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    <title type="text">Brown &amp; Kimpton, P.A.</title>
    <subtitle type="text">Brown &#38; Kimpton, P.A.</subtitle>

    <updated>2026-06-19T21:23:03Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A.</name>
				            </author>
            <title type="html"><![CDATA[The 2026 Florida HOA law update: What every buyer needs to know]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2026/02/the-2026-florida-hoa-law-update-what-every-buyer-needs-to-know/" />
            <id>https://www.brownlawandtitle.com/?p=50007</id>
            <updated>2026-02-10T04:13:22Z</updated>
            <published>2026-02-10T04:13:22Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When you shop for a home in a Florida HOA or condo, you may encounter new rules governing record access and long-term repair planning. These updates may affect your budget, timeline and comfort level after closing. You can reduce surprises by reviewing the community’s documents with the same care you give the unit and the inspection. Understanding recent Florida HOA…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2026/02/the-2026-florida-hoa-law-update-what-every-buyer-needs-to-know/"><![CDATA[When you shop for a home in a Florida HOA or condo, you may encounter new rules governing record access and long-term repair planning. These updates may affect your budget, timeline and comfort level after closing. You can reduce surprises by reviewing the community’s documents with the same care you give the unit and the inspection.
<h2>Understanding recent Florida HOA legal changes</h2>
Florida updated community association laws to expand access to key records. Many HOAs with 100 or more parcels may need to keep a secure website or portal for owners. Condo associations with 25 or more units may face a deadline to post specific records online.

You may also encounter building safety rules that apply to older, taller buildings. Florida law requires milestone inspections for certain buildings based on age and height. Condo laws also require certain buildings to undergo a structural reserve study and to maintain stricter reserve funding for major building components.
<h2>Evaluating buyer costs, disclosures and risks</h2>
Before you commit, you can use the records to spot the following cost drivers and red flags:
<ul>
 	<li aria-level="1">Budget and year-end financial reports that may show cash on hand</li>
 	<li aria-level="1">Reserve schedules that may outline planned repair funding</li>
 	<li aria-level="1">Special assessment notices or recent fee increases</li>
 	<li aria-level="1"><a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0500-0599%2F0553%2FSections%2F0553.899.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Milestone inspection status</a> and any follow-up repair plans</li>
 	<li aria-level="1">Insurance summaries and any pending lawsuit disclosures</li>
</ul>
When buying <a href="https://www.brownlawandtitle.com/real-estate-law/" data-wpel-link="internal">property in a Florida HOA or condo</a>, you can evaluate the community’s finances and repair plan, not only the listing price.
<h2>Key considerations as you evaluate your next step</h2>
As you move closer to an offer, you may benefit from slowing down the review stage and asking more detailed questions about the community itself. Small details in association records can shape long-term expectations in ways that may not appear during a standard property review. Taking time to clarify unclear items or request missing information can help you approach the decision with greater awareness while keeping your options open.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Exploring riparian rights and permits for a waterfront property]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2026/01/exploring-riparian-rights-and-permits-for-a-waterfront-property/" />
            <id>https://www.brownlawandtitle.com/?p=50005</id>
            <updated>2026-02-03T16:10:43Z</updated>
            <published>2026-01-15T09:58:31Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Buying waterfront property in Florida can seem simple, but the water rights that come with it are often more complicated than they first appear. For buyers, especially in the luxury market, knowing what you can and cannot do along the shoreline helps you plan for building docks, protecting views and enjoying the water. What are riparian rights? Riparian rights are…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2026/01/exploring-riparian-rights-and-permits-for-a-waterfront-property/"><![CDATA[<span style="font-weight: 400;">Buying waterfront property in Florida can seem simple, but the water rights that come with it are often more complicated than they first appear. For buyers, especially in the luxury market, knowing what you can and cannot do along the shoreline helps you plan for building docks, protecting views and enjoying the water.</span>
<h2><span style="font-weight: 400;">What are riparian rights?</span></h2>
<span style="font-weight: 400;">Riparian rights are the legal rights you may have to use the water next to your property. In Florida, the state usually owns the land under navigable waters, called </span><a href="https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/sovereign-submerged-lands-ssl" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">sovereign submerged lands</span></a><span style="font-weight: 400;">, while property owners may have rights along the water’s edge.</span>

