CONTRACTS 101

Winter Park Home, Volume 5 / Issue 4, 2007

Except for transfers by gift or inheritance, a Real Estate Purchase and Sale Agreement, or Contract, is the primary tool used to acquire real property. The Contract defines the purchase price, deposit amount, costs, and all relevant terms by which the Seller agrees to transfer the property, and by which the Buyer agrees to be governed. Under Florida law, these Contracts must be in writing to be enforceable. This article highlights certain salient provisions of these Contracts.

Once the Seller and Buyer have agreed in principle to the sale, the terms must be reduced to a written document. First–the identity of the Seller must be confirmed. The individual selling the property is often not the record owner. Unless that person holds a power of attorney from the Seller, or is an authorized representative of the legal entity selling the property, a prospective purchaser should only deal with the record title holder. A review of the property appraiser’s records and the vesting deed into the Seller usually provides the necessary information. Failure to include the identity and signature of all record owners may make the contract unenforceable–costing the Buyer both time and expense.

If Mike Johnson and Mary Johnson own property as husband and wife and only Mike signs the contract, the agreement is non-binding since the property is owned as tenants by the entirety. If Mike and Mary are brother and sister, each owns one-half of the property, and only Mike signs the Contract, then the sale of Mary’s interest is not enforceable. Furthermore, if Mike, the sole owner of homestead property, is married to Mary, and only Mike signs the Contract, the agreement is unenforceable since the homestead laws require Mary’s joinder on the Contract and on the vesting deed. All those having an ownership interest in the property must sign the Contract. Although the Contract can be amended later to include additional owners, there is never a guarantee that these individuals will cooperate.

Probated estates also create Seller identification issues. If Michael Jones is the sole owner of homestead property and dies leaving a will, the personal representative may not have the authority to sign a Contract on behalf of the estate. As discussed in previous articles, an analysis of the decedent’s will and probate proceedings must then be undertaken to determine who has authority to sell the property.

In representing a prospective Buyer, the identity of each individual or entity purchasing the property should be confirmed. This becomes especially critical in the event that the Contract is not assignable. (Standard Contract forms include a provision whereby the Buyer will either be permitted or denied the right to assign the contract to another party.)

Each Contract must also include a description of the property to be purchased. Street addresses are helpful, but should not be relied upon as the sole method of identifying the property. The physical description found in the vesting deed into the Seller should be inserted into the Contract. When legal descriptions are abbreviated–typically for space considerations–mistakes often occur. Lot 1 of XYZ Subdivision is straightforward and easy to identify. Metes and bounds descriptions, however, can be very lengthy and difficult to reflect in the limited confines of a standard form contract, and are best reflected as an Exhibit. New legal descriptions, which add land or less out land from that shown in the most recent deed into the Seller, should always be provided by a surveyor. The new legal description can then be inserted into the Contract before it is signed. A complete legal description is therefore a critical element of the Contract. Imagine sitting at a closing table in which the Contract and the title commitment did not include an intended additional 20-foot strip. In reviewing the survey you discover that an extension of the house sits on 20 feet of land not shown on the Contract. That closing will (of course) come to a sudden stop.

Paramount in any sale is the purchase price. It is a business, not a legal, calculation, and each party should independently determine its accuracy. The parties can obtain an appraisal, examine the property appraiser’s records to determine sales history, or otherwise confirm the value of the property. In those situations where lender financing is included in the Contract, the lender typically requires the property appraisal. In a cash transaction, however, if the Buyer is unsure as to the value of the property, his attorney can add a provision that the appraised value of the property must be equal to, or greater than, the purchase price.

The parties then need to determine the amount of the deposit to be held in Escrow. The general standard of five to ten percent of the purchase price, like all contract terms, is negotiable. Occasionally a Seller indicates that a deposit is not necessary since it is a friendly transaction. The monetary deposit is the consideration necessary to make the contract legally binding. Not surprisingly, in many of these friendly situations the closing does not take place, and the parties vigorously dispute the ownership of the deposit money.

Real Estate Contracts are technical instruments which require specific attention to detail. Although Contracts are sometimes prepared by the Seller, typically they are prepared by the Buyer’s agent. Conceptually, the Buyer makes a written Offer to the Seller by delivering the signed Contract Offer to the Seller, while submitting the deposit to a neutral party (the Escrow Agent).

