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

CAN I DEVISE MY PROPERTY TO ANYONE?

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 »

IT’S PROPERTY TAX SEASON – TO BUY OR NOT TO BUY A TAX CERTIFICATE

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 »

WHEN DOES A DEED CONVEY PROPERTY TO ANOTHER

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 »

PARTITIONING PROPERTY

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 »

PROBLEMS IN PARADISE – HOMESTEAD TITLED TO YOUR TRUST AND LAPSED DEVICES

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

Recently, I’ve been involved in a case that has two major issues pertaining to real property and its distribution to the beneficiaries of a trust. One party says they are in control of a piece of property and that a specifically devised portion of property is also theirs. As you can imagine, the other… Read More »

Buyer Beware – Residential Versus Commercial Property

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

It is well known that a buyer of Commercial Property is on notice to investigate the property being purchased for any and all defects. That does not mean that if the Seller prevents the buyer from learning the facts of the property or creates an artifice or trick in such purchase that liability for… Read More »

Deeding Property to Avoid Probate – Bad Idea

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

Following the holidays there are a number of clients who come to see me and ask to have their children added to their property for the purposes of transferring such property at their death. In essence, they are looking to avoid probate. What they don’t realize is that such changes are fraught with potential… Read More »

Homeowner and Condo Association Documents

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

Before you purchase your dream home or condominium, beware of the association documents and deed restrictions that come with it. The law presumes that once you sign the contract to purchase, you are put on notice as to the restrictions placed upon your property as to how you may use it. Ideally, when you… Read More »

Real Estate Odds and Ends

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

Have you ever wondered about those documentary stamps that the government charges when you convey your property to another? If you have, you’re not alone, it is sometimes a mystery as to how the assessment is for the tax is made. You should think of it as a sales tax similar to the type… Read More »

Personal Representative Recovery of Homestead Expenses

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

It is well known that Florida law protects homeowners against forced sale from creditors. This also holds true when the owner of his or her primary Florida residence dies leaving judgment holders waiting to be paid. The protection against forced sale of a decedent’s homestead to pay creditors also passes to the heirs who… Read More »

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