<span style="font-weight: 400;">These rights usually exist only if your property reaches the mean high-water line in tidal areas or the ordinary high-water line on lakes and rivers. If your lot does not reach these lines, you may not have full access to the water.</span>

<span style="font-weight: 400;">Common riparian rights generally include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Accessing the water</b><span style="font-weight: 400;">: The ability to move from your property into the water, often with state rules in mind</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Protecting your view</b><span style="font-weight: 400;">: The right to a reasonable line of sight, though it does not guarantee an unobstructed view</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Requesting permits</b><span style="font-weight: 400;">: The ability to apply for permission to build a dock or pier over state-owned submerged land</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Reasonable use</b><span style="font-weight: 400;">: Using the water in ways that comply with public and environmental rules</span></li>
</ul>
<h2><span style="font-weight: 400;">Who owns the submerged land?</span></h2>
<span style="font-weight: 400;">The land under Florida’s navigable waters is held by the state for public use, like boating and fishing. Most docks extend over these lands, so any new construction needs to balance private interests with public access.</span>

<span style="font-weight: 400;">View protection is often important for high-end buyers. Florida courts generally allow property owners to keep a reasonable view of the water.</span> <span style="font-weight: 400;">Still, agencies may approve neighboring docks even if they partially block a view, as long as they consider the design reasonable.</span>
<h2><span style="font-weight: 400;">How permits work?</span></h2>
<span style="font-weight: 400;">Building a dock usually requires approvals at both the state and local levels. For most residential projects, the Florida Department of Environmental Protection or a regional Water Management District acts as the primary regulator.</span>

<span style="font-weight: 400;">Key steps often include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Confirming exemptions</b><span style="font-weight: 400;">: Checking if your project needs a formal permit or qualifies for a simpler approval</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Securing consent</b><span style="font-weight: 400;">: Making sure the dock does not occupy state-owned land without official permission</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Meeting standards</b><span style="font-weight: 400;">: Following rules for water depth, protected habitats and seagrass areas</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Coordinating protections</b><span style="font-weight: 400;">: Following extra rules if the property is in an aquatic preserve</span></li>
</ul>
<h2><span style="font-weight: 400;">Checking details before buying</span></h2>
<span style="font-weight: 400;">Waterfront features often play a central role in why you might choose a property, but careful review can prevent surprises later. </span>

<span style="font-weight: 400;">Start by reviewing the deed to confirm that your property includes riparian or littoral rights and to identify any gaps between your land and the water.</span>

<span style="font-weight: 400;">Ordering a coastal survey can help map the current mean high-water line, which typically marks the legal boundary between your land and state-owned submerged areas. Also examine the permit history to confirm that any existing docks or marine structures received proper approval and that all permits remain valid.</span>

<span style="font-weight: 400;">Finally, consulting a marine contractor or structural engineer can give insight into seawall stability and the potential for future changes under environmental rules. These steps help set realistic expectations for what the property allows now and what may be permitted in the future.</span>
<h2><span style="font-weight: 400;">Making the most of your waterfront property</span></h2>
<a href="https://www.brownlawandtitle.com/real-estate-law/" data-wpel-link="internal"><span style="font-weight: 400;">Owning waterfront property in Florida</span></a><span style="font-weight: 400;"> offers access to water and beautiful views, but the law shapes what is possible along the shoreline. Understanding riparian rights and how permits work, while taking thoughtful steps during the buying process, can help you enjoy your property with a clear sense of what may be feasible for building or</span> use.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A.</name>
				            </author>
            <title type="html"><![CDATA[AI, Deepfakes, and Real Estate Closings: How Brown &#038; Kimpton, P.A. Keeps Your Transactions Safe (And Your Mom Happy!)]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2025/05/ai-deepfakes-and-real-estate-closings-how-brown-kimpton-p-a-keeps-your-transactions-safe-and-your-mom-happy/" />
            <id>https://www.brownlawandtitle.com/?p=49807</id>
            <updated>2025-05-21T06:58:51Z</updated>
            <published>2025-05-21T06:50:35Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[By Barbara M. Brown, Esq., Attorney Partner Mother’s Day is just around the corner, and while you’re busy planning the perfect brunch or picking out the best flowers, there’s another thing you should be aware of: the sneaky world of AI and deepfakes. Yes, even in real estate, these digital tricksters can cause quite a stir. But don’t worry, Brown…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2025/05/ai-deepfakes-and-real-estate-closings-how-brown-kimpton-p-a-keeps-your-transactions-safe-and-your-mom-happy/"><![CDATA[<strong>By Barbara M. Brown, Esq., Attorney Partner</strong>

