.

2. Amendment of Buyer Default Provisions

What's Changed?

Paragraph 15(a) was amended to remove the provision that previously permitted the cooperating broker to request a portion of the listing broker's retained deposit in the event of buyer default. The revision clarifies disbursement issues when a transaction falls through because of buyer default.

Impact:

For Agents: Agents and brokers must read their agreements and realize that, in the event of buyer default, the cooperating broker no longer has an interest in the listing broker's retained deposit. This requires a revisiting of how commissions and deposits are treated in default situations.

For Consumers: Purchasers must be aware of the monetary consequences of breaching a contract, since deposits can be lost without advantage to the cooperating broker. Sellers must know how kept deposits are distributed under such circumstances.

3. Adding New Addenda Options

What's Changed?

Paragraph 19 now includes checkboxes for the already authorized riders FF (Credit Related to Buyer’s Broker Compensation) and GG (Seller’s Agreement with Respect to Buyer’s broker Compensation). This inclusion simplifies the process of incorporating these particular addenda into the contract, making all relevant documents readily identifiable and included.

Impact:

For Agents: Agents are advised to study the contents of riders FF and GG so that they can advise clients accordingly. The checkboxes availability makes it easier to include these addenda, ensuring complete and tailored contracts.

For Consumers: Purchasers and sellers ought to talk with their agents about whether these riders apply to their sale so that any provisions that need to be included are covered in the contract.

4. Amendments to Condominium Disclosure Requirements

What's Changed?

The Condominium Rider (CR-7_A) has been updated to conform to amendments to Section 718.503 of the Florida Statutes, effective December 31, 2024. The revisions require sellers to make certain disclosures about:

Milestone Inspection Reports: Structural integrity assessments of a condominium building. Turnover Inspection Reports: Inspections done when control of the association is transferred from the developer to unit owners.

Structural Integrity Reserve Studies (SIRS): Analysis that determines reserve funds required to ensure the structural integrity of the condominium.

The new rider contains prominent statements with checkboxes to mark whether these studies and inspections have been conducted or are needed.

These revisions are consistent with Section 718.503, Florida Statutes, that provides disclosure requirements for the sale of condominiums.

Impact:

For Agents: Realtors need to make sure sellers know about and adhere to these disclosure requirements. Not providing the required documentation gives buyers the ability to cancel the contract prior to closing.

For Consumers: Buyers should request and review these reports to make informed decisions about the property's condition and the association's financial health. Sellers must be prepared to furnish the required documents to facilitate a transparent transaction.

Conclusion

The 2025 revisions of the Florida FR/Bar Residential Contract for Sale and Purchase demonstrate a serious attempt at transparency, conformity with legislative reforms, and the promotion of fair practices in real estate deals. Both consumers and real estate practitioners should acquaint themselves with the changes to efficiently deal with the buying and selling processes. Being knowledgeable and taking the advice of attorneys when needed can help minimize risk and facilitate successful real estate activities. If you are seeking guidance in any aspect of a real estate transaction, from contract drafting, to contract disputes or closing and title services, please reach out to the knowledgeable attorney team at Cornerstone Law Firm by calling 407-986-0529.

Navigating the Due-on-Sale Clause: A Guide

Fri, 24 Jan 2025 20:20:00 GMT

If you own property in Florida and are exploring creative ways to transfer ownership while carrying an existing mortgage, you may encounter a potential roadblock: the due-on-sale clause. This clause, found in most mortgage agreements, gives your lender the right to demand full repayment of the loan if the property is sold or transferred without their consent. Understanding how this clause works and how it applies to specific scenarios is crucial to avoid financial pitfalls.

What is the Due-On-Sale Clause?

The due-on-sale clause is a legal provision in your mortgage agreement designed to protect the lender’s interest. It prevents borrowers from transferring ownership of the property to another party without notifying the lender. Under the Garn-St. Germain Depository Institutions Act of 1982 , certain transfers are exempt from triggering the due-on-sale clause. For example, you can:

Transfer property to a spouse or child.
Place the property in a revocable trust for estate planning purposes, provided you remain the beneficiary and occupant.
Transfer ownership due to divorce or death.

However, not all transfers are protected under this law, which brings us to a common scenario involving land trusts.

A land trust is a legal tool often used in Florida for privacy and estate planning. When you transfer property into a land trust, the title is held by the trust, but you (as the owner) retain the beneficial interest, which means you control and benefit from the property. As long as you are the sole beneficiary of the land trust, this transfer is generally exempt from triggering the due-on-sale clause under the Garn-St. Germain Act. However, complications arise when you assign the beneficial interest to another party.

Assigning Beneficial Interest: A Risky Move

Assigning the beneficial interest of a land trust to someone else is essentially transferring ownership of the property. Even though the title remains with the trust, the new beneficiary now controls the property. This is where the due-on-sale clause comes into play.

Example 1: Transferring Beneficial Interest Without Lender Consent

Jason owns a property in Orlando, Florida, with a mortgage that includes a due-on-sale clause. For privacy reasons, he transfers the property into a land trust with himself as the sole beneficiary. So far, this does not trigger the due-on-sale clause.

