Real Estate Law
A Real Estate Attorney is not Legally Required for Every Transaction but Hiring one can be Very Helpful!
Real estate is one of the largest purchases many of us will ever make. Real estate transactions, whether residential, commercial, or for investment purposes, are often expensive, complex and difficult to navigate without legal assistance. At The Law Offices of Cesar A. Montalvo, our real estate attorney can help you understand the terms of any deal you’re considering and make sure your interests are protected.
Most people don’t consider a real estate attorney an essential part of their real estate transaction, but there are certain circumstances that make having a lawyer on your side a very good idea. While there are many online tools available that can give you a general overview of this area of law, most are very basic or give incomplete advice. Complexities may arise in cases involving subsurface rights (oil and gas, minerals, water, etc.), waterfront properties, properties subject to easements or restrictive covenants, historical properties, or other unique circumstances that the online tools don’t begin to touch on. In the case of commercial properties, issues could encompass environmental concerns, zoning disputes, liens, or rents derived from the property. The list is long. And while you won’t be coming up against all of these in one transaction, something unexpected could upset your plans.
Our real estate lawyer will work on all legal aspects of each transaction to make sure every property is represented accurately. It’s important to note that real estate agents, while helpful for identifying potential properties, work in their own best interests and may not ensure the process is fair for everyone involved. Our job is to review, negotiate and draft deeds and contracts which remove potential risks that you are unaware of as well as ensure that certain provisions are included to protect your interests.
Passing Your Assets to Family Members Through Estate Planning.
After you have amassed wealth, regardless of the size of your estate, it is important to take the time to plan how it will be passed on to your family when the time comes. Dealing with the death of a beloved family member is difficult enough. Estate planning can make it easier on the surviving family members while distributing your assets according to your wishes. Otherwise the state will divvy up assets in accordance with local laws. Assets may include real estate; stocks, bonds and mutual funds; personal property; retirement accounts; and bank accounts. The Law Offices of Cesar A. Montalvo can help with all of your estate planning needs, including creating wills and establishing trusts.
Estate Planning with Wills and Trusts.
Wills and Trusts are two of the most important documents you will ever need. If you have kids, you need a will. A will is simply a formal way of setting forth your wishes regarding how you would like your property distributed upon your death and appointing a legal representative to carry out your desires. By contrast, a trust takes effect as soon as you create it and can be used to begin distributing property before death, at death or afterwards.
Wills and Trusts each have their advantages and disadvantages. For example, a will allows you to name a guardian for children and to specify funeral arrangements, while a trust does not. On the other hand, a trust can be used to plan for disability or to provide savings on taxes. Additionally, a will covers any property that is only in your name when you die, while a trust covers only property that has been transferred to the trust. There are several types of trusts available for your specific needs. Talk with the Estate Planning Lawyers at Cesar A. Montalvo for assistance in crafting these important life documents and planning for your family’s future.
Finalizing Your Wishes with a Probate Lawyer.
As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. Probate is the legal process that determines the validity of the will and oversees distribution of assets. Some property will pass automatically to a beneficiary upon death, such as certain trusts and life insurance policies. Other property that is subject to probate will be examined by the court and granted to the appropriate party.
Although probate customs and laws have changed over time, the purpose has remained much the same: people formalize their intentions as to the transfer of their property at the time of their death (typically in a will), their property is collected, certain debts are paid from the estate, and the property is distributed. The entire probate process usually takes less than a year.
To learn more about any of these involved topics, please contact The Law Offices of Cesar A. Montalvo. Our offices can represent you for all of your real estate, estate planning, and probate needs.