Legal Articles from ASR Law Firm

Discover clear, informative legal resources covering estate planning, probate, real estate, and business law in Florida. Written by the lead attorney and team at ASR Law Firm to help you protect what matters most.

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At ASR Law Firm, our blog is designed to empower Florida residents, families, and business owners with helpful insights and legal education. Whether you’re planning your estate, navigating probate, buying property, or forming an LLC, we’re here to demystify the legal process with clear, actionable content, straight from our experienced legal team.

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Florida Estate Planning for Real Estate Investors: How to Avoid Probate and Protect Rental Properties

Key Takeaways on Florida Estate Planning for Real Estate Investors Limited liability companies (LLCs) alone do not replace estate planning.While LLCs provide liability protection, operating agreements must be aligned with personal trusts, and/or incapacity documents...

Signed But Not Valid: Why Proper Document Execution Matters in Florida

Key Takeaways on Why Proper Document Execution Matters in Florida A signed document is not automatically valid in Florida. Many documents, such as Wills, deeds, powers of attorney, and certain business documents, require specific witness and notarization formalities...

10 Assets Florida Families Forget Will Still Go Through the Probate Process in Florida

Key Takeaways on 10 Assets Families Forget Go Through the Probate Process in Florida Many common assets do not avoid probate automatically in Florida - cars, bank accounts, business interests, and even digital property. Outdated or missing beneficiary designations are...

How to Fund a Revocable Living Trust in Florida

Key Takeaways on How to Fund a Revocable Living Trust Having a revocable living trust in Florida is key to a comprehensive estate plan, but without “funding” the trust it is not effective for its main purposes. A Florida revocable living trust assists with probate...

Joint Revocable Trust for Married Couples in Florida: Exploring Benefits & Disadvantages

Key Takeaways on Joint Revocable Trust for Married Couples Joint revocable trusts are helpful estate planning tools in Florida that help married couples who share assets and have common estate planning objectives; they provide for simplicity and unity. While joint...

Understanding Real Estate Deed Restrictions in Florida

Key Takeaways on Deed Restrictions in Florida Deed restrictions are legally binding rules that limit how property can be used. They may be found in the deed to the property, public records, or HOA/COA governing documents. Common restrictions in Florida include limits...

What Is a Registered Agent in Florida — and Why Every Business Needs One

Before You Choose a Registered Agent, Know This: You’re legally required to have a Registered Agent to operate an LLC or Corporation in Florida Acting as your own registered agent could put your business at risk A professional registered agent adds legal protection...

Due on Sale Clause Explained: Protect Your Property from Unexpected Risks

Key Takeaways on the Due on Sale Clause Most residential mortgages contain a Due on Sale clause that can be triggered if you transfer ownership of your home without lender approval – even to a family member! Federal law provides exceptions for certain family...

Piercing the Corporate Veil in Florida and How an Operating Agreement May Help

Key Takeaways on Piercing the Corporate Veil in Florida Florida courts usually pierce the veil for fraud or misconduct – not for simple negligence. Written agreements and good record-keeping provide great protection against piercing the veil. Florida doesn’t require...

What to do after forming an LLC in Florida

Key Takeaways on What to do After Forming an LLC: Forming an LLC is just step one — Ongoing compliance is critical. Always draft an Operating Agreement — Even for single-member LLCs. Keep business and personal finances separate — Or risk losing liability protection....

Types of Deeds in Florida

Key Takeaways for the Types of Deeds in Florida: Not all deeds offer the same protection. General warranty deeds offer the strongest legal safeguards, while quit claim deeds offer virtually none. Special warranty deeds limit liability to the seller’s ownership period...

Severing Joint Tenancy with Right of Survivorship in Florida

Key Takeaways on Severing Joint Tenancy: Avoids Probate: JTWRS lets surviving owners inherit without probate. Selling Breaks the Chain: Selling a share ends survivorship rights. Severance Creates Risk: New owners can cause legal and financial issues. Wording Is...

Divorce and Estate Planning in Florida

Key Takeaways on Divorce& Estate Planning in Florida: Revise your Will and Trust during divorce, not after Powers of Attorney are revoked when divorce is filed Update healthcare directives before final judgment Manually change all beneficiary designations Retitle...

Year-End Checklist for Real Estate Owners in Florida

Key Takeaways from this Article: Verify deed accuracy and update ownership records to avoid costly errors. Pay property taxes early to maximize available discounts and avoid penalties. Update insurance policies to reflect renovations, coverage needs, or flood risk....

Important Resources for Real Estate in Florida

This article is part of our Real Estate Articles collection and relates to our Real Estate Law services. It is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Please review our Legal...