The Offer provides the last date on which the Seller can accept the Offer by signing and returning an executed copy of the Contract to the Buyer. If the Seller does not sign and deliver to the Buyer the signed Contract by the date shown in the Contract, the Offer is automatically withdrawn and considered void. If the Seller signs the Offer, but only after inserting additional terms by which the Seller is willing to be bound, the Buyer is not obligated to sign the Counteroffer. The Buyer will then have the time period shown in the Contract to determine whether the Buyer wishes to proceed under those revised terms. Critical to the concept of Offer and Acceptance is time – those periods shown in the Contract during which the other party can accept or reject the offer or counteroffer. These dates are legally binding, and the failure to respond within the stated time periods effectively withdraws the offer or counteroffer.

This discussion of basic contract strategy will continue in the next issue.

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Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

NICE HOME…HOW DO I GET TO IT?

Winter Park Home, Volume 5 / Issue 3, 2007

One key element of land ownership often taken for granted is the ability to access the property through the public road system. Imagine buying a house as an investment, and finding out later that it does not have legal access. Imagine owning a lot situated on a road with nine other lots and later discovering that the only road, which provides the only access to a county road, is privately owned by one individual who never granted legal permission to the lot owners to use that strip of land.

I have always recommended that the Buyer obtain a title insurance policy when purchasing real property in Florida. One key component of every title policy issued since June of 1986 is a representation in the policy jacket that there is legal access to the property. (Policies prior to June 1986 did not include this language, and current policies do not insure access when there is a specific stated exception in that policy for a lack of legal access).

What is meant by legal access? It’s the right to travel from your land to a public road, without anyone being able to prevent your movement to and from that road. This does not necessarily mean that the property is situated on a public road – merely that you have the right to get to that road. Buyers sometimes mistakenly assume that a private road abutting a lot automatically entitles the lot owner to use that road. To established legal access, the property owner must have a clearly defined legal right to use a private roadway, or an ingress-egress easement, to connect to a public road.

For example, Jerry Jones owns a parcel of land that abuts Center Street (a public road) along the south edge of the parcel. That road is the only legal access to the property. Jerry then sells the northern half of the parcel to Michael Johnson, but he does not provide language in the warranty deed that permits Johnson to cross over the southern half of the parcel to access Center Street. Johnson didn’t obtain a title insurance policy when he purchased the property. Had he done so, e the policy would have addressed the access issue prior to settlement. Now, his property is landlocked and he must seek legal assistance. I advise him that Mr. Jones clearly should have granted him an easement across a portion of the southerly half to provide access to Center Street.

Fortunately, Florida law provides a way to obtain that access. Known as a common law way of necessity, the law enables Johnson to file suit against Jones to judicially establish the location and dimensions of the necessary easement. Unfortunately, it’s a process that will cost Johnson additional time and money. Before resorting to that option, we asked Jones to grant an easement across his property to permit access. Realizing that he had an obligation to provide the access, Jones allowed me to prepare an appropriate Grant of Easement for his signature. The easement provided Johnson with the right to use a 25 ft wide strip of land along the western side of Jones’ property to access the road. The easement was then recorded, placing the world on notice as to its provisions, and the problem was resolved.

Public roads, as defined by the Florida statutes, are those “roads which are open and available for use by the public and dedicated to the public use, according to law or by prescription.” They consist of the state highway system, the state park road system, the county road system, and the city street system. Much of the state highway system, although physically bordering privately owned property, may not be accessed directly by the abutting property owner. For example, land owners bordering Interstate 4 or the Greenway may be prohibited by law from directly accessing those roads except for state-mandated locations. These limited or controlled access roads do not provide the quality of practical access necessary to utilize these public highways, and other sources of access must be determined.

In Central Florida the most common form of legal access is created through platted subdivisions. Most plats now include dedication language clearly stipulating that the roadways situated within the subdivision are for public use. Since 1971, Florida Statute Sec. 177.081 (2) provides that “all streets, alleys, easements, rights-of-way, and public areas shown on such plat, unless otherwise stated” are deemed to have been dedicated to the public for those uses and purposes once the plat has been formally accepted or approved by the governing body and properly recorded. These subdivision roads then typically connect to other public roads.

Some plats, however, provide that the streets in the subdivision are private and are to be owned by the homeowners association. This concept of private ownership is readily apparent in gated communities, where the rights of access are limited by the governing board of the homeowners association. The homeowners association must then maintain the platted roads, without assistance from the city or county, and pay any tax bills associated with that private ownership.

Land surveys should always depict the location of the nearest public roadway. It is incumbent on the title company and the closing agent to review the public record to determine that there is, indeed, legal access. They also need to review the survey to ascertain the location of that legal access, and ensure that nothing is blocking normal use of that access.