Mother's Day is just around the corner, and while you're busy planning the perfect brunch or picking out the best flowers, there's another thing you should be aware of: the sneaky world of AI and deepfakes. Yes, even in real estate, these digital tricksters can cause quite a stir. But don't worry, Brown &amp; Kimpton, P.A. has got your back, ensuring your transactions are as safe as your mom's secret cookie recipe.
<h2><strong>The Risks of Deepfakes in Real Estate</strong></h2>
Imagine this: You're about to close on your dream home, and suddenly, a deepfake video of the seller pops up, claiming they never agreed to the sale. It's like a plot twist in a soap opera, but without the dramatic music. Deepfakes can impersonate property owners, buyers, or agents, leading to fraudulent transactions that could ruin your day faster than forgetting Mother's Day.

Other risks include:
<ul class="fl-ol-gap">
 	<li><strong>Fake Listings</strong>: AI can create fraudulent rental ads or property listings that deceive consumers. It's like finding out the "perfect" gift for mom is actually a dud.</li>
&nbsp;
 	<li><strong>Impersonation</strong>: Cybercriminals can use deepfakes to impersonate real estate professionals and gain access to sensitive information. Think of it as someone pretending to be your mom to get the last piece of cake.</li>
&nbsp;
 	<li><strong>Wire Fraud</strong>: Deepfakes can make wire fraud even more challenging to detect, as scammers use AI to create convincing fake identities. It's like someone stealing your mom's famous lasagna recipe and claiming it as their own.</li>
</ul>
<h2><strong>How Brown &amp; Kimpton, P.A. Protects Your Transactions</strong></h2>
At Brown &amp; Kimpton, P.A., we understand the importance of safeguarding your real estate transactions from these sophisticated threats. Our team employs several strategies to ensure your transactions are secure, so you can focus on making Mother's Day special:
<ol class="fl-ol-gap">
 	<li><strong>Advanced Verification Processes</strong>: We use cutting-edge technology to verify the identities of all parties involved in a transaction. This includes facial recognition software and AI-based tools to detect deepfakes. It's like having a superpower to spot fake smiles in family photos.</li>
&nbsp;
 	<li><strong>Secure Payment Procedures</strong>: Our firm implements strict security measures for payment processes, reducing the risk of wire fraud. We advise clients to be vigilant and provide warnings about potential deepfake crimes in our communications. Just like reminding you to double-check the gift receipt.</li>
&nbsp;
 	<li><strong>Continuous Monitoring</strong>: We continuously monitor transactions for any signs of fraud or manipulation. Our team is trained to spot inconsistencies and suspicious activities that may indicate the presence of deepfakes. It's like having a mom who always knows when something's up.</li>
&nbsp;
 	<li><strong>Client Education</strong>: We educate our clients about the risks of deepfakes and how to protect themselves. This includes advising them on secure communication practices and the importance of verifying information before proceeding with transactions. Think of it as giving you tips on how to make the perfect breakfast in bed.</li>
&nbsp;
 	<li><strong>Legal Expertise</strong>: Our experienced attorneys are well-versed in handling cases involving fraud and deepfakes. We provide robust legal representation to protect our clients' interests and resolve disputes effectively. It's like having a mom who can fix anything.</li>

</ol>
<h2><strong>Conclusion</strong></h2>
While AI and deepfakes present new challenges for the real estate industry, Brown &amp; Kimpton, P.A. is committed to keeping your transactions safe. By leveraging advanced technology, implementing secure procedures, and educating our clients, we ensure that your real estate dealings are protected from fraud and manipulation. Trust us to provide the peace of mind you need in today's digital age, so you can focus on making Mother's Day unforgettable.

For more information or to schedule a consultation, contact Brown &amp; Kimpton, P.A. today.

