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 – Wills and Trusts with Pay Debts on Death Clauses

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

When preparing a Will or Trust conveying your homestead to your children or other surviving descendants, be careful not to demand the property be sold to pay debts. Why you ask; consider the following facts, Mom has a Will prepared that states that all her property is to be sold to pay her debts… Read More »

Homestead – Will I Lose My Home and Who Will Get It

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

I often get asked if my spouse dies and he or she has many medical or nursing home bills that can’t be paid because of our financial situation, will I lose the home. The answer is NO with some caveats. If you are a Florida resident your home cannot be forcibly sold to pay… Read More »

Homestead – Life Estate or Joint Tenant in Common – Some Considerations?

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

Under normal conditions the passing of a married couples’ property is simple, the real property is held in joint names and at the death of one of the spouses the property immediately transfers to the surviving spouse by operation of law. But sometimes there is a breakdown in relationships or the married couple marries… Read More »

99 Year Leased Property Safe from Creditors

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

For those persons who reside in a development where the possession of property is based on a 99 year lease (e.g. certificates of membership are issued), you can now consider your property safe from forced sale by creditors during life and following death. In essence, the law now recognizes long term condominium leaseholds as… Read More »

Florida Homestead Descendent Distribution

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

The term homestead means different things depending on your situation. If you are a winter visitor owning real estate in Florida, it means being treated differently when it comes to property taxes. If you are a Florida resident, it means that your property tax increases are limited from year to year and your home… Read More »

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