Frequently asked questions
Short answers to questions clients often ask. Every situation is different, so contact the firm about yours.
Working with the firm
How are fees set?
We discuss fees at the first consultation. Before any work begins, you receive an engagement letter that describes the work and the fee in writing.
Do I need to come to the office?
No. Many clients meet by phone or video and sign documents with a mobile notary. Documents with special signing rules, such as wills and powers of attorney, are signed with the firm supervising so they meet Florida’s requirements.
Does contacting the firm make me a client?
No. An attorney-client relationship begins only when the firm agrees in writing to represent you. Until then, please do not send confidential information.
Real estate
Do I need an attorney to buy or sell property in Florida?
Florida does not require one. An attorney is most useful before you sign the contract, when deadlines, contingencies and repair terms can still be negotiated, and when title problems come up before closing.
Can the firm handle my closing?
Yes. Closings and title insurance are handled through the firm’s affiliated agency, Elevation Title & Escrow Services. You are free to use any title agency you choose.
Should my rental property be owned by an LLC?
Often, but not always. An LLC can separate the property’s liabilities from your personal assets, but it affects financing, insurance, homestead and how title must be transferred. We look at your specific property and goals before recommending a structure.
Corporate & business
Does a single-member LLC need an operating agreement?
Florida does not require a written one, but banks and title companies frequently ask for it, and it shows the company is run as a separate entity. It is also where you state who controls the company if you die or become incapacitated.
I’m buying a business. Should I buy the assets or the company?
It depends on liabilities, contracts, licenses, leases and taxes. In an asset purchase you generally choose what you take on; in a stock or membership interest purchase you take the company as it is. We review the options with you and your CPA early in the deal.
Estate planning
What is the difference between a will and a revocable trust?
A will directs where your property goes but usually must pass through probate. Property held in a funded revocable trust passes without probate and can be managed by your successor trustee if you become incapacitated.
Is my will from another state valid in Florida?
Generally yes, if it was valid where it was signed. Powers of attorney, health care documents and homestead planning are more state specific, so they should be reviewed after a move to Florida.
How often should I update my plan?
Review it every few years, and after any marriage, divorce, birth, death in the family, move to a new state, or major purchase or sale.
Talk through your matter
Tell us briefly what you need. We will reply within one business day to set a time to talk.