The definition of legal access doesn’t address the quality of access-only that the right exists. For instance, if property is acquired with a 25-foot wide ingress-egress easement but the easement is littered with trees and boulders, there will still be legal, if not practical, access. A prospective property owner should always consult with a real estate attorney before the closing to resolve any question concerning the validity of the legal access. It is always easier, less expensive, and faster to address all issues before, rather than after, the closing has taken place.

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Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

WMFE Sponsor Profile

How long have you been a sponsor with WMFE?
We started as a sponsor with WMFE back in the early 1990s in order to let the public know that we had a new idea: a business boutique law firm.

Why did you initially decide to sponsor on-air programming with WMFE? How do you feel about that decision?
WMFE attracts the same listeners that our law firm attracts as clients. We are looking for that client with specialized legal needs and are looking to build our future with local businesses that recognize us as a part of their community.

In what ways do you feel WMFE sponsorship is a good way to reach your target audiences in the Central Florida area?
In the early 1990s, when forming the foundations of a new law firm, there were many decisions that needed to be made. One of them was “As a new and small law firm, how do we attract the quality clients that our firm was equipped to handle?” We knew that we wanted to create a novel approach…a boutique law practice. One of our first hurdles was to discover how we could target small to midsize businesses that are dealing with complex legal problems and want more personalized service than large law firms offer. As a small commercial firm offering sophisticated legal services, we feel that WMFE’s business philosophies promote a sense of community that encompasses the types of member that we embrace as clients.

How do you feel sponsorship with WMFE has added value to your business?
The benefits that we derive from WMFE sponsorship are recognition of being part of that very special community or “family” of professionals, a family that extends beyond our co-workers to our clients and the community in which we practice.

What would you tell other businesses thinking about using WMFE as a marketing vehicle?
Very often, people who we have met for the first time can quote our WMFE spot: “Pohl & Short, P.A., the business boutique law firm.”

When that happens, you can’t say that sponsorship of WMFE public broadcasting is ineffective or that people aren’t paying attention. Is there anything else you would like to add?
When meeting other members of the Central Florida community, the staff of our firm love hearing, “Thank you for supporting WMFE.”

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THE UNEXPECTED HEIR

Winter Park Home, Volume 5 / Issue 2, 2007

I met recently with a client for whom our law firm had previously prepared a will. Jeremy, who owns a home and two investment properties, told me he had remarried, and asked that we revise his will to provide for his new wife, Emily. Fortunately he had remembered our firm’s earlier advice that certain events, including remarriage, can impact the provisions of an existing will. He and I discussed what he hoped to achieve in revising his will. Our firm then prepared a codicil (amendment) to his will, adding the new provisions. He signed the codicil in front of the requisite witnesses and notary public.

Jeremy is now confident that he has made all the appropriate provisions for his new family, and will contact me again if certain events should occur in his life, or if he otherwise wishes to change any of the dispositions in his will.

A will, with certain limitations, can be amended whenever the intentions of the Testator change. (The Testator or Testatrix is the person making/signing the will.) Amendments can be in the form of a new will (automatically revoking any prior existing will) or by codicil to a will. Once finalized, certain events – such as birth of a child, adoption of a child, divorce, and subsequent marriage – can trigger changes to the dispositions made in that will. Under Florida law, these triggering events do not by definition revoke the existing will. Instead, they impact the manner in which certain or all of the assets of the Testator’s estate are distributed.

If Jeremy had not amended his existing will, and Emily outlived Jeremy, then Emily would be entitled to inherit Jeremy’s property under the provisions of the Florida intestacy statutes (i.e. as if Jeremy had no will), potentially defeating Jeremy’s intentions at the time of his death. For example, Jeremy had previously devised one of his investment properties to his church. If he had not amended his will after he remarried, the church most likely would be unable to enforce that bequest.

As I explain in my earlier column, (“Should Will Be Done–Issue 1, 2007”) Emily would inherit Jeremy’s entire estate if there are no lineal descendants, or a substantial portion of his estate if there are lineal descendants. Jeremy wisely opted to define his goals by amending his will, rather than relying on the provisions of the Florida intestacy statutes. (Under Florida law, these intestacy provisions might not apply if Jeremy had already provided for Emily in his will, or if his will had clearly disclosed an intention not to make provision for Emily.) These statutes are technical and subject to interpretation. You should always consult with a qualified estate attorney to determine that these issues have been properly addressed. Planning, as always, is critical.

