Orsatti & Associates, P.A.Real Estate, Estate Planning, Family And Business Law Representation2026-07-18T22:02:52Zhttps://www.orsattilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503249/2021/09/cropped-favicon-N-1-32x32.pngOn Behalf of Orsatti & Associates, P.A.<![CDATA[3 examples of real estate title defects]]>https://www.orsattilaw.com/?p=471622026-07-18T22:02:52Z2026-07-18T22:02:52ZReal estate title defects can significantly complicate a transaction. It is often important to address these issues upfront and explore potential resolutions.
In some cases, a title defect will be so significant that the property transfer cannot be completed until it has been rectified. To help you understand how this works, here are three examples of title defects to keep in mind.
1. Inconsistencies between documents
Transferring property involves the use of many different documents, such as a certificate of title and a deed. Ideally, the wording and signatures should be consistent between these documents. If there are significant discrepancies, they can complicate the process of buying or selling that property.
2. Financial issues
In other cases, there can be financial problems that make it difficult to sell the property. Maybe there is an outstanding mortgage and the property owner has fallen behind. Perhaps there is a mechanic's lien on the property, so it cannot legally be sold until the lien has been addressed. Any financial hold on the property has to be addressed before a sale -- or it becomes the responsibility of the new owner.
3. Joint ownership
Finally, there are sometimes title issues when multiple people claim ownership of the same property. Say that two siblings inherited a home from their parents when their parents passed away. If one sibling is trying to sell the property, but the other wants to keep it, it may be impossible for one owner to sell that real estate on their own. Because there are joint owners, everyone has to agree to the transaction, or a court order has to be issued.If you have run into any of these title issues, be sure you know what legal options you have to help the process go smoothly.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[What happens if the courts rule that a will is invalid?]]>https://www.orsattilaw.com/?p=471602026-06-30T00:53:35Z2026-06-30T00:53:35ZThere are two common solutions available
If the testator made changes to a will later in life that the courts set aside due to credible claims of undue influence or a lack of testamentary capacity, then the courts may defer to a prior version of the document during estate administration. The earlier wills can influence what the courts deem appropriate when allocating the decedent's property.
If there are no earlier versions of the will or if those documents appear to include the same questionable terms, possibly due to illegal provisions in an estate plan, then the courts may treat the estate as though the testator died without a will. Intestate succession laws outline how the court should distribute property. The focus is on the protection of immediate family members.
Reviewing the history of an estate plan with a probate lawyer can help concerned parties better predict how the courts may respond if a will contest is successful. Those who contest wills need evidence of problematic circumstances and must understand the potential consequences of their decision to take legal action before moving forward with any kind of well-founded confidence.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Does a new owner have to honor an easement?]]>https://www.orsattilaw.com/?p=471582026-06-19T19:11:10Z2026-06-19T19:11:10ZA new property owner may have to honor an easement that already existed on that property when they purchased it. It usually depends on how the easement was set up initially.
In some cases, a property will have an easement in gross. This is a personal agreement between two property owners, and it may not have to be transferred if the property is sold. The new owner can decide if they want to continue the easement or not, and they can negotiate with the other property owner.On the other hand, an easement appurtenant is part of the property and can be transferred when it is sold. It is said to "run with the land." The new property owner has an obligation to uphold it, even though they are not the one who originally instituted it.
Easements and property values
For this reason, easements can sometimes have an impact on property values.Say that a property has an easement appurtenant, meaning it runs with the land and it will have to be upheld by a new property owner. This could limit some of the prospective buyer pool. Because there are fewer people who are interested in purchasing the property, this may serve to drive the property value down.Every situation is unique, however, and many properties have easements that people do not even think about. For instance, easements are often used by utility companies so that they can service a property.For any issues regarding easements and real estate, it can be helpful to work with an experienced attorney, especially if a dispute arises.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[How long must executors wait for creditor claims during probate?]]>https://www.orsattilaw.com/?p=471572026-06-04T10:12:41Z2026-06-04T10:12:41ZThe type of notice determines the timeline
There are two ways that personal representatives communicate with creditors about estate administration. Personal representatives typically send direct notice in writing to known creditors. Creditors that receive written notice directly have 30 days to file financial claims against estates.
