Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
#1
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Is the following statement true? If so it seems very unfair to take away an individual's right to handle their own legal matters.
"You've Got To Hire An Attorney - It's The Law. Reviewing assets, preparing a revocable Florida living trust for inheritance matters, and entering into a legal service contract requires that the preparer be a Florida State bar certified attorney. Any other situation constitutes illegal practice of law within Florida, and is punishable. Your Florida estate attorney has a multi-part role ...he or she will identify all your assets, make sure that they legally transfer into your inter vivos revocable Florida living trust." Then I must assume private rental agreements done between 2 individuals for seasonal property rentals are not legal unless they are written by a lawyer. |
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#2
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It is not illegal for a non-attorney to prepare a revocable trust or rental agreement for themselves in Florida. However, if you are preparing legal documents for a third party, you are practicing law without a license which is illegal. While it is not illegal to prepare your own estate planning documents, it is certainly not advisable to do so. There are many traps for the unwary that people are not aware of when preparing their own estate planning documents that often result in litigation. I have been involved with cases where a person saved a few hundred dollars by preparing their own estate planning documents and after their death it was discovered that a mistake was made and litigation ensued. Over thirty thousand dollars was spent by each side to litigate the case. THe mistake that was made was something that never would have happend had an attorney prepared the documents.
The best analogy I can think of is a mechanic. I do not know very much about cars, but I am confident I could change the engine in my truck if I were given enough time and studied up. However, I am not confident that I would get everything 100% correct which may result in my engine failing and me getting into an accident or being stranded in the future. If you would like to discuss this issue further, I would be happy to spend a few minutes on the phone with you. My number is (352) 365-2262. |
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