<hr>

: The Rise of Artificial Intelligence and Deepfakes : Don’t Let Deepfakes Hijack Your Transactions : Scammers Use Agent Deepfakes to Fool Buyers, Sellers : Brown &amp; Kimpton, P.A.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A.</name>
				            </author>
            <title type="html"><![CDATA[A Pirate Headed for Troubled Waters, You Mean You Signed a Contract Without an Attorney?]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2025/04/a-pirate-headed-for-troubled-waters-you-mean-you-signed-a-contract-without-an-attorney/" />
            <id>https://www.brownlawandtitle.com/?p=49777</id>
            <updated>2025-04-03T15:18:03Z</updated>
            <published>2025-04-03T15:14:23Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The pen is mightier than the sword rings true. When you sign iron-clad agreements, it is honestly going to take war to break through them. I have been receiving a lot of calls lately particularly about investment deals gone bad. Always invest in yourself first by investing in an attorney. Don’t just hand over your treasure and sign on the…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2025/04/a-pirate-headed-for-troubled-waters-you-mean-you-signed-a-contract-without-an-attorney/"><![CDATA[The pen is mightier than the sword rings true. When you sign iron-clad agreements, it is honestly going to take war to break through them. I have been receiving a lot of calls lately particularly about investment deals gone bad. Always invest in yourself first by investing in an attorney. Don’t just hand over your treasure and sign on the dotted line.

When it comes to investment opportunities some great salesmen can get you to “buy in” and promise a mountainous return. But, those oral representations or promises do not make it into the contract. Actually, the language you sign off on will end up saying something like this, [you can skip to the next paragraph just like you are liable to skip over it in the contract] “Entire Agreement: This Agreement constitutes the entire agreement with respect to the Parties and may not be changed, altered or modified except in writing by a subsequent instrument executed by the Parties. Further, the Parties acknowledge that no other representation, inducement, promises or agreements, orally or otherwise, were made by any Party, or anyone acting on behalf of any Party, unless such representation, inducement, promises or agreements are embodied in this Agreement.”

If your eyes glazed over, just think of how many other provisions demanded more moments of your attention. This one will glaringly continue to stare you in the face when you are told that the income, projections, ROI or term sheets, or promised profit are all but a dream and your money is gone.

In another camp there is a group of more relaxed villains who are much easier to fight. These are those who compiled contracts themselves.

The trend of the tech-savvy, overly trusting person, that believes that AI can draft a contract for them are now starting to fall one by one. While it may be true AI is a great assistant for drafting if you are using LexisNexis Protégé, only attorneys have access to that. Attorney AI pulls from legal databases, treatises, and case law. There is no substitute for a lawyer who has seen, talked to, and studied all angles of how opponents fight, who can anticipate what could go wrong in a joint venture and can draft contract language top help avoid liability and suit. But without a doubt your odds of surviving are much better if you have signed a contract where the other party did not hire an attorney either.

Parting advice for the pirates in search of riches:
<ol>
 	<li style="padding-bottom:1em;">Be proactive to protect yourself and your treasures; it will save you from being reactive only hiring an attorney once you are in a compromised position. Yes, us attorneys are crafty and can draw out good facts and create legal arguments to help, or negotiate settlements, but we are not magicians. And an iron clad binding contract usually cannot be broken without actual magic.</li>
 	<li>At the very least, know you can remove or cross out unfavorable terms and add language in contracts if you insist on a gamble and do not hire an attorney. There are few contract of adhesion, for instance your contract with your cell phone provider AT&amp;T, where those terms are staying. But if you’re entering into a contract with a person or business, know that document doesn’t have to be signed “AS IS”. Too often people travel blindly to this on treacherous sea without throwing the garbage overboard and aiding their defense, pen in hand.</li>
</ol>
Ashley J. Likens, Associate Attorney

Brown &amp; Kimpton, P.A.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Celebrating Women in Law: A Look at Their Impact and Progress]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2025/04/celebrating-women-in-law-a-look-at-their-impact-and-progress/" />
            <id>https://www.brownlawandtitle.com/?p=49776</id>
            <updated>2025-04-03T04:38:30Z</updated>
            <published>2025-04-03T04:38:30Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[March is National Women’s History Month, a time to reflect on the incredible contributions women have made across all fields. In the legal profession, women have broken down barriers, reshaped the landscape, and made history. Their achievements have paved the way for future generations of female lawyers, and their continued rise is shaping the future of the legal community. The…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2025/04/celebrating-women-in-law-a-look-at-their-impact-and-progress/"><![CDATA[March is National Women’s History Month, a time to reflect on the incredible contributions women have made across all fields. In the legal profession, women have broken down barriers, reshaped the landscape, and made history. Their achievements have paved the way for future generations of female lawyers, and their continued rise is shaping the future of the legal community.
 