Later, Jason decides to assign the beneficial interest in the trust to Sarah, who agrees to take over the mortgage payments. Despite no formal title transfer, this assignment changes the ownership structure. If the lender discovers the transfer, they may invoke the due-on-sale clause and demand immediate repayment of the loan balance.

Example 2: The Lender’s Response

Sarah continues making timely mortgage payments, either directly or to Jason, and the lender initially remains unaware of the transfer. However, during a routine title search (e.g., when Sarah applies for homeowner’s insurance or tries to refinance), the lender learns about the change in beneficial interest. They send Jason a notice requiring full repayment of the loan within thirty (30) days. Jason and Sarah are now in a difficult position: either pay off the loan or risk foreclosure.

Why Lenders Care About the Due-On-Sale Clause

Lenders rely on the due-on-sale clause to:

Ensure the borrower’s financial stability aligns with the terms of the loan.
Avoid situations where the new “owner” might be less creditworthy.
Maintain control over the property securing the loan.

From the lender’s perspective, unauthorized transfers increase the risk of default, even if payments are current.

How to Mitigate the Risks

If you are considering transferring property to a land trust or assigning the beneficial interest, here are steps you can take:

Consult with an Attorney : Speak with a Florida real estate attorney to review your mortgage agreement and understand your options.
Seek Lender Approval : While lenders rarely grant permission for such transfers, asking upfront can help you avoid unexpected consequences.
Consider Alternative Strategies : If your goal is to sell or transfer the property, explore traditional methods like owner financing or assumption of the mortgage (if allowed).
Be Transparent : Concealing the transfer might work temporarily, but the lender is likely to discover it eventually. Transparency minimizes long-term risks.

Transferring a mortgaged property to a land trust and assigning the beneficial interest can seem like an attractive strategy for privacy, estate planning, or id you are looking for a quick sale. However, it’s essential to understand how the due-on-sale clause applies and the potential consequences of triggering it. If you’re in this situation, consult with a qualified real estate attorney in Florida to ensure your actions comply with the law and your mortgage agreement. Contact the team at Cornerstone Law Firm if you would like to discuss how taking the right steps now can save you significant financial and legal headaches down the road.

Florida Legislative Changes for 2025

Mon, 06 Jan 2025 12:49:00 GMT

As Florida ushered in the new year, several laws took effect on January 1, 2025, impacting various aspects of daily life. Here are a few of the legistative changes to be aware of in the Sunshine State:

Social Media Restrictions for Minors (HB 3)

Children under 14 are now prohibited from creating social media accounts. Those aged 14 and 15 may have accounts only with parental consent. This measure aims to protect minors from potential online harms and enhance parental oversight of their children's digital activities.

Voter Registration Application Amendments (HB 135)

Voters seeking to change their party affiliation must now provide written consent. This change is designed to prevent inadvertent alterations during processes like driver's license renewals, ensuring voter intentions are accurately recorded.

Enhanced Protections Against Financial Exploitation (HB 157)

The new law introduces measures to safeguard vulnerable adults from financial exploitation. It empowers financial institutions to delay suspicious transactions and report potential exploitation to authorities, aiming to protect individuals from financial abuse.

Building Regulations Update (HB 267)

This legislation updates building codes and regulations to enhance safety standards across the state. The specifics of these updates are detailed in the bill, focusing on improving construction practices and ensuring public safety as well as requiring set timelines for approving and denying permit applications.

First Responder Safety Measures (HB 365)

The law introduces enhanced penalties for offenses committed against first responders, aiming to provide greater protection for those serving on the front lines in emergency situations.

Insurance Regulations Adjustment (HB 379)

This legislation modifies existing insurance regulations to address current market conditions and consumer needs, aiming to improve the insurance landscape for Florida residents.

Health Care Practitioner Licensure (HB 543)

The new law revises licensure requirements for health care practitioners, streamlining processes to ensure qualified professionals can serve the community effectively.

Public Records Exemptions (HB 689)

This legislation expands exemptions for certain public records, aiming to protect sensitive information while balancing transparency and privacy concerns.

Specialty License Plates (HB 403)

Starting October 1, 2024, Florida introduced new specialty license plates, including themes like Margaritaville and Universal Orlando. These plates require an annual fee of $25, with proceeds supporting various charitable causes.

These changes reflect the state's efforts to address evolving societal needs, enhance public safety, and protect vulnerable populations. You should familiarize yourself with these new laws to ensure compliance and understand their implications. If there are specific concerns you have, the team at Cornerstone Law Firm, PLLC is well positioned to answer and address your concerns.

Wills or Trusts? What’s in it for me?

Mon, 07 Oct 2024 17:36:00 GMT

When it comes to securing your assets and ensuring your wishes are honored after your passing, understanding the differences between wills and trusts is essential. Both estate planning tools serve the critical purpose of directing how your property is distributed, but they function in distinct ways and offer varying benefits. It is helpful to look into the key features, advantages, and potential drawbacks of each, to determine which option may be best suited for your individual circumstances and goals. Whether you're looking to minimize probate complications, protect assets, or provide for loved ones, a thorough understanding of wills and trusts will empower you to make informed decisions about your estate planning strategy.

