What Is My Role As An Attorney When It Comes To Real Estate?
My role as an attorney when it comes to real estate depends on the circumstances. For example, in a non-probate context, someone may see my firm online and contact us to prepare a deed to transfer their property to a family member or add them as an owner. Another example is my helping someone who has moved from another state to update their trust and prepare a Florida approved deed to properly transfer their Florida property into the trust.
Real estate work connected to probate, for example, can be a situation where a family (or the personal representative) wants to sell the decedent’s property. I advise them as to the probate rules and help them with the contract for the real estate sale. If they get a realtor involved and they sign a listing agreement, I’ll review it and talk to the realtor. I also help people when they get a contract offer. I will review and examine the offer while making suggestions on how to proceed. When the closing date is approaching, I will contact the closing agent to let them know that I’m the attorney handling the probate, and arrange for my review of the closing documents.
What Are The Elements Of A Real Estate Deed?
The elements of a deed include the grantor and the grantee. In Florida, the person transferring the property is known as the grantor, and the person who is receiving the property in the deed is the grantee. A legal description of the property is also included in the deed. The grantor must sign the deed in the presence of witnesses and a notary public. Once the deed is completed, it is recorded in the public records of the county, and the public is on notice that the property was transferred to someone else.
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