1. What does
it mean to be "Board Certified"?
Attorneys who have been certified by the Florida Bar Board of Legal
Specialization and Education are attorneys who must meet certain high qualifications
including:
75 hours of continuing Legal Education in the last 5 years.
Passing a test proving special knowledge in the field of expertise.
Being recommended by lawyers and/or judges as being a specialist in that
particular area of law.
40 to 50% of the lawyer's work consists of work in that specialized area
of law.
A small percentage of lawyers are "Board Certified", and those
who are certified are considered to be experts in that area of specialization.
2. Do I Really
Need an Attorney to Conduct My Real Estate Transaction?
YES! There are documents which
must be prepared and often negotiations and decisions which require competent legal
advice. For instance, there is often a question about what repairs or
replacements are required to be made by a seller according to the contract terms. An
attorney will provide you with the appropriate contract interpretation to protect your
interest.
3. Why do I need Title Insurance?
Title Insurance provides you with an insurance policy guaranteeing that
you have a good and marketable title to your real property. If a title defect or
dispute arises during your ownership of the property, the Title Insurance Company will pay
for the cost of any legal services in any litigation and will pay up to the amount
of your purchase price for the loss of any interest by you in your real property that is
insured.
Mortgage Law is an area of law where the attorney provides advice to assist the client to obtain the best available financing for the client's purchase or refinance of real property. Further, through a recently developed program known as Attorneys Mortgage Services (AMS), Mr. Sherrard can actually obtain financing for the client on one to four residential units at interest rates provided by secondary finance markets, which are lower rates than provided by banks and other lending institutions.
Family Law is an area of law which includes family-related and marital
issues. Among the areas of law included in "Family Law" are pre-marital
agreements, marital settlement agreements, dissolution of marriage, paternity,
adoption, juvenile law, domestic violence injunctions, contempt and enforcement of of
family law orders, emancipation orders, annulments and name changes.
6. What
does it mean that Florida is a No-Fault Divorce state?
There is no requirement to prove the fault of one spouse or the other as
grounds for divorce. The only "ground" necessary to obtain a divorce is
testimony of a spouse that the marriage is irretrievably broken. No other grounds
are necessary.
7. Can I be
"legally separated" in Florida?
Florida does not provide for a "court-sanctioned" legal
separation order. Florida law provides for a dissolution of marriage proceeding and
for support in lieu of a divorce, and you may separate from your spouse with a
comprehensive agreement signed by both parties, but Florida courts do not provide
"legal separation" orders.
8. Why do I need a Will?
A will provides for the distribution of your assets after your death in
the manner that you direct. Without a will, your assets will be distributed in
accordance with a Florida Statute that provides for a standard of distribution to certain
relatives. By drafting and properly signing a will, you ensure that your desires for
distribution of your estate are carried out as you direct by the personal representative
you designate.
A living will is a written declaration authorizing the termination of life
support or other medical procedures in the event you reach a point where said services are
deemed to be of no value to sustaining your life or the quality of life that you desire.
10. What is a "Living
Trust"?
A living trust is an alternative method to a will for the distribution
and/or use of your assets during your lifetime and after your death. Generally, you
transfer assets to the trust during your lifetime and designate how the assets are used
during your lifetime and distributed after your death. The living trust avoids the
necessity and delay of probating a will after your death.
The hiring of a lawyer is an important decision that should not
be based solely upon advertisements. Before you decide, ask us to send you free
written information about our qualifications and experience.
Legal
Disclaimer
The materials contained in this website have been
prepared for informational purposes only. The information contained is general in
nature, and may not apply to particular factual or legal circumstances. In any event, the
materials do not constitute legal advice or opinions and should not be relied upon as
such. Transmission of the information is not intended to create, and receipt of does
not constitute, an attorney-client relationship. Internet subscribers and online readers
should not act upon any information in this website without seeking professional counsel.
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