1. Definition

Will: A legal document that specifies how your assets and affairs should be handled after your death. It only takes effect upon your passing.
Trust: A fiduciary arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts can be established during your lifetime (living trusts) or created through a will (testamentary trusts).

2. Effective Date

Will: Takes effect only upon your death.
Trust: Can take effect immediately upon creation, allowing for asset management during your lifetime and after your death.

3. Probate Process

Will: Typically requires probate, a court process to validate the will and oversee asset distribution, which can be time-consuming and public.
Trust: Avoids probate when properly funded, allowing for faster and more private distribution of assets to beneficiaries.

4. Privacy

Will: Becomes a public record once it enters probate, meaning its contents are accessible to anyone.
Trust: Remains private; the terms and assets held within a trust do not become public records.

5. Asset Control

Will: Grants control over asset distribution after death but does not manage assets during your lifetime.
Trust: Provides ongoing management of assets, which can be beneficial if the grantor becomes incapacitated. The trustee can manage the trust according to its terms, ensuring the grantor’s wishes are followed.

6. Modification and Revocation

Will: Can be modified or revoked at any time before the testator’s death, provided the proper legal formalities are followed.
Trust: Revocable trusts can be changed or revoked during the grantor’s lifetime. Irrevocable trusts, however, cannot be altered or revoked without the consent of the beneficiaries or a court order.

7. Asset Types

Will: Can cover a wide range of assets but generally must go through probate to transfer ownership.
Trust: Can hold a variety of assets, including real estate, bank accounts, investments, and personal property, and can facilitate immediate transfers without probate.

8. Guardianship

Will: Allows for the designation of guardians for minor children, specifying who will care for them after your death.
Trust: While a trust can provide for the care of minor children through a testamentary trust, it doesn’t directly appoint guardians. This must be specified in a will.

9. Tax Considerations

Will: Does not provide tax advantages on its own. Estate taxes will be assessed on the total value of the estate.
Trust: Certain types of trusts (like irrevocable trusts) can offer tax benefits, helping to reduce estate taxes or protect assets from creditors.

10. Cost and Complexity

Will: Generally simpler and less expensive to create but will incur costs related to the probate process.
Trust: Often more complex and potentially more expensive to set up due to drafting and management considerations but can save on probate costs and provide greater control over asset management.

11. Incapacity Planning

Will: Does not address what happens if the testator becomes incapacitated; it only takes effect after death.
Trust: Can provide for the management of assets in the event of the grantor’s incapacity, with the trustee stepping in to manage the trust without court intervention.

Both wills and trusts serve important functions in estate planning, and the best choice often depends on individual circumstances, goals, and preferences. Consulting with an estate planning attorney can help tailor a plan that best suits your needs.

Do I really need an operating agreement for my LLC?

Fri, 30 Jun 2023 12:00:00 GMT

An LLC (Limited Liability Company) operating in Florida without an operating agreement may encounter several issues that could potentially disrupt the business's operations and create legal and financial challenges. Some of the issues that can arise for an LLC without an operating agreement in Florida include:

Unclear Ownership and Management: The absence of an operating agreement can result in ambiguity regarding the ownership and management of the LLC. Operating agreements typically outline the roles, responsibilities, and rights of the LLC's members, as well as the decision-making processes and procedures for the business. Without a clear operating agreement, disputes or disagreements may arise among members regarding ownership interests, management authority, profit sharing, and other important aspects of the business.
State Default Rules Apply: In Florida, if an LLC does not have an operating agreement, the state's default rules, as outlined in the Florida Revised Limited Liability Company Act, will govern the LLC's operations. These default rules may not necessarily align with the LLC's intentions or the members' preferences. For example, the default rules may provide for equal profit sharing among members, regardless of their capital contributions or intended profit-sharing arrangements. This lack of customization may result in unintended consequences and may not reflect the members' desired business structure or operations.
Legal and Financial Risks: Without a properly drafted operating agreement, an LLC in Florida may face legal and financial risks. For instance, in the absence of an operating agreement, the LLC may not have clear procedures in place for dispute resolution, member withdrawal, or dissolution, which could result in costly and time-consuming litigation. Additionally, the LLC may not have appropriate provisions for protecting the limited liability status of its members, potentially exposing them to personal liability for the LLC's debts or liabilities.
Difficulty in Obtaining Financing or Attracting Investors: Lenders and investors often require an LLC to have a well-drafted operating agreement as part of their due diligence process. Without a comprehensive operating agreement, the LLC may face challenges in obtaining financing or attracting potential investors who may view the lack of an operating agreement as a sign of poor governance or instability, which could impact the LLC's ability to grow or expand.

Not having an operating agreement in place can pose various issues for an LLC operating in Florida, including uncertainty in ownership and management, default application of state rules, legal and financial risks, and difficulties in obtaining financing or attracting investors. It is crucial for LLCs in Florida to work with qualified legal professionals to draft a comprehensive operating agreement that aligns with the LLC's specific needs and protects the interests of its members.