Estate Planning Checklist for Trademark Owners

Key Takeaways: Estate Planning for Trademark Owners List and secure all trademark assets. Define transfer and royalty instructions. Address taxes, licensing, and renewal terms. Work with IP and estate planning pros. Update your plan regularly. This article is part of...

Florida LLC vs Corporation: Choosing the Right Business Structure for Small Business Owners

Key Takeaways for Florida LLC vs Corporations: LLCs offer flexible management and pass-through taxation. Ideal for small, closely held businesses. Corporations provide stronger liability protection and are better suited for growth and investment. LLCs require fewer...

Understanding Florida Land Trusts: A Cursory Guide

What to Know About Florida Land Trusts: Privacy: Land trusts help keep ownership anonymous by keeping beneficiary names off public records. Probate Avoidance: Property held in a land trust can pass to heirs without going through probate. Control: Beneficiaries retain...

Essential Steps in Estate Planning for Young Adults in Florida

This article is part of our Estate Planning Articles collection and relates to our Estate Planning services. It is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Please review our Legal...

Understanding the Role of Title Agents and Title Companies in Florida

Key Takeaways on Title Companies: Title companies manage title searches, insurance, and closings in Florida real estate deals. Title agents research property records and ensure legal ownership before transfer. Florida attorneys can act as title agents without extra...

Understanding Member Managed vs Manager Managed LLCs in Florida

Key Takeaways from Member Managed vs Manager Managed LLCs: Choose between member or manager control when forming your LLC. Member-managed: All owners run the business. Manager-managed: Designated person(s) handle operations. Florida law defaults to member-managed...

Considerations when Planning for Probate Avoidance

LLC Operating Agreement Florida: Eight Commonly Asked Questions

Key Takeaways on LLC Operating Agreements: Florida LLCs aren't legally required to have an Operating Agreement, but not having one can create legal and financial risks. A well-drafted Operating Agreement defines ownership, management structure, voting rights, profit...

Considerations when creating a Revocable Living Trust in Florida

Key Takeaways on Florida Living Trusts: Revocable living trusts in Florida help avoid probate while allowing full control during the grantor’s lifetime. These trusts become irrevocable upon death or incapacity, triggering successor trustee management. Revocable vs....

Estate Planning and Divorce: Steps During and After a Dissolution of Marriage

The FinCEN Beneficial Owner Information Requirement

This article is part of our Business Law Articles collection and relates to our Business Law services. It is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Please review our Legal...

Navigating Probate: How to Avoid Probate in Florida

Key Takeaways on Navigating Probate: Probate in Florida is time-consuming, costly, and public. Avoiding probate simplifies asset transfers and reduces stress for loved ones. Tools like revocable trusts, joint ownership, and Lady Bird deeds bypass probate. Naming...

Homestead in Florida: Applying & Embracing the Benefits

Key Takeaways on Homestead in Florida: Florida’s homestead laws protect your primary residence from most creditors. Homestead status provides property tax savings and caps annual assessment increases. Benefits include portability of tax savings and protections for...

Benefits of an LLC in Florida

Key Benefits of an LLC in Florida: LLCs in Florida offer personal liability protection, separating business and personal assets. Florida LLCs are easy and cost-effective to form, with low setup and annual maintenance fees. Flexible management and ownership options...

Unlocking the Power of a Warranty Deed in Florida for Property Buyers

Key Takeaways on Florida Warranty Deeds: Warranty deeds guarantee buyers clear title and seller accountability. They offer stronger protection than quitclaim deeds. Title insurance adds extra security beyond the deed itself. Warranty deeds build trust and confidence...

Important Differences Between Grantor vs Grantee under Florida Real Estate Law

Key Takeaways on Grantor vs Grantee: The grantor is typically the seller; the grantee is the buyer in Florida real estate transactions. Grantors must deliver a valid deed, provide clear title, and supply necessary documents. Grantees must verify title, meet contract...

Can you remove someone from a deed without their knowledge? Understanding Property Deed Changes in Florida

Key Takeaways in this Article: Florida law prohibits removing a co-owner from a deed without their consent. Unauthorized deed changes can lead to civil and criminal penalties. Each owner can only transfer their own legal interest in a property. Recording deeds...

Demystifying the Florida LLC Operating Agreement: 9 common questions

Key Takeaways on the Florida LLC Operating Agreement: A Florida LLC Operating Agreement isn’t required by law but is essential for protecting owners. It defines ownership, management roles, voting rights, and dispute resolution. Strengthens limited liability...

DBA in Florida: Understanding the Basics and Getting Started

Key Takeaways on DBA in Florida: A Florida DBA (Doing Business As) lets businesses legally operate under a name different from their legal entity name. Registration requires a name search, newspaper notice, and filing with the Florida Division of Corporations. DBAs...