If the creditors are not easily identifiable through financial documentation or correspondence, the personal representative may not notify them directly but rather through the publication of notice. In cases involving unknown creditors learning about the situation through published notice, they may have up to three months to file claims against the estate.
Personal representatives often need to wait before making final distributions to ensure that they have enough resources to pay all valid creditor claims. Otherwise, they could be liable for any improper distributions they make.
Working with a probate and estate administration attorney can help personal representatives ensure they follow the right procedures. Understanding the timeline for submitting payment claims can help those administering in a state or waiting to receive property from an estate estimate a reasonable timeline for the process ahead.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Protecting benefits with a special needs trust]]>https://www.orsattilaw.com/?p=471562026-05-23T07:59:07Z2026-05-23T07:59:07ZWhile making an estate plan, you may be trying to figure out the best way to leave an inheritance to a beneficiary who is chronically ill, has a disability or has some form of special needs. You want to ensure that your money can actually help them in the long term and that there will not be any unintended consequences.
Often, the best way to do this is to set up a special needs trust. You place the assets into the trust so that the beneficiary does not personally own them. But you can still choose a trustee who can use that money to cover necessary costs and help support the individual’s life, potentially for years to come.
Receiving government benefits
One thing to consider is that the individual may receive significant government benefits to help cover costs like housing or medical care.Often, these benefits are only approved after the government looks at a person’s income and assets. They have to pass a means test in order to qualify.This is why a direct inheritance can sometimes be problematic. If you left the money to them personally, it could increase their assets so that they no longer qualify for benefits, and they may have to spend those assets down before becoming eligible again. But by instead putting the assets into a special needs trust, the beneficiary may retain their government benefits, while still having access to their inheritance when needed.
Planning in advance
This helps demonstrate why a comprehensive estate plan is about much more than just writing a will. Planning in advance can help address complications and ensure that things go smoothly for your family.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[What is a contingency clause?]]>https://www.orsattilaw.com/?p=471552026-05-12T15:56:33Z2026-05-12T15:56:33ZReal estate contracts often include contingency clauses, which are stipulations that must be met in order for the contract to remain binding between the two parties. Often, these are used as a way to protect a buyer when they make an offer on a property.
For instance, a buyer may have gotten preapproval from their lender, indicating that they will likely be approved for the loan necessary to buy that property. But they have not yet received final approval, which can take weeks and may only happen after certain inspections have been carried out. The buyer may include a contingency clause saying that their offer is only binding and they are only obligated to move forward with the purchase if they are given the final approval for that loan.After all, most buyers are fairly confident that they will be given approval, but unexpected complications could arise. If they do not get the loan, then they do not have to purchase the property.
Home inspections
Speaking of having inspections carried out, that is another common contingency clause. A buyer may feel confident making an offer on a property because they have seen it themselves, but they still want to hire a professional home inspector. If there are serious issues with the property, then they often have the option to walk away from the offer or request that updates and repairs be made.Contingency clauses are just one detail to be aware of when navigating a real estate transaction, as they can significantly impact the outcome. It can help to work with an experienced attorney when the contracts become complicated.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[Can you delay when someone gets their inheritance?]]>https://www.orsattilaw.com/?p=471542026-04-27T19:32:07Z2026-04-27T19:32:07ZSetting up age-based distributions
When you add assets to a trust, the trust owns them. You name the beneficiary of the trust who will receive the assets and a trustee who is responsible for administering the trust.
You can provide instructions on when to make those distributions. For example, you could say that the beneficiary is to receive 10% of the money at age 21, another 40% at age 25, and the final 50% at age 30. This is just one example, of course, as you can choose the percentages and ages that you think will work best for the beneficiary.
These age-based distributions mean that they get the money at a time in their life when they should have more financial knowledge and experience managing money. You may believe they will then be more likely to use the money for beneficial purchases, like buying a family home, starting a business, paying childcare expenses and the like.
Taking control with your estate plan
As you can see, there are ways you can use your estate plan to have more control over how assets are passed down. You just need to know exactly what legal options you have while creating your plan. Having experienced estate planning guidance can help you make and implement the best choices for your loved ones.]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[What should you know if you inherit a home?]]>https://www.orsattilaw.com/?p=471532026-04-09T09:53:46Z2026-04-09T09:53:46ZInheriting a home sometimes occurs when a person loses a loved one. If you’re dealing with this, there are some challenges that you may face. One of these has to do with being able to access the mortgage information on the home.