20 Reasons Why A Business Attorney is Your Best Friend.

Tue, 20 Jun 2023 12:00:00 GMT

Legal compliance: A business attorney can help ensure that your business is compliant with all relevant laws and regulations.
Contracts: A business attorney can assist with drafting, reviewing, and negotiating contracts to protect your business interests.
Intellectual property: A business attorney can help protect your company's intellectual property, such as trademarks, copyrights, and patents.
Business formation: A business attorney can help you choose the right business structure and assist with the legal requirements for forming a company.
Dispute resolution: A business attorney can help resolve disputes with customers, vendors, and other parties, potentially avoiding costly litigation.
Liability protection: A business attorney can help protect your personal assets by limiting your personal liability for business debts and obligations.
Employment law: A business attorney can assist with employment law matters such as hiring, ﬁring, and discrimination claims.
Tax law: A business attorney can provide guidance on tax matters, including compliance with tax laws and regulations.
Real estate: A business attorney can assist with real estate matters such as lease agreements and property purchases.
Insurance: A business attorney can help you navigate insurance policies and claims.
Mergers and acquisitions: A business attorney can assist with the legal aspects of buying or selling a business.
Financing: A business attorney can help you secure ﬁnancing for your business and ensure compliance with relevant regulations.
Regulatory compliance: A business attorney can help ensure that your business complies with industry-speciﬁc regulations.
Business succession planning: A business attorney can assist with planning for the future of your business, including succession planning.
Risk management: A business attorney can help identify and mitigate risks to your business.
International business: A business attorney can assist with legal matters related to international business transactions.
Corporate governance: A business attorney can provide guidance on corporate governance matters, such as board meetings and shareholder agreements.
Bankruptcy: A business attorney can assist with bankruptcy proceedings if your business is facing ﬁnancial difficulties.
Government relations: A business attorney can help you navigate government regulations and interactions.
Peace of mind: By having a business attorney, you can have peace of mind knowing that your business is legally protected and well-advised.

School’s Out! Things To Do This Summer

Wed, 14 Jun 2023 13:30:00 GMT

Are you ready to make the most out of your summer in Orlando? Look no further! We've compiled a comprehensive list of 101 thrilling activities that will keep you entertained all season long. From theme parks to outdoor adventures, cultural experiences to water parks, there's something for everyone. Get ready to create lasting memories with friends and family as you embark on an incredible summer journey in Orlando.

Experience the Magic of Walt Disney World:

No summer in Orlando is complete without a visit to Walt Disney World. Explore the enchanting lands of the Magic Kingdom, encounter beloved characters, and enjoy thrilling rides that cater to all ages.

Dive into Adventure at Universal Orlando Resort:

Head over to Universal Orlando Resort for heart-pounding roller coasters, immersive Harry Potter experiences, and captivating shows. Don't miss The Wizarding World of Harry Potter, where you can sip butterbeer and explore Diagon Alley.

Connect with Nature at Wekiwa Springs State Park:

Escape the bustling city and immerse yourself in the beauty of nature at Wekiwa Springs State Park. Take a refreshing dip in the crystal-clear springs, hike along scenic trails, or rent a kayak and paddle through the tranquil waters.

Discover Marine Wonders at SeaWorld Orlando:

Embark on an underwater adventure at SeaWorld Orlando. Witness incredible marine life up close, catch captivating shows featuring dolphins and orcas, and experience thrilling rides that will leave you breathless.

Immerse Yourself in Art at the Orlando Museum of Art:

Take a break from the heat and explore the Orlando Museum of Art. Admire a diverse range of artworks, from contemporary pieces to ancient artifacts, and learn about the rich cultural heritage of Orlando.

Beat the Heat at Aquatica Orlando:

Cool off and make a splash at Aquatica Orlando, a thrilling water park that promises fun for all ages. Enjoy exhilarating water slides, lazy rivers, and even the opportunity to swim with dolphins.

Step Back in Time at the Harry P. Leu Gardens:

Stroll through the beautiful Harry P. Leu Gardens, featuring over 50 acres of stunning landscapes and exquisite gardens. Explore the historical Leu House Museum and learn about the rich history of this botanical oasis.

Get Thrilled at Gatorland:

For an adrenaline rush, head to Gatorland, where you can witness jaw-dropping stunts performed by skilled handlers, meet alligators up close, and even zipline over these incredible reptiles.

Indulge in Retail Therapy at The Mall at Millenia:

Escape the heat and enjoy a day of shopping at The Mall at Millenia. Discover luxury brands, upscale boutiques, and dine at exquisite restaurants, all under one roof.

Unwind on the White Sands of Clearwater Beach:

Take a day trip to Clearwater Beach and soak up the sun on its pristine white sands. Swim in the clear turquoise waters, try your hand at water sports, or simply relax and

Orlando is a summer paradise with countless activities waiting to be explored. Whether you're seeking thrills at world-famous theme parks or prefer immersing yourself in the beauty of nature, this vibrant city has something for everyone. So pack your bags, gather your loved ones, and get ready for an unforgettable summer adventure in Orlando. Get out there and make the most of the sunshine, laughter, and memories that await you!