The Florida Homestead Exemption

Frequently asked questions about Living Trusts in Florida

Florida Annual Report: 9 Commonly Received Questions

Key Takeaways on Florida Annual Reports: Florida businesses must file an Annual Report by May 1st each year to stay active. Failing to file results in a $400 late fee and possible dissolution. Filing fees vary by entity type (LLC, corporation, partnership, etc.). You...

Florida Estate Planning Checklist: 14 considerations before meeting with your attorney

Key Guidelines when using a Trademark in Florida

Closing on a House Checklist: 12 Noteworthy Reminders

Do I need title insurance if I pay cash for real estate in Florida?

What you need to know about Title Insurance when Paying Cash for Real Estate: Owner’s Title Insurance is optional for cash buyers in Florida — but highly recommended. Title defects like recording errors, fraud, or unknown heirs can threaten ownership rights. Cash...

How do Quit Claim Deeds work in Florida?

Key Takeaways on Florida Quit Claim Deeds: A Quit Claim Deed in Florida transfers a property owner’s interest without guarantees or title protections. Commonly used for divorce settlements, family transfers, or moving property into LLCs or trusts. Quitclaim deeds do...

The Trademark Process: Pre-filing Considerations

Real Property Transfer Taxes in Florida – How are you affected?

Key Takeaway on Real Property Transfer Taxes: Florida imposes documentary stamp taxes (“doc stamps”) on most real property transfers based on the value of the transaction. The standard tax rate is $0.70 per $100, except in Miami-Dade County where rates vary depending...

Trust Protector versus Trustee – An Explanation

Florida Commercial Real Estate Closing Checklist

Policing & Protecting your Trademark

Dissolution of a Florida Limited Liability Company Checklist

Yearly Estate Planning Audit

For Sale by Owner Closing: 5 Suggestions to Maximize the Advantage of Selling your Home Solo

What happens to an LLC in Florida when a member dies?

Key Takeaway about this Article: LLC membership in Florida splits into management and financial interests; only the financial interest passes to heirs. Upon death, a member is dissociated from the LLC, losing all management rights. Single-member LLCs risk dissolution...

ALTA Survey: When are they really needed in Florida?

Key Takeaways on ALTA Surveys: ALTA surveys are the most comprehensive form of land survey, used to identify boundary lines, easements, encroachments, and property features. They’re not legally required in Florida, but are often necessary for complex or commercial...

Florida Foreign LLCs and the Foreign Qualification process

Key Takeaways on Foreign Florida LLCs: A Florida Foreign LLC is any out-of-state LLC that wishes to transact business within Florida’s borders. Certain limited activities—like owning property or hiring contractors—do not require foreign registration in Florida. If...

Terminating a Florida Living Trust after Administration – 4 Important Steps

Quit Claim Deeds in Florida – A Precautionary List

Trademark Protection and Social Media: 3 Important Considerations for Small Business Owners

Will my estate go through probate court in Florida?

Estate Planning for Small Business Owners

Forming a Florida Limited Liability Company: a Checklist

Florida Homestead Exemption Application Deadline

Common Closing Costs in Florida for Buyers

Estate Planning for Divorced & Remarried Couples

A Summary of the Florida FAR/BAR Contract

Key Takeaways on the Florida FAR/BAR Contract FAR/BAR contracts are standardized agreements used in most Florida residential real estate transactions. Two versions exist: the “AS IS” and the Standard contract, each with distinct inspection, repair, and permit...

A Summary of the Florida Lady Bird Deed

Key Takeaways on Florida Lady Bird Deeds: A Florida Lady Bird Deed avoids probate by transferring real estate automatically to named beneficiaries upon the owner's death—no court required. You keep full control during your lifetime, including the ability to sell,...

Estate Planning for Young Families

FIRPTA – Foreign Investment in Real Property Tax Act Explained

TM vs R: Trademark Symbols Explained

TRID Disclosure Forms: A Basic Overview

Understanding the Florida Living Will

Key Takeaways on Florida Living Wills: A Florida Living Will outlines medical treatment preferences if you're incapacitated. It differs from a Health Care Surrogate by specifying treatments, not decision-makers. You can revoke or amend your Living Will anytime while...

Closing Disclosure Forms 101

Key Takeaways on Closing Disclosure Forms: Required for financed home purchases: The Closing Disclosure (CD) is mandatory for all mortgage-financed real estate transactions under federal TILA-RESPA rules. Delivered 3 days before closing: Lenders must provide the CD at...

