FAQs

Joint tenancy is a way for two or more people to own property together, using specific language in the title. The key feature is right of survivorship—if one owner passes away, their share automatically transfers to the surviving owner(s) without going through probate.

Estate by entirety is a special form of property ownership available only to married couples and, in certain states, legally registered same-sex couples. It resembles joint tenancy but includes additional protections:

• Both spouses have equal rights to use and enjoy the property.
• Neither spouse can unilaterally sell or transfer the property.
• Creditors of only one spouse cannot force the sale of the property to satisfy debts.
• When one spouse dies, the surviving spouse automatically receives full ownership without the need for probate.

A solid purchase agreement is key. It should clearly state the price, payment terms, property details, contingencies (like inspections or financing), and closing date. Including a dispute resolution clause helps avoid future conflicts. Consulting an experienced attorney ensures the agreement is thorough and legally sound.

Legal representation ensures that contracts are properly drafted, disputes are managed, and your rights are upheld throughout the development and construction process.

The right of survivorship means that when one co-owner of property dies, their share automatically goes to the surviving owner(s). This is common in joint tenancy and estate by entirety arrangements and avoids probate.

Tenants in common is a flexible form of property ownership where co-owners can hold unequal shares of a property. It is commonly used by business partners, investors, and unmarried couples. Unlike joint tenancy, there is no right of survivorship—when an owner dies, their share passes according to their will or state inheritance laws.

A deed is the legal document that transfers ownership of real estate. It includes:

• Names of the current and new owners
• A detailed legal description of the property
• The signature of the person transferring the property

After signing, the deed should be recorded in the appropriate county land records office. Recording gives public notice of the ownership change and protects the property rights of the new owner. A small recording fee is usually required.

A warranty deed is a method of transferring property in which the seller guarantees that the title is clear and marketable. The seller promises to defend the property against any claims from others. Typical warranties include:

• Clear and marketable title
• Freedom from liens or encumbrances (unless stated otherwise)
• Right of possession for the buyer
• Obligation to defend the title

While these warranties provide reassurance, they do not replace the need for a title search or title insurance, since defects may arise later, long after the seller is no longer available.

A quit claim deed transfers any ownership interest the seller may have, without guaranteeing clear title or defending against claims. It is often used for transfers between family members or to clear up title issues.

When a homeowner fails to make mortgage payments, the lender may initiate foreclosure. State laws regulate the process, including notice requirements and opportunities to cure the default before the property is sold. Homeowners may remain in their home during foreclosure proceedings. Lenders often try to avoid foreclosure by negotiating alternative payment arrangements, such as partial payments or interest-only plans.

If you are facing a foreclosure or other real estate challenges, contact the Law Office of Nia D. Johnson, PLLC to discuss your options.

Guardianship is a legal process in Florida courts where a guardian is appointed to manage the personal and/or financial affairs of a minor or an incapacitated adult.

• Guardianship of a Minor: Typically, a child’s parents serve as natural guardians. However, if both parents die, become incapacitated, or if the child inherits more than $15,000 from a lawsuit or insurance policy, the court must appoint a guardian. Parents may also pre-designate a guardian in writing or through a will.

Florida law allows you to name a potential guardian in advance for yourself or your children in case of future incapacity. If you do not designate a guardian, the court will select one if and when it becomes necessary.

A guardian is an individual or institution (such as a nonprofit or bank trust department) appointed by the court to care for an incapacitated person (called a ward) or to manage the ward’s assets.

An incapacitated person is an adult who has been judicially determined to lack the ability to manage at least part of their property or to meet essential health and safety needs.

If a child’s parents die, become incapacitated, or if the child receives an inheritance or lawsuit settlement over $15,000, the court may appoint a guardian. Parents can also pre-designate a guardian in writing or in their will.

Estate planning is the process of organizing how your assets, property, and finances will be managed and distributed after your death or if you become incapacitated. It ensures your wishes are honored and can help minimize taxes and legal complications.

A living trust is a legal arrangement where your assets are transferred to a trust during your lifetime and managed for your benefit. Upon your death, the trust distributes assets to beneficiaries without going through probate, often saving time and expenses.

A will goes into effect after death and must pass through probate, while a trust can manage assets during your lifetime and allows for quicker, private distribution to beneficiaries after death.

Estate plans should be reviewed and updated after major life events, such as marriage, divorce, birth of a child, or significant changes in assets. Regular updates ensure your plan reflects your current wishes and circumstances.

Probate is the legal process through which a deceased person’s assets are distributed to heirs and beneficiaries. It involves validating the will, paying debts and taxes, and transferring property according to the will or state law.

Probate is generally required when a deceased person owns property in their name alone, has assets without a designated beneficiary, or leaves debts that need to be settled. Some assets, like jointly held property or assets with named beneficiaries, may avoid probate.

The duration of probate varies depending on the complexity of the estate, whether there are disputes, and court schedules. Simple estates may take a few months, while complex or contested estates can take over a year.

The personal representative (called an executor if named in a will) manages the probate process, including paying debts, filing taxes, and distributing assets according to the will or state law.

Some assets can bypass probate, such as:

• Property held in joint tenancy or as an estate by entirety
• Assets in a living trust
• Life insurance or retirement accounts with named beneficiaries
• Proper planning can minimize probate involvement and simplify the transfer of assets.

If someone dies without a will (intestate), Florida law determines how assets are distributed, typically to the closest relatives. The court appoints a personal representative to manage the estate.