Trust Us, You May Actually Need a Trust

Wed, 24 May 2023 09:30:00 GMT

Revocable trusts, also known as living trusts, are a popular estate planning tool in Florida. A revocable trust is a legal document that allows individuals, referred to as grantors or settlors, to transfer their assets into a trust during their lifetime, with the flexibility to modify or revoke the trust at any time. One of the main benefits of a revocable trust is that it allows for the avoidance of probate, which is the court-supervised process of distributing a person's assets after their death. In Florida, where probate can be time-consuming and costly, a revocable trust can be a valuable tool for estate planning.

Another advantage of revocable trusts in Florida is their privacy. Probate proceedings in Florida are public records, which means that anyone can access information about a deceased person's assets, debts, and beneficiaries. However, revocable trusts are private documents and are not subject to public scrutiny. This allows grantors to keep their financial affairs confidential and protect their family's privacy.

Revocable Trusts can also help avoid potential challenges to the estate plan. In Florida, as in many other states, probate proceedings can be contested by disgruntled family members or other interested parties. However, assets held in a revocable trust are generally more difficult to challenge than those that go through probate. This is because the trust is a private document that typically includes clear instructions on how the assets are to be distributed, making it harder for interested parties to dispute the grantor's wishes.

Revocable trusts are a popular estate planning tool in Florida due to their flexibility, privacy, and potential to avoid probate and challenges to the estate plan. By creating a revocable trust, individuals in Florida can have greater control over their assets during their lifetime and ensure that their estate is distributed according to their wishes after their death. However, it's important to work with a qualified estate planning attorney in Florida to ensure that a revocable trust is properly drafted and executed in accordance with state laws and individual circumstances. In need of setting up your trust? Call us at Cornerstone Law Firm in Winter Springs, Florida where our team is dedicated to assisting you with navigating the estate planning process.

20 Ways to Organize Your Life

Fri, 19 May 2023 12:30:00 GMT

Use a planner or calendar to keep track of important dates and appointments.
Create a to-do list each day to prioritize tasks.
Declutter your physical space regularly to reduce stress and increase productivity.
Use digital tools such as productivity apps to stay organized.
Keep important documents and information in a designated folder or ﬁle.
Automate repetitive tasks like bill payments or email responses.
Break down larger tasks into smaller, more manageable steps.
Set achievable goals and track your progress.
Delegate tasks to others when possible.
Keep a tidy workspace to improve focus and motivation.
Use time-blocking to schedule speciﬁc activities throughout the day.
Create a morning routine to start the day off on the right foot.
Take breaks throughout the day to avoid burnout and increase productivity.
Use a meal planning system to simplify grocery shopping and meal prep.
Set boundaries with your time and learn to say no to commitments that don't align with your priorities.
Practice mindfulness and meditation to reduce stress and improve focus.
Use a budgeting tool to keep track of expenses and ﬁnances.
Keep a journal to reﬂect on your thoughts and emotions.
Learn to effectively manage your email inbox and avoid getting overwhelmed.
Prioritize self-care activities like exercise, hobbies, and spending time with loved ones.

Estate Plan Paralysis, Where do I Start?

Wed, 10 May 2023 18:38:00 GMT

Estate planning is a crucial process that involves making legal arrangements for the management and distribution of one's assets and affairs upon their death or incapacity. In Florida, some of the most important estate planning documents include:

Last Will and Testament: A Last Will and Testament, commonly known as a Will, is a legal document that outlines how a person's assets and possessions will be distributed after their death. It allows individuals to specify their beneficiaries, appoint an executor to manage the estate, and nominate guardians for minor children, among other things. A Will must be properly executed in accordance with Florida state law to be valid.
Revocable Living Trust: A Revocable Living Trust, also known as a Living Trust or a Revocable Trust, is a legal document that allows individuals to transfer their assets into a trust during their lifetime and designate beneficiaries to receive those assets upon their death. Unlike a Will, a Revocable Living Trust avoids probate, which is the court process of distributing assets after death, and can provide more privacy, flexibility, and control over the distribution of assets.
Durable Power of Attorney: A Durable Power of Attorney is a legal document that appoints someone to act as an agent or attorney-in-fact on behalf of an individual, allowing them to make financial and legal decisions in the event of their incapacity. This document is "durable" because it remains effective even if the individual becomes incapacitated, and it can be used to manage financial matters, pay bills, make investments, and engage in legal transactions on behalf of the individual.
Health Care Surrogate: A Health Care Surrogate, also known as a Medical Power of Attorney, is a legal document that designates someone to make medical decisions on behalf of an individual in the event of their incapacity. It allows the designated surrogate to make medical treatment decisions, access medical records, and communicate with healthcare providers based on the individual's wishes and best interests.
Living Will: A Living Will, also known as an Advance Directive, is a legal document that outlines an individual's preferences for end-of-life medical care. It can specify whether or not an individual wishes to receive life-sustaining treatments such as artificial hydration, nutrition, or resuscitation in the event of a terminal condition or persistent vegetative state, and it can guide healthcare providers and family members in making medical decisions.