<h2>The Evolution of Women in Law</h2>
 
Women’s presence in the legal field dates back to the late 19th century, starting with Arabella Mansfield, the first woman to be admitted to practice law in the United States in 1869. Fast forward to 1981, when Sandra Day O’Connor became the first woman appointed to the U.S. Supreme Court — a momentous event that changed the trajectory of law for women.
 
In what was once a male-dominated field, women now account for 41% of all lawyers in the United States — a significant 7% increase since 2014. This upward trend reflects the growing role of women in law, with key milestones signaling a shift toward greater equality:
<ul>
	<li><strong>2016:</strong> Women became the majority of law school students.</li>
	<li><strong>2020:</strong> Women made up the majority of general lawyers in the federal government.</li>
	<li><strong>2023:</strong> Women surpassed men to become the majority of law firm associates.</li>
	<li><strong>2025 (projected):</strong> Women are expected to become the majority of full-time law school faculty members.</li></ul>

These milestones reflect not just progress, but the expanding influence and presence of women in every area of the legal profession.
 
<h2>The Present and Future of Women in Law</h2>
 
These achievements are not only groundbreaking for women currently working in the legal field, but also for aspiring female attorneys and young girls envisioning a future in law. Women have continuously proven — through their successes and dedication — that they are more than capable of thriving in the legal profession.
A powerful example of this is seen in 2024, when a female attorney secured the largest verdict in Texas state history, amounting to an astounding $71.95 million. It’s accomplishments like these that underscore the critical role women now play in shaping the future of law.
 
Looking back, the journey women have traveled in law is remarkable. From being denied admission to the bar simply because of their gender, to achieving monumental successes in courtrooms and law offices, the progress is undeniable. As we continue in the early stages of 2025, the legal profession is on the cusp of a new era. Could it be the "Year of Women in Law"? With the strides women have made and the bright future ahead, it's clear that women will continue to play a central role in shaping the future of the legal profession.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A..</name>
				            </author>
            <title type="html"><![CDATA[Valentine’s Day and the Academy Awards almost always take place during the same month: February. But this year, the Academy Awards will be in March! I can barely keep up!]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2025/01/valentines-day-and-the-academy-awards-almost-always-take-place-during-the-same-month-february-but-this-year-the-academy-awards-will-be-in-march-i-can-barely-keep-up/" />
            <id>https://www.brownlawandtitle.com/?p=49663</id>
            <updated>2025-01-31T07:56:06Z</updated>
            <published>2025-01-31T07:44:37Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When I think about Valentine’s Day and the Academy Awards, I think about marriage and movies. Thinking about marriage and movies of course leads me to one almost perfect film: Cast Away (2000) starring Tom Hanks, Helen Hunt, and Academy Award® nominee, Wilson the Volleyball (as himself). I don’t know about you, but I long for the days when I…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2025/01/valentines-day-and-the-academy-awards-almost-always-take-place-during-the-same-month-february-but-this-year-the-academy-awards-will-be-in-march-i-can-barely-keep-up/"><![CDATA[When I think about Valentine’s Day and the Academy Awards, I think about marriage and movies. Thinking about marriage and movies of course leads me to one almost perfect film: Cast Away (2000) starring Tom Hanks, Helen Hunt, and Academy Award® nominee, Wilson the Volleyball (as himself).

 I don’t know about you, but I long for the days when I could watch a movie and simply enjoy it. For the first few decades of my life, I did just that. Once I became a lawyer, that all changed. 

I never once thought about the potential negligence and wrongful death claims that Kelly Frears (played by Helen Hunt) could have had against FedEx (and its deep pockets) following the disappearance of her boyfriend Chuck Noland (played by Tom Hanks) in what was presumed to be a plane crash.

