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Overstreet Law, P.A., Is Pleased To Welcome Attorney Michelle Rivera To Our Practice

michelle-rivera-kissimmee-attorneyOverstreet Law, P.A., is pleased to welcome Attorney Michelle Rivera to our practice. Michelle brings with her a wealth of experience and knowledge in the areas of construction law and commercial litigation, as well as more than 7 years of experience in dealing with real estate, corporate documentation, licensing, trust amendments and related areas of law.

Michelle is a lifelong resident of Osceola County having graduated from Gateway High School shortly after it was built. She earned her Juris Doctor degree from Florida A&M University, College of Law, and holds a Bachelor of Arts in Legal Studies from the University of Central Florida where she graduated with honors.

In addition to her legal training and experience, Michelle has worked in acquisitions for a real estate developer and for the University of Central Florida. On a personal note, Michelle is an avid dog lover, presently serves on the Parent Involvement Committee for her child’s school and is active in her church community.

Please join us in welcoming Attorney Michelle Rivera to Overstreet Law, P.A. She will be a great addition to our team as we continue to serve the needs of our local Kissimmee, St. Cloud, Poinciana, Celebration and Hunters Creek communities.

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What Happens When Someone Dies Without A Will?

When someone dies without a will things can get complicated. Who is responsible for making decisions? How do you know who inherits which assets? When there is no will to name a personal representative or beneficiaries, it can be difficult for a family to know where to begin when it comes to handling their loved one’s property.

Fortunately, every state has laws that govern how property and assets of a deceased person, known as a decedent, will pass to their heirs when a decedent dies without a valid will. called intestate succession. Intestate succession laws provide guidance for determining beneficiaries of the decedent’s assets that would have been determined by the decedent’s will.

Under Florida law, the decedent’s estate in inherited according to a prescribed hierarchy of family members.

  • Spouses – If the decedent was married and had no children, grandchildren great-grandchildren, etc., called lineal descendants, the spouse inherits all of the decedent’s assets. The same is true if the decedent had lineal descendants whose living parent is also the surviving spouse of the decedent. 
  • Children – When the decedent has children whose living parent is not the surviving spouse, the assets are split between the decedent’s spouse and children: The surviving spouse inherits half, and the children divide the other half. 
  • Parents – In cases where the decedent has no surviving spouse or lineal descendants, the decedent’s parents are next to inherit the assets of the decedent.
  • Siblings – Finally, if the decedent had no surviving spouse, lineal descendants, or living parents, any surviving siblings would share the inheritance.

Intestate Succession Laws Cover Some, But Not All Cases

Assets that are jointly held (between spouses or with rights of survivorship), or held in a living trust will are not subject to intestate succession. Those assets move from the decedent to the joint spouse by operation of law, or from trust to the beneficiaries by a separate legal process.

Because intestate succession laws only recognize legal relatives, unmarried couples do not inherit their partner’s assets through intestate succession.

Probate May Be Required 

It is important to know that intestate succession does not automatically transfer the assets from the decedent to the heirs. The decedent’s estate may require probate in order to transfer the assets to their heirs. An experienced probate attorney can help you get through the legal process smoothly.

The probate lawyers at the Kissimmee Law Firm of Overstreet Law, P.A. are highly experienced in helping families through these challenging circumstances. Call us at 407-847-5151 for a confidential consultation, and we’ll tell you how we can help your family navigate the probate process smoothly.

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What’s Title Insurance And Do I Have To Buy It?

Title insurance is a specialized insurance policy that protects buyers and lenders against claims that may arise over the title of a piece of property. The policy is a one-time purchase that remains in effect for the duration of ownership, so if, for example, your children inherit your home, the title insurance coverage would continue to insure the property.

Why Would There Be Claims Against The Title Of My Property?