Estate planning is a highly individualized process, and the specific documents needed may vary depending on an individual’s unique circumstances and estate planning goals. It’s crucial to work with an experienced estate planning attorney to create a comprehensive estate plan tailored to your needs and wishes.

Can my condominium association really take my condo?

Wed, 03 May 2023 18:29:00 GMT

Yes, Condominium Associations in Florida can lien and then foreclose on units within the condominium. In Florida condo lien foreclosure is governed by the Florida Condominium Act, specifically Chapter 718 of the Florida Statutes (the “Condo Act”). The Condo Act outlines the procedures and requirements for condo associations to enforce their liens against delinquent unit owners and foreclose on their units to collect unpaid assessments and other charges.

Under Florida law, a condo association has a continuing lien on a unit for any unpaid assessments, including regular assessments, special assessments, and other charges. The association has the right to foreclose on the lien – foreclosure just like a mortgage.

The condo lien foreclosure process in Florida generally involves the association sending mandatory notices to the owner and then ultimately filing a lawsuit in court to obtain a judgment against the delinquent unit owner. There are at least two mandatory notices that the condo association must send before filing the lawsuit for foreclosure. Florida law requires that the condominium association send the notices via certified mail to the unit address and to any other address the owner has provided to the association. This is especially important for non-owner occupied condo units.

The unit owner has the opportunity to defend against the foreclosure action and may have various legal defenses available, such as challenging the validity or amount of the assessments, the associations (non)compliance with the statute, and other defenses. One of the best defenses to an otherwise valid lien foreclosure is failure of the association to follow the statutory notices that are required under the Condo Act. However, if the association is successful in obtaining a judgment, the court will order the sale of the unit at a foreclosure sale.

It's important to note that Florida law provides certain protections to unit owners facing condo lien foreclosure, including notice requirements, opportunities for payment plans or mediation, and redemption rights that allow the unit owner to reclaim the unit after the foreclosure sale by paying the outstanding amounts in full. It's crucial for unit owners to understand and comply with the specific requirements and procedures outlined in the Florida Condominium Act regarding condo lien foreclosure to ensure compliance with the law and protect their respective rights and interests. Legal advice from a qualified attorney in Florida, is recommended for navigating the complex process of condo lien foreclosure. At Cornerstone Law Firm we are here to help. We invite you to call our office if you need assistance or guidance.

20 Real Facts about Litigation

Thu, 20 Apr 2023 13:08:00 GMT

Litigation refers to the process of resolving disputes through the court system.
Litigation can be costly and time-consuming.
The parties involved in litigation are typically represented by attorneys.
Litigation can involve a range of legal issues, including contract disputes, personal injury claims, and intellectual property disputes.
The process of litigation typically involves multiple stages, including discovery, motion practice, and trial.
Litigation can be resolved through settlement negotiations, alternative dispute resolution methods, or a trial.
The outcome of litigation can be unpredictable, and there is no guarantee of success.
Litigation can have serious consequences for individuals and businesses, including ﬁnancial penalties and reputational damage.
Litigation can also have beneﬁts, such as the possibility of obtaining compensation or protecting one's legal rights.
It is important to carefully consider the potential risks and beneﬁts of litigation before pursuing it.
Litigation can be inﬂuenced by a range of factors, including the strength of the evidence,
the credibility of witnesses, and the effectiveness of legal arguments.
Litigation can also be affected by external factors, such as the judge assigned to the case and the state of the law.
Litigation can involve complex legal procedures and rules, and it is important to have an experienced attorney who can navigate these issues.
Litigation can be emotionally challenging, and it is important to have a support system in place.
Litigation can be inﬂuenced by public opinion and media coverage, which can impact the
outcome of a case.
Litigation can also have broader societal implications, as legal decisions can shape public policy and social norms.
The cost of litigation can vary widely depending on the complexity of the case and the jurisdiction in which it is being litigated.
Litigation can be a lengthy process, and cases can take years to resolve.

Orlando Spring Break 2023

Fri, 10 Mar 2023 18:11:00 GMT

For most of Central Florida Spring Break begins next week! If you did not opt to travel this year, don't forget that your own backyard is a top destination spot for Spring Breakers! There is so much to do and see this time of year in the sunshine state. We rounded up some of the best things to do and see around Central Florida if you are planning to stay-cation this year!

Hit the Parks!

SeaWorld Seven Seas Food Festival: SeaWorld is bringing the FUN under the sea this year with Food, Drinks and Entertainment
Busch Gardens Food and Wine Festival: March 10 – May 21, 2023 A short drive to Tampa for fast rides, great food and wine!
CLF PICK - EPCOT Flower and Garden Festival: March 1 – July 5, 2023 Art, food, and in our opinion the most parent-friendly park of all!