 What’s that you say? Wrongful death is a cause of action that only the next-of-kin may bring? And since Kelly and Chuck were not married, Kelly has no standing? Well done, you zealous advocate! FedEx should hire you as its next general counsel.

<h2>But what if they were married? </h2>

If they had been married at the time of his disappearance, the marriage would have dissolved after he was declared dead by the court. In Florida, a person is presumed dead (1) if they’ve been absent from their last known domicile for a period of five years and (2) their absence is not satisfactorily explained after diligent search and inquiry.

 I know what you’re thinking, Counsel: Hey, wait a minute! Chuck was “only” on the island for four years and some change. Four-ish years ~quick math~ is less than five years, so he was still married to Kelly the whole time he was on the island! Did Kelly approve of her husband spending so much time on a beautiful island with Wilson (played by a Wilson® volleyball)? They sure spent a lot of time together. 

Hold the phone – Didn’t Kelly marry that guy from Law & Order? How could she marry him since she was already in a valid marriage? Isn’t that called bigamy and isn’t it illegal in each of the 50 states? (Yes). Couldn’t she face up to ten years in prison?? (Yes, under Texas law). It isn’t a good defense, but Kelly during her trial for felony bigamy, Kelly should scream: “HE WAS NEVER MARRIED TO ME ANYWAY! HE WAS MARRIED TO HIS JOB!!!” Case closed.

 Thankfully for Kelly unfortunately for Chuck, Florida law provides an exception to the five-year presumption of death clock in instances where the absent person was exposed to “a specific peril” (such as a plane crash). Such instances may be sufficient basis for a court to determine a person’s death “at any time” after the person’s exposure to the peril. Whew, that was a close one.

<h2><strong>What about the probate and estate planning issues?</strong> I’m glad you asked.</h2>

First, before Chuck’s doomed departure, Kelly gave (or loaned, depending on which one is my client) him a gold pocket watch that belonged to her grandfather. Chuck claims that the watch saved his life. I disagree, as I am of the opinion that it was the cargo ship that rescued him. 

Chuck eventually returned the pocket watch to Kelly, stating that it should remain in her family since it was her grandfather’s. Even Chuck knows the importance of keeping sentimental family heirlooms amongst blood relatives. 

Next, What about Chuck’s Jeep? Kelly just hands Chuck the keys … where’s the paperwork? Does he have insurance? When was the last time he had an eye exam? Was it paid off? If not, will the bank come and repossess it? Is that why she was hiding it in her garage? Maybe they jointly titled it even though they were not married? (Bad idea, by the way). 

When she loaned him the pocket watch, he also gave her a little box. We’re supposed to infer that it is an engagement ring. Where is it? Did she open it? I’m sure he needs some cash, so she really should give it back to him so that he can sell it at a pawn shop or something. 

Had he had a revocable living trust-based estate plan, Chuck could have provided for Kelly and could have required that were she to marry, her husband would need to sign a prenup to protect trust assets in the event of a divorce, creditor, or judgment. 

And even though revocable trusts become irrevocable upon the death of the trustmaker, Chuck would almost certainly be successful by petitioning a court to modify the trust. Likewise, the current trustee (assuming it’s Kelly) could transfer trust assets into a new trust with different terms through a process called “decanting.”

Tied through all of these movie examples are actual things that could happen to anyone. One thing’s definite: Cast Away would have been a lot less exciting if Chuck had planned his affairs properly. Chuck would have really benefitted from having a comprehensive estate plan. Except for the years that he was actually on the island.

The potential litigation that could have surrounded that pocket watch – say, by one of Kelly’s cousins who states that “grandpa would never have” given Kelly the pocket watch Can you imagine if FedEx wanted to be petty and go after Chuck for opening the packages that he recovered from the crash? Hopefully the person who sent those ice skates purchased insurance.

 because she’ll probably just “give it to some boyfriend who falls in love with a volleyball” – would have paid for many networking lunches at the yacht club.

 Who owns it? Yes, she might have possession of it, but was it given to her in exchange for her promise to marry him? Since they did not get married, should he sue to get the ring back? She’ll probably say that it can’t be located. Chuck probably can track down where he bought it from so that he can find out how much it would cost at the time and place that he made a demand for it.