When you purchase real estate, part of the process is detailed research into the public records pertaining to that property. That search should reveal any type of encumbrance on the property including:

  • Tax or contractor’s liens
  • Claims of ownership by heirs
  • Ex-spouses
  • Creditors of previous owners
  • Easements that restrict your ability to build on a portion of the property

In certain cases, these encumbrances may not be discovered through the research process at the time of purchase, and those surprises called hidden risks, are precisely what title insurance protects against. Your owner’s title insurance policy obligates the title company who issued it to defend your title at their cost and to compensate you for any lost value of the property that arises from such a claim.

Am I Required To Have Title Insurance?

While there is no real estate law requiring you to carry title insurance, most mortgage lenders will require that the property be covered by both a lender’s title insurance policy, and an owner’s policy may be offered by the seller as part of your real estate contract. If you’re purchasing real estate with cash, you are not required to buy title insurance, its sound business practice to protect yourself and your investment by buying a policy or requesting the seller pay the cost of the policy.

Who Pays For The Title Insurance Policies?

Ultimately, the party responsible for buying the title insurance policy is determined by the sales contract. There are different customs that vary by county, for example, in Sarasota, Collier, Broward, and Miami-Dade counties, the seller typically pays for the title search, while the buyer pays for the owner’s policy, while in Palm Beach County, the seller usually pays for both.

It’s also important to note that the party paying for the policy selects the title agent, and you may wish to use a real estate attorney to serve as the title agent.

The real estate lawyers at the Kissimmee Law Firm of Overstreet Law, P.A. can help you understand the title insurance process and walk you through the specifics of negotiating a fair sales contract. Call us at 407-847-5151 for a confidential consultation.

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How To Get A Green Card Through Family

Getting a USCIS Green Card is an important step and a proud moment for people who want to live permanently and work in the United States. A Green Card, or permanent residence, opens the door to many opportunities such enabling individuals to permanently live and work in the U.S., along with providing a path to citizenship for those who wish to become U.S. citizens. Even with the cooperation of an eligible family member, it can be a challenge to get all the bases covered properly which can lead to unnecessary delays or even denials. Working with an experienced immigration lawyer can help avoid common pitfalls associated with green card denials and delays.

Immediate Relatives versus Preference Categories

The Immigration and Nationality Act (“INA”) divides family based immigrants into two categories, “immediate relatives” and “preference based immigrants”. Immediate relatives are permitted to immigrate at any time and there is no limitation on the number of individuals who may immigrate in these categories. For example, the parents, spouses and minor children of U.S. citizens are permitted to immigrate at any time. Of course, they must file the necessary applications and evidence and go through the proper processes but there is no limit on how many individuals can immigrate in these categories.

Family members in the “preference categories”; however, are subject to statutory quotas or annual limits. Because the number of “green cards” USCIS is permitted to issue each year is limited in these categories, waiting times can be lengthy. The preference categories include the following:

  • First preference: Unmarried, adult sons and daughters of U.S. citizens. (Age 21 or older)
  • Second Preference (2A): Spouses of green card holders, unmarried children (under age 21) of permanent residents
  • Second Preference (2B):  Unmarried adult sons and daughters (any age) of permanent residents
  • Third Preference: Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens

Special Situations

Most I-551 cards (green cards) are issued with a validity period of 10 years; however, in some situations a green card may be “conditional”. A conditional green card, or conditional permanent resident, receives a card that is valid for 2 years and specific conditions must be met in order for the “conditions” to be removed and a 10 year card issued. Filing in the specified time frames to remove conditions is critical as both the Obama administration and Trump administration have followed a policy of initiating removal proceedings against individuals who fail to file to remove conditions in the required timeframe. If you are subject to conditions, a lawyer can assist you in making sure your application to remove conditions is timely filed and has the right supporting evidence. 

Experienced Immigration Attorneys 

The Kissimmee Law Firm of Overstreet Law, P.A. is experienced in helping clients get their green cards, so they can enjoy the freedom and security that permanent residence provides. Contact us by calling 407-847-5151 to schedule a consultation, and we’ll tell you how we can help and what you can expect from the process.

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