A similar result may occur in the event of a subsequent birth or adoption of a child, by which the after-born or adopted child would be entitled to inherit his/her proportionate share under the intestacy statutes. Although the statutes provide a different formula for a child born or adopted after the creation of the will (pretermitted) than for the subsequent spouse, the failure of the Testator to provide for either may have an unintended impact. However, including certain language in a will may preclude imposing the provisions of the pretermitted child statute. For example, if a Testator’s will states that the omission was intentional, these provisions do not apply. Also, if the Testator had one or more children at the time the will was executed, and devised substantially all of the assets to the other parent of those children, and that other parent not only survived the Testator but is also entitled to take under the will, then these pretermitted child provisions don’t apply. Once again, proper planning and draftsmanship are essential.

Dissolution of marriage is a triggering event that not only can impact the current ownership of real property, but can also impact certain provisions of a will. Whenever property is owned by two individuals as husband and wife–tenants by the entirety, and they subsequently divorce, the form of tenancy automatically shifts from tenancy by the entireties, with its survivorship features, to tenants in common. As tenants in common, they usually will each own a one-half interest outright, with no survivorship rights.

Divorce may void any provisions made in a will for the other (ex-) spouse, unless the will or the divorce decree expressly provides otherwise. Jeremy, for example, was first married to Marilyn. They never had any children, and prior to his divorce Jeremy drafted a will leaving everything to Marilyn. Jeremy’s will never provided for the possibility of divorce, and the divorce decree never addressed ownership of any of Jeremy’s real property or the provisions of Jeremy’s or Marilyn’s wills. Once the divorce decree was entered, Marilyn was effectively eliminated as a beneficiary under Jeremy’s will. Jeremy then had his attorney prepare a new will, devising his assets to his local church and to other beneficiaries.

Two additional events impact and alter provisions of a will. The first relates to the intentional killing of the Testator. Popularly referred to as the Slayer statute, this provides that any person who unlawfully or intentionally kills or participates in procuring the death of an individual cannot be an heir of that individual – whether as a beneficiary under the deceased’s will or under the Florida intestacy statutes. The second event is the simultaneous death of both the Testator and the beneficiary under a will. It is also governed by Florida law, which provides that “unless a contrary intention appears in the governing instrument,” the property shall be distributed under the prescribed statutory formula. These issues can and should be addressed by competent legal counsel to assure that an individual’s wishes concerning his/her real and personal property, at death, are followed, and are not frustrated by these “unexpected” heirs.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

The Importance of Due Diligence

Park Avenue Business Forum, 1st Edition, 2007

When making a large purchase, such as a home or a car, it is important to find out as much as you can about the item you are purchasing. The same is true when purchasing a business, notably when the purchase will be structured as a stock acquisition. Unlike an asset acquisition, where a purchaser may choose which business liabilities, if any, he is willing to assume, a purchaser in a stock acquisition generally inherits all of the liabilities of the purchased business. Therefore, completing a thorough legal “due diligence” review to uncover such liabilities is an essential part of the acquisition process.

Legal “due diligence” is the process by which the business’ records (as well as public filings pertaining to the business, such as trademark registrations or lien filings) are systematically examined by the potential purchaser or the purchaser’s legal representatives. Documents examined may include the business’ promissory notes and other loan documents, leases, organizational documents (e.g., articles of incorporation, bylaws, and shareholders agreements if the business is a corporation), or documents pertaining to previous or pending litigation or regulatory enforcement proceedings.

The records examined and the scope of review will vary depending on the type of business that will be acquired. For example, if the business is engaged in manufacturing, emphasis may be placed on examining the business’ warranty obligations and previous or pending product liability claims. If the business provides services, particular attention should be given to the business’ employee and independent contractor agreements. Also, if a business needs a particular license to operate, the due diligence review would uncover whether such license is in good standing or if any adverse action has been taken against the license holder.

Another important function of the due diligence review is to uncover whether the sale and purchase of the business itself will constitute a default under an existing contract. For example, sale of a business may trigger the default provisions of a loan, which could allow the lender to accelerate all payments due under the loan or repossess property that collateralizes the loan. If the repossessed property is a key piece of equipment needed for the operation of the business, the purchaser may find himself in a precarious position.

A thorough legal due diligence review of a prospective business protects the would-be purchaser by affording him or (her) the opportunity to assess the business’ liabilities before closing the sale, instead of having to confront the liabilities after closing. Armed with such information, the purchaser may be able to negotiate a more favorable purchase price or sale terms or could simply “walk away” from the deal.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.

SHOULD WILL BE DONE?