“Grandpa would never have given you that watch. He always told me that he didn’t like you anyway. -- This is a family heirloom. Chuck is not related to Kelly by blood (so they’re not family) and they’re not related by While all of these issues are fun to think about, there are plenty of estate planning and probate issues to think about. After 4+ years on the island, Chuck returns home to Tennessee. There, he learns that his former dentist and Kelly have married So, she’s guilty of bigamy, isn’t she? Is bigamy still a crime in each of the 50 states? (Yes, it is). There is a I’m impressed! FedEx should give you a raise.

But he was only on the deserted island for four years! And he wasn’t even alone that whole time if you include the companionship he received from Wilson. Had Kelly remarried before her marriage to Chuck was dissolved by death or divorce, she would have been guilty of bigamy. As of my writing this in January 2025, bigamy is still a crime in each of the 50 states.

 Tort law and family law aside, as an estate planning and probate attorney, I am most offended by the apparent and flagrant disregard that Chuck had for his personal affairs. I mean, he obviously loved Kelly: we’re supposed to infer that the box that he gives her before his fateful flight is an engagement ring.

In <i>The Wizard of Oz</i>, probate pitfalls abound.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A..</name>
				            </author>
            <title type="html"><![CDATA[Who is responsible if someone makes a mistake during the probate process?]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2025/01/who-is-responsible-if-someone-makes-a-mistake-during-the-probate-process/" />
            <id>https://www.brownlawandtitle.com/?p=49656</id>
            <updated>2025-01-22T19:36:21Z</updated>
            <published>2025-01-22T19:36:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Navigating the probate process in Florida can be complex. Estates often include significant assets and complicated family dynamics. It is not uncommon for mistakes to happen during probate, leading to disputes and potential liability. But who is responsible when a mistake is made? In many cases, that burden rests with the personal representative. When is the personal representative liable for…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2025/01/who-is-responsible-if-someone-makes-a-mistake-during-the-probate-process/"><![CDATA[Navigating the probate process in Florida can be complex. Estates often include significant assets and complicated family dynamics. It is not uncommon for mistakes to happen during probate, leading to disputes and potential liability. But who is responsible when a mistake is made? In many cases, that burden rests with the personal representative.
<h2>When is the personal representative liable for a probate mistake?</h2>
The personal representative, formerly known as the executor, is responsible for guiding the estate through the probate process. This includes paying off the estate’s debts and distributing assets <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0733/0733.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">according to the will</a> or intestacy laws. Given their significant responsibilities, it is wise for personal representatives to move forward carefully when fulfilling this role. Examples of mistakes that could trigger liability include:
<ul>
 	<li><strong>Breach of fiduciary duty:</strong> Personal representatives owe a fiduciary duty to the beneficiaries and the estate. This duty requires them to act with honesty, loyalty, and in the best interests of the beneficiaries. Failure to uphold this duty, such as through self-dealing or negligence, can result in liability.</li>
 	<li><strong>Failure to follow procedural requirements:</strong> Florida probate law outlines specific procedures and deadlines that personal representatives must follow. Failure to adhere to these requirements, such as failing to properly notify creditors or distribute assets on time, can expose the personal representative to legal action.</li>
</ul>
Breaches like those discussed above can lead to beneficiaries <a href="https://www.brownlawandtitle.com/probate/" target="_blank" rel="noopener" data-wpel-link="internal">holding the personal representative personally liable</a> for financial losses.
<h2>What should a beneficiary do if they believe there was a mistake?</h2>
When a personal representative makes a mistake, beneficiaries have legal avenues to seek recourse. Beneficiaries can petition the court to hold the personal representative personally liable for losses resulting from their mistakes. In cases of serious misconduct or incompetence, beneficiaries can request the court to remove the personal representative and appoint a successor.