Adding a Name to a Deed in Florida

Key Takeaways on Adding a Name to a Deed in Florida DIY deed changes are risky and often backfire. Many clients end up hiring attorneys to fix legal and financial problems caused by incorrect deed transfers. Adding a person to a deed can be permanent. Removing them...

Ways to Avoid Probate in Florida

Key Takeaways on Avoiding Probate in Florida: Florida offers multiple legal tools to avoid probate, including revocable living trusts and beneficiary designations. A properly funded Revocable Living Trust is the most flexible and comprehensive strategy. Joint...

Real Estate Closing Costs in Florida

Key Takeaways on Real Estate Closing Costs in Florida: In Florida, closing costs typically range up to 5% of the property purchase price and are often split between the buyer and seller—but this can be negotiated. Buyers should budget for mortgage-related costs,...

Revocable versus Irrevocable Trusts in Florida

Key Takeaways on Irrevocable vs Revocable Trusts: In Florida, trusts can be revocable (changeable during the settlor’s lifetime) or irrevocable (generally unchangeable after creation). Revocable living trusts help avoid probate and protect privacy, but do not shield...

Homestead Laws in Florida

Non-solicitation Agreements in Florida

A Title Insurance Primer

Key Takeaways on Florida Title Insurance: Title insurance protects buyers and lenders from prior ownership claims, liens, or debts tied to a property. There are two main types: Owner’s Policy (protects the buyer) and Lender’s Policy (protects the lender). Premiums are...

Power of Attorney Options in Florida

How to Establish Florida Permanent Residency

Key Takeaways on Florida Residency: Establishing Florida permanent residency requires taking deliberate legal and practical steps to show intent to remain in Florida long-term. Applying for the Florida Homestead Exemption is a powerful indicator of Florida domicile...

Joint Tenancy with Right of Survivorship & Tenancy by the Entirety as Alternative Estate Planning Tools in Florida

Keys Takeaways from this Article: Joint Tenancy with Right of Survivorship (JTWRS) allows property to pass automatically to surviving co-owners without probate but must be clearly stated in the deed to be legally recognized in Florida. Tenancy by the Entirety is...

ASR on the Solo to CEO Podcast

ASR Law Firm was proud to have our lead attorney, Miss Anila S. Rasul, Esq., featured on the Solo to CEO™ podcast with Davina Frederick, Esq. Explore our conversation with Miss Frederick and learn more about what sets ASR Law Firm apart from other South Florida law...

Digital Estate Planning in Florida

Key Takeaways on Digital Estate Planning: Digital assets include everything from online bank accounts and email logins to photos, cloud documents, and cryptocurrency. Florida residents must now include Online Directives in their estate planning to legally authorize...

Estate Planning for Young Adults: What to Consider

Why do you need a Real Estate Attorney in Florida?

Key Takeaways on Why You Need a Florida Real Estate Attorney: Florida doesn’t require a real estate attorney, but having one ensures legal protection and personalized guidance during every stage of the transaction. Realtors cannot offer legal advice—only licensed...

How to Open a Trust Account in Florida

Quick Business Tip: Filing Florida Annual Reports

Steps to Successfully Changing your Business’ Name

Restrictive Covenants 101: An Intro to Confidentiality, Non-Solicitation & Non-Compete Agreements

4 Basic Estate Planning Documents

Succession Planning for Small Businesses

How to Form an LLC in Florida

The Importance of Self-Proving Wills in the State of Florida

Key Takeaways on Self-Proving Wills: A self‑proving Will in Florida includes a notarized affidavit signed by the testator and two witnesses, confirming the Will’s authenticity. Florida Statute §732.503 governs the requirements for self‑proving Wills. Self‑proving...

Trademarks 101: The Benefits of Registering with USPTO

Key Takeaways on Trademarks: Trademarks protect your brand’s identity, including names, logos, and taglines. Federal registration offers stronger legal protection, exclusive nationwide use, and enhances your ability to defend your brand in court. Using the ® symbol...

What is a Living Will and Do I Really Need One?

Key Takeaways on Living Wills in Florida: A Living Will is a legal document that outlines your medical treatment preferences if you become permanently incapacitated and unable to communicate. Unlike a Last Will and Testament, which becomes effective after death, a...

Advantages and Disadvantages of Limited Liability Companies for Small Businesses

Key Takeaways on Florida LLCs: LLCs combine tax flexibility with legal protection, offering pass-through taxation and limited personal liability. Avoid double taxation by reporting business income on personal returns. Flexible ownership and structure, including...

Common ways for Individuals to Hold Title in Florida Real Estate

Key Takeaways on this Article: Sole Ownership is simple but lacks estate planning benefits—property must go through probate if the owner passes. Tenants in Common allow shared ownership in unequal shares and estate control, but risk disputes and third-party claims....

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