Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
Venice 941-207-2223
Helping individuals & families across Florida with their legal matters since 2005

Category Archives: Real Estate

Homestead Rights of Spouses – Better Make Sure They Sign the Deed

By Law Offices of James W. Mallonee, P.A. |

There is a case pending with the following facts: 1) The spouses are separated and had been for a good ten years; 2) One of the spouses elected to purchase a vacant lot and build a residential home on the lot; 3) The spouse who was building the new home had two children who… Read More »

Real Estate Stepped Up in Basis

By Law Offices of James W. Mallonee, P.A. |

Did you know that when you die your permanent property (where you call home) receives a step-up in basis in an effort to avoid capital gains taxes. This avoidance prevents the decedent’s estate and its beneficiaries from being taxed as a gift or income. This is also true for stocks and bonds and other… Read More »

Are Real Estate Professionals Required to Investigate Unknown Defects to Property?

By Law Offices of James W. Mallonee, P.A. |

Are real estate sales personnel required to investigate defects in a residential property before listing it? The answer is yes and no. There is certainly a responsibility to investigate if you are aware of such defects and expose those defects in non-commercial properties. But just when is that disclosure to be made and by… Read More »

Tenants by Entireties and Expectation of Privacy

By Law Offices of James W. Mallonee, P.A. |

Privacy Expectations: Imagine being in your backyard and your neighbor places a camera on their roof top that is pointed into your yard and recording what you are doing. Would that annoy you to the point of bringing a law suit against your neighbor to enjoin them from having the camera operational? That was… Read More »

Fraudulently Sold Property – Is There a Remedy?

By Law Offices of James W. Mallonee, P.A. |

Imagine you own a house and your friend puts it up for sale without telling you. The authorization he used was a Durable Power of Attorney naming your friend as the agent. You either voluntarily or mistakenly allowed him to take possession of it while visiting one day. A buyer comes along and says… Read More »

Avoiding Out of State Taxation When Moving to Florida

By Law Offices of James W. Mallonee, P.A. |

I often get asked from individuals who move from the North to Florida what will be the tax implications when Florida becomes their permanent domicile. Under ordinary circumstances the impact is none, but there are always surprises which can be avoided provided you know how a change in domicile is viewed by your old… Read More »


By Law Offices of James W. Mallonee, P.A. |

I frequently have questions from clients who ask if they can devise their property to anyone? The short answer to that question is generally yes; but, with some thoughts about the consequences of doing so. Many times, this comes down to whether siblings, children or a spouse are still alive at the time of… Read More »


By Law Offices of James W. Mallonee, P.A. |

It’s property tax time and in some cases the payment of one’s property tax is not accomplished either because the tax is greater than the value of the property or the owners abandoned the property for personal reasons. When this happens, the County Tax Collector in Florida has the right to put the property… Read More »


By Law Offices of James W. Mallonee, P.A. |

I am sometimes asked about the days before Christopher Columbus crossed the ocean blue, how did a buyer of land prove that he or she owned their purchased parcel. Historically, it was called delivery, but what did delivery really mean? During the 15 th century there was no recording or transfer of paper laying… Read More »


By Law Offices of James W. Mallonee, P.A. |

Lately, I’ve been involved in three partition actions, two of which involve the administration of an estate. A partition action can be an expensive alternative to selling real or personal property when the parties having ownership of such property can’t agree on how to handle it. There are two forms of partition, an estate… Read More »

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