St. Patrick’s Day Family Fun

Paint the Cloud Green: The St. Cloud St. Patrick’s Day Parade will be held on Saturday, March 18, 2023.
Annual St. Paddy’s Day Truck Pull and Street Festival: Downtown Sanford’s signature St. Patty’s event!
Shamrocks and Shenanigans in DeLand
CLF PICK ** Oviedo St. Patrick’s Festival in the Park : Green Beer, Irish Step Dancers, face painting, jugglers, a photobooth and more! Fun starts on Friday, March 17 – from 5pm to 9pm and Saturday, March 18 – from 4pm to 10pm.
St. Patrick’s Day at Boxi Park in Lake Nona

FREE THINGS TO DO:

A whole different kind of park! Put together a picnic, grab a canoe or kayak and enjoy nature! Our favorite spots:

Wekiva Springs
Blue Springs
Rock Springs
Adventure Kayak of Cocoa Beach

Hit the Beach!

New Smyrna Beach
Daytona Beach
Cocoa Beach
Melbourne Beach

Parks and Playgrounds

Oviedo in the Park
Phelps Park
Azalea Lane Playground
Ward Memorial Park
Trailblazer Park

Head to the Zoo!

Central Florida Zoo
Brevard Zoo
Zoo Tampa
Gatorland

Additional CLF Recommendations:

Central Florida Fair- March 2nd-March 12th!
Free Entry Day into Leu Gardens on March 11th and March 12th!
Earth Matters Exhibit at Orlando Science Center
Winter Park Art Festival
Head to watch a Magic Game!
Bowling: Our Favorites? Splitsville, Aloma Bowl and Boardwalk Bowl
Indoor Trampoline Parks: Rebounderz, Defy & Launch Orlando!

Why Have a Business Attorney?

Thu, 09 Mar 2023 16:57:00 GMT

We are often asked what a “business” attorney does? At its most basic, a business attorney provides legal advice and guidance to businesses, entrepreneurs, and investors. Business attorneys are knowledgeable about the laws and regulations that affect businesses, and how they apply to the business owners unique (and not so unique) situations. They provide a range of legal services to help businesses thrive. These include contract drafting and review, entity formation and structure, mergers and acquisitions, regulatory compliance, risk management, and dispute resolution. You can find business attorneys, in-house, as part of government agencies or in private practice. The attorneys at Cornerstone Law Firm have experience in a wide variety of business operations.

A solid relationship with a business attorney is important for several reasons:

Legal Guidance: A good business attorney can provide legal direction and guidance to help ensure your business complies with all applicable laws and regulations.
Contract drafting and review: An attorney can help you draft and review contracts and agreements, which can help prevent disputes and protect your business interests.
Risk Management: An attorney can help you identify potential legal risks and develop strategies to mitigate them, helping to protect your business from unnecessary and costly lawsuits
Peace of mind: Having a good business attorney can give you peace of mind, knowing that you have an experienced legal professional on your side who can help you achieve your goals and protect your interests.

If you need guidance in your business, call Cornerstone Law Firm in Winter Springs, Florida. Our experienced attorneys are here to help you.

New Business Check List

Tue, 14 Feb 2023 02:08:00 GMT

Starting a business can seem daunting - endless things to do, so many hats to wear! Branding, Strategies, Structure, Hiring, Marketing – the list can be overwhelming, but DON’T let that stop you, your DREAM is worth it! Streamline your startup process and create a new business checklist. Take that off the tasks you need to tackle and WRITE IT DOWN! A sequential checklist and knowing the order in which to tackle tasks can expedite your success.

Here are some of the most important steps to take when starting a business.

#1 Search your proposed name and logo (if designed) for any conflict, likeliness or trademark issues. This is not just searching your state! Checking the USPTO for trademarks can save you headaches. Protect your intellectual property.

#2 Choose your form of business. Your future business goals will determine which is best for you. Get advice from your attorney and accountant. You do not have to go it alone; a team of advisors can support and ensure you are avoiding potential pitfalls.

#3 Register your business with the Florida Secretary of State’s office and help develop and define your operations with tailored Operating and Incorporation documents.

#4 Maintain your record at Florida Secretary of State’s Office to avoid delinquency and higher filing fees. This will require filing an annual report with the state. Your Registered Agent should monitor and ensure annual reporting is filed properly.

#5 Based on location, you may need additional City and County business licensure. This application discloses matter of business and alerts whether sales tax is necessary. General rule, if you are selling any products; you must collect and pay sales tax. Discuss this with your accountant!

#6 Do you have a financial and business plan? Every successful business needs one!

Obtain your federal tax identification number (EIN) from the IRS.
Create a business plan, budget, cash flow projections, and determine working capital needs.
Contact your accountant for bookkeeping and account management.
Establish a business bank account and credit card.
Establish business credit.
Understand the tax implication of the entity you are using for your business.
Obtain your wage withholding account number from the Florida Department of Revenue.
Check that you have all of the federal, state and local tax information and forms.
Get all proper insurance coverage; some recommendations are liability, property protection, workers comp (cyber security and an umbrella policy). Your insurance agent is an important part of your team.