Some people assume that access to the mortgage will be limited unless they’re listed on the account, but that’s not the case. Federal law gives certain successors the right to receive specific information. This is important because you need to know information, such as the loan balance, payment status, escrow details, and if the mortgage is current. You can make decisions about how to handle the inheritance once you have that information.
Being deemed the successor
A servicer may require documents that show you inherited or have an ownership interest in the property. This may be done through probate records, deeds, paperwork tied to the transfer, or the death certificate. The servicer may ask for more than one of these in order to confirm the status. Until that happens, receiving information about the loan may be difficult. After you’re deemed the successor, you can get answers to questions about the status of the loan. This lets you know if you need to catch up with the loan payments or if it’s current, as well as how much you’ll have to pay to get and keep the loan current. You should find out if the taxes and insurance are paid through escrow or if you need to take care of those. This can often be a complex undertaking when you’re going through a major emotional trauma like the loss of a loved one. Working with someone familiar with these matters may be beneficial.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[When does an adult lose their testamentary capacity?]]>https://www.orsattilaw.com/?p=471522026-03-20T15:12:25Z2026-03-20T15:12:25ZTestamentary capacity is the cognitive and legal ability to enter into binding agreements and draft wills. It requires an understanding of the documents and their implications for the future.
Most people acquire testamentary capacity when they become legal adults on their 18th birthdays. They retain that capacity indefinitely in most cases. However, medical challenges can leave people struggling to manage their own affairs and potentially incapable of entering into binding agreements on their own behalf.Sometimes, families shocked and disappointed by the terms included in a will can contest the document by claiming that its author lacked the legal capacity necessary to draft a valid document. When do people lose their capacity?
The burden of proof is on the plaintiff
There is no specific age when people lose the capacity to draft or update wills. During a will contest, the party asserting that the testator lacked capacity must prove that assertion to the courts. Doing so requires medical evidence, testimony from others and possibly financial documentation.To show that the testator lackedtestamentary capacity, plaintiffs must prove that they couldn't truly understand their circumstances. An inability to name their beneficiaries or catalog their assets could be indicative of a lack of capacity.Expressing an inability to understand the impact the documents might have could also help establish that they lacked capacity. Evidence of the testator having debilitating conditions such as various forms of dementia, severe mental illness and even brain injuries can help support claims that they lacked the capacity to create binding documents at the time when they drafted their will.Reviewing personal concerns and the timing of a will's creation can help family members determine ifa will contest is possible. Going to court to show a lack of capacity can lead to the court setting aside questionable testamentary instruments.
]]>On Behalf of Orsatti & Associates, P.A.<![CDATA[When does a Florida estate owe estate taxes?]]>https://www.orsattilaw.com/?p=471502026-03-13T11:20:05Z2026-03-13T11:20:05Zfile income tax returns on behalf of the decedent and the estate itself. If they fail to file the necessary tax returns and use estate resources to cover tax obligations, they could face direct liability for the unpaid amount due.
Income taxes owed by the decedent and the estate may both become the responsibility of the personal representative. Occasionally, they may also need to address estate taxes. Estate taxes can potentially amount to thousands or millions of dollars in taxes due.
When do personal representatives need to retain resources to cover estate taxes?
Only multi-million-dollar estates pay estate taxes
Florida has not collected an estate tax in decades. There are no state-level taxes due based on the value of estate property. However, there may be federal estate taxes to address.
Every year, the federal government has a different exemption threshold that applies for estate tax purposes. In 2026, individual estates with a total value of $15 million or more might be subject to federal estate taxes.
The tax rate that applies can be anywhere from 18% to 40% of the total estate’s value, depending on how much the estate’s value exceeds the exemption threshold. Personal representatives could face significant legal and financial complications if they fail to retain adequate capital to address estate tax obligations.
Estate taxes are often a key consideration when an estate contains businesses, major investments or multiple pieces of real property. Working with an attorney throughout estate administration can help personal representatives limit their exposure and fulfill their obligations.]]>