Winter Park Home, Volume 5 / Issue 1, 2007

Jennie is a single parent with a 17-year old daughter, and a homeowner with limited additional assets. She also asks the classic question: "do I really need a will?" The answer, under the circumstances, is an unequivocal "it depends."

In many ways, wills are difficult and frustrating. There are many hard decisions to be made in distributing an estate, and people generally prefer to put off those decisions because they inherently address the finite nature of our existence.

Interestingly, a will cannot transfer Jennie's primary asset, her home, as long as her daughter is under the age of 18. The Florida Constitution provides that homestead property cannot be transferred by a will (devised) if the deceased has any minor children. As a result, her homestead property would be transferred under the intestacy statutes. Once her child turns 18 Jennie can devise her homestead to anyone she chooses. I advise Jennie that non-homestead real property and personal property can be devised at any time to anyone she chooses, but without a will all of her property will pass under the Florida intestacy statutes.

Under the intestacy statutes (an intestate estate is one in which the deceased is treated as having died without a will), her daughter will inherit all of Jennie's estate. If Jennie never prepares a will, never remarries, and never has another child, her entire estate will automatically pass to her daughter. Jennie's estate, of course, will have to be probated to legally establish this ownership of the real property.

Should Jennie have a will? If Jennie doesn't care what happens to her estate if her daughter dies first, the answer is no. However, if Jennie considers further scenarios, a will would be necessary.

When preparing a will, an attorney can help the client think of those alternative scenarios. For example, what if Jennie and her daughter died together in a car accident, and a probate court determined that her daughter died first? If Jennie had a will it would be effective to devise her home and remaining assets to anyone she designated.

Alternatively, with no will, all her property would be inherited by those designated under the intestacy statutes. In the absence of a will, the State of Florida intestacy statutes provide that the deceased's property will pass automatically to certain heirs of the deceased, in the specific order presented under the statutes (see note 1 at the end of this column). That may be an acceptable solution under many circumstances, but what if Jennie was estranged from her and wouldn’t want them to inherit her property? Without a will and with her daughter preceding her in death, Jennie’s parents would inherit everything.

In addition to prohibiting the devising of the homestead as long as her child is a minor, the Florida Constitution also includes one other limitation on devises of homestead. If Jennie remarries and her child turns 18, the only person she can leave the homestead property to is her spouse.

The intestacy statutes define the order by which heirs claim an interest in an estate when there is no surviving spouse. These same statutes also include provisions for a surviving spouse. If the homestead has not been validly devised to her spouse, he automatically receives a life estate in the homestead, while Jennie's daughter receives the remainder interest. Additionally, her spouse would be entitled to receive a substantial share of Jennie’s remaining estate, and her daughter would receive the balance (See note 2 at the end of this column).

Back to Jennie's initial question, "do I really need a will?" I told her that it depends on her goals. If she remains single, has no more children, and wants all her property to go to her daughter, then I can advise Jennie that, once probated, the homestead and all her remaining possessions, will ultimately go to her daughter even if there is no will.

I also ask Jennie if this is her only goal, and suggested that a will would enable her to state her preference for legal guardianship (both of the person and of the property) of her daughter, who is still a minor. A will would also allow her to designate alternate beneficiaries in the event that her daughter dies first.

Finally, I advise Jennie that the decision to create a will is hers alone. She should recognize that a will is the only tool she has to control how her assets will be distributed after her death and to nominate a guardian for her daughter.

Subject to the homestead limitations described above, wills provide an excellent opportunity to plan for your loved ones’ welfare, make charitable contributions, create trusts for your grandchildren, and designate preferences for a legal guardian. Failing to provide by a will is a lost opportunity, so it is highly recommended that you consult with your attorney and plan accordingly. Competent legal counsel can also provide advice concerning the impact of a subsequent marriage, children born after the execution of the will, prenuptial and postnuptial agreements, and generally assist in any estate plan.

Note 1: ORDER IF NO SURVIVING SPOUSE: Lineal descendants; deceased's father and mother; deceased's brothers and sisters; deceased's paternal and maternal kindred; kindred of the last spouse of the decedent; if applicable, a formula for related Holocaust victims; and finally, the State of Florida.

Note 2: SURVIVING SPOUSE RECEIVES: the entire estate (if no lineal descendants of the deceased); first $60,000.00 plus one-half the balance of the estate (if lineal descendants of the deceased are also the descendants of the surviving spouse); one-half of the estate (if any one or more of deceased's lineal descendants are not descendants of the surviving spouse).)

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.