Working with an attorney from the inception of your business helps you determine what form of business to choose, how to execute your plan and how to protect your dream. Every business is unique, whether you are looking at starting a solo business, a partnership, a joint venture, non-profit or a franchise. The attorneys at the CLF can assist you in taking the steps to make your dream real. >>>>>

Living Trusts

Wed, 08 Feb 2023 02:18:00 GMT

A living trust can help you avoid the cost and delay of probate. It can also avoid risks associated withjointly owning assets. A r revocable living trust won’t however protect you from lawsuits.

Though a revocable trust won’t protect you from lawsuits - you have the comfort of knowing that you can change or revoke your living trust as often as you can revise your will. Whether you and your spouse should create joint or separate trusts will depend on your creditor exposure and your jurisdiction.

There are trade-offs between the different ways to title assets. Without a revocable living trust, the court will distribute your assets under your will. This can be expensive, time- consuming, and cumbersome. (Probate costs can consume as much as 4% of an estate and delay estate distributions). If you bequeath $1 million through your will, your heirs may pay

$40,000 in probate costs, and wait years for their inheritances.

A living trust circumvents the probate process. Your assets immediately transfer to your beneficiaries.

You can take further steps to protect your assets lawsuit by titling them to a limited partnership. Your living trust (which avoids probate) can own your limited partnership. When you die, your ownership in the limited partnership immediately transfers through the living trust to your heirs, and avoids probate. During your lifetime your assets would be creditor-protected by the limited partnership.

An experienced attorney can help you implement a customized. CLF is dedicated to providing you with quality legal counsel for all your estate planning needs. To learn more about how we can help you plan for and protect your assets, contact us today to schedule a complimentary consultation.

Let’s Talk “Asset Protection”

Tue, 07 Feb 2023 18:15:00 GMT

When you visualize “asset protection” do you think about hiding money in your mattress? Maybe offshore accounts in the Cayman Islands? Or do you simply think it doesn’t apply to you?

The concept of protecting your stuff can mean different things, and it can be done for different reasons - but make no mistake, it does matter for everyone. Asset protection can be a critical part of your estate planning strategy, no matter the size of your estate. The best strategy for you will be tailored based on your goals and the nature of your assets.

Asset protection is the process of structuring assets (property, cash, businesses, and investments) to prevent for a current or future creditor from being able to collect on those assets.

Our society has become increasingly litigious and anyone can be sued – and anything of value (or that generates income) can be at risk. What kind of liabilities do we need to protection from?

The most common suits that expose liabilities are:

Plaintiffs’ lawsuits
Business lawsuits
Real Estate lawsuits
Creditor/Loan repayment lawsuits
Divorce lawsuits
IRS Tax actions

Assets held in checking accounts, savings accounts and CDs, non-qualified investment accounts (mutual funds or trading accounts), real property held in an individual’s name, businesses owned as sole proprietorships or general partnerships and personal property held in an individual’s name offer little or no protection and can be lost to creditors without a protection strategy.

There are various strategies for Asset Protection available in Florida, some obscure and some very common worth considering.

From the most common to the most complex some ways you can create a protected class of assets are:

Homestead protection and properly taking title to real estate
Annuities and Life Insurance
Qualified accounts (IRAs, 401ks, and 403bs) and wage accounts
Florida-based business entities (LLCs, Corporations and Limited Partnerships)
Marital agreements (pre-nuptial and post-nuptial)
Domestic trusts (Revocable, Domestic Asset Protection Trusts, Land Trusts, other Irrevocable Trusts)
Offshore trusts and offshore business entities

Asset protection is an important part of an individual estate plan and is most effective when it can be implemented before a problem arises. CLF attorneys focus their practice in Estate Planning, Business Formation and Strategy and Real Estate. Our team can help you at every stage of the asset protection process. Call us today for a …..

Protecting Your Digital Assets

Tue, 07 Feb 2023 18:07:00 GMT

What are digital assets ?

You are probably reading this blog on your phone or tablet, perhaps you clicked the link on Facebook or Linkedin. Technology is a huge part of our lives and so are our digital assets . Social media and email accounts are considered digital assets, as well as creative works, photos and keepsakes kept on home computers, the cloud or external storage drives. Digital assets also include e-commerce accounts and domain names.

Have you talked about it with those you love?

Although many of us have digital assets, not nearly enough of us are working to protect them. In a recent survey of baby boomers, only 16% of respondents had thought about what would happen to their digital assets after their deaths. A mere 3% had alerted or prepared their loved ones with regard to this issue.

What should I do to protect my digital assets?

You should plan for the transfer and/or administration of digital assets just as you would for tangible assets. Your digital assets may or may not be of great financial value, but they need protection against exploitation, as well as abandonment. Digital asset protection is essential in ensuring that your personal information is protected throughout and after your lifetime.

Most of us have a large digital footprint and it can be difficult to track down all or even the majority of our digital assets. Start now by making a list and locating your digital assets. Speak with an attorney including provisions for your digital assets in your estate plan.

At the CLF we provide comprehensive legal assistance to help you protect the property you acquire throughout your lifetime. To learn more about how we can help you in transferring and safeguarding your assets reach out ….