Pankow Law
While the law of the land is that same sex marriage couples have the right to marry as ruled by the US Supreme Court, it has taken some time for rulings to be made regarding implementation of this ground-breaking change of the laws.
As it applies to real estate, there is confusion as to how a same sex married couple take title to real property. Historically, married couples take title as “tenants by the entirety” which affords a great amount of protection to the couple with regard to the property. For instance, when a married couple owns property this way, there is a right of survivorship and the property is protected against the creditors of one of them.
If you are a same sex married couple and are about to purchase real estate and you are going to own the property in your individual names, you are entitled to and want to own the property as tenants by the entireties.
That is accomplished by the way your names appear on the deed. Tenancy by the entirety is created when you take title in your names followed by any indication of marriage, such as “husband and wife”, “a married couple” “husband and husband”, “wife and wife” or any other wording that indicates that you are a married couple.
If you already own property and your deed does not contain wording indicating marriage, you can still create tenancy by the entireties through a new deed. Contact an attorney to inquire about having a new deed prepared and recorded.
In addition, you should also check your estate planning documents, specifically your Last Will and Testament, to make sure they properly reflect your marital status.
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CONGRATULATIONS! THE SEARCH IS OVER AND YOU FINALLY FOUND THE PERFECT HOME FOR YOUR FAMILY. BECAUSE THE PURCHASE OF YOUR HOME IS THE SINGLE BIGGEST INVESTMENT YOU EVER MAKE WE WOULD LIKE TO PROVIDE YOU WITH SOME HELPFUL INFORMATION BEFORE YOUR CLOSING.
YOU MAY BE WONDERING: DO I NEED TITLE INSURANCE?
- The answer is definitely YES. Title insurance in your property means you are protecting yourself from actual financial loss in the event that problems develop regarding rights of ownership to your property.
- There may be hidden title defects that even the most careful title search will not reveal.
- Title insurance pays the cost of defending you against any covered claim.
These are only a few reasons why hiring a reliable title company under the supervision and direction of a real estate attorney to handle your closing is a MUST.
PLEASE CONTACT OUR OFFICE FOR A FREE CONSULTATION OR CALL (239) 334-4774
BECAUSE WE UNDERSTAND THE DIFFICULTIES INVOLVED HANDLING THE AFFAIRS OF OUR LOVED ONES AFTER THEY PASSED AWAY, HERE ARE SOME IMPORTANT FACTS AND USEFUL INFORMATION YOU NEED TO KNOW:
- Probate is a court supervised legal process through which the assets of the decedent are identified, gathered and distributed to the beneficiaries as determined by the dispositions in the decedent’s last will and testament; or, pursuant intestacy law of the Florida Probate Statutes.
- Any assets of the decedent that have no direct beneficiary designation must be administered through Probate Proceedings.
- The documents you will need to open a Probate case are the decedent’s death certificate short form without cause of death and the original last will and testament if in existence.
- The family members/surviving spouse or children, are not responsible for the decedent’s individual debts.
- The decedent’s homestead property is exempt from creditor’s claims.
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- The attorney will need a certified death certificate, the original will, (copy if original can’t be found), names and address of the surviving spouse and children of the deceased, if any, to start with.
- Do not pay any of the bills of the deceased without talking to the attorney.
- Property in the deceased name will most likely need to go through probate. If you are not sure, the attorney will be able to determine how the property will need to be handled.
- The deceased property, even without a last will and testament will go the heirs, which if unknown will be found. The property only goes to the State if no heirs are found unless otherwise directed by the deceased will.
- Although the task of being a personal representative may seem daunting, a probate attorney can make the process smooth and relatively worry free.
PLEASE CONTACT OUR OFFICE FOR A FREE CONSULTATION OR CALL (239) 334-4774