These remedies provide a mechanism for holding personal representatives accountable and protecting the interests of beneficiaries during the probate process.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A..</name>
				            </author>
            <title type="html"><![CDATA[New Year&#8217;s Resolutions: A Legal Perspective with a Twist]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2024/12/new-years-resolutions-a-legal-perspective-with-a-twist/" />
            <id>https://www.brownlawandtitle.com/?p=49632</id>
            <updated>2024-12-31T05:50:06Z</updated>
            <published>2024-12-31T05:47:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Ah, New Year’s resolutions! The time of year when we all pledge to become better versions of ourselves. We promise to hit the gym, eat kale, and finally learn how to play the ukulele. But let’s be honest, by mid-January, most of us are back to binge-watching TV shows and eating pizza. As a real estate and estate planning attorney,…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2024/12/new-years-resolutions-a-legal-perspective-with-a-twist/"><![CDATA[Ah, New Year's resolutions! The time of year when we all pledge to become better versions of ourselves. We promise to hit the gym, eat kale, and finally learn how to play the ukulele. But let's be honest, by mid-January, most of us are back to binge-watching TV shows and eating pizza. As a real estate and estate planning attorney, I’m here to tell you that while your gym membership might gather dust, your estate planning resolutions can have a lasting impact on your financial health and legacy. So, let’s dive into some resolutions that won’t fizzle out faster than your enthusiasm for kale smoothies.
<ol>
 	<li><strong> Update Your Estate Plan: Because Life Happens</strong></li>
</ol>
Unlike your resolution to run a marathon, updating your estate plan is something you can actually achieve. Life changes—marriage, divorce, new kids, new pets (yes, pets count too!). Make sure your will, trusts, and powers of attorney reflect your current situation. Trust me, your future self will thank you.
<ol start="2">
 	<li><strong> Organize Your Real Estate Documents: The Ultimate Decluttering</strong></li>
</ol>
Forget about Marie Kondo-ing your closet. How about organizing your real estate documents? Deeds, mortgage papers, property tax records—get them all in order. It’s like decluttering, but with a side of legal peace of mind. Plus, you won’t have to dig through piles of paper when you need that one elusive document.
<ol start="3">
 	<li><strong> Consider Real Estate Investments: More Fun Than a Treadmill</strong></li>
</ol>
Thinking about diversifying your investment portfolio? Real estate can be a great option. Whether it’s rental properties, commercial real estate, or REITs, these investments can offer stable returns and tax benefits. And let’s face it, it’s way more exciting than staring at a treadmill screen.
<ol start="4">
 	<li><strong> Plan for Property Transfers: Because You Can’t Take It With You</strong></li>
</ol>
You can’t take your property with you when you go, but you can decide how it’s transferred. Joint tenancy, tenancy in common, or setting up a trust—each has different legal and tax implications. Choose wisely, and your heirs will thank you (and maybe even name a pet after you).
<ol start="5">
 	<li><strong> Address Property Disputes Early: Avoid Neighbor Drama</strong></li>
</ol>
Got a boundary dispute with your neighbor? Address it early with the help of a real estate attorney. It’s like nipping a gym injury in the bud—deal with it now to avoid bigger problems later. Plus, you’ll keep the neighborhood BBQs drama-free.
<ol start="6">
 	<li><strong> Evaluate Your Insurance Coverage: More Important Than Gym Insurance</strong></li>
</ol>
Make sure your property insurance is up-to-date. Homeowners insurance, liability coverage, and any additional policies relevant to your properties are crucial. Unlike that gym membership you never use, this insurance can actually save you from significant financial loss.
<ol start="7">
 	<li><strong> Plan for Long-Term Care: Because Aging is Inevitable</strong></li>
</ol>
Consider the potential need for long-term care and how it will be funded. Long-term care insurance, Medicaid planning, and setting aside assets in a trust are all options. It’s like planning for your future gym membership—except this one you’ll actually use.
<ol start="8">
 	<li><strong> Engage in Regular Legal Check-Ups: Better Than a Physical</strong></li>
</ol>
Just like you schedule regular health check-ups (or at least plan to), have periodic legal check-ups. Meeting with your real estate and estate planning attorney annually or biannually ensures your plans remain current and effective. And unlike a physical, there are no awkward gowns involved.
<h2>Conclusion</h2>
While your resolution to lose weight and get back in the gym might not last past January, your estate planning resolutions can have a lasting impact on your financial health and legacy. So, this New Year, make resolutions that stick. Consult with a qualified attorney to navigate these complex areas and achieve peace of mind. And who knows, maybe this year you’ll actually stick to your gym routine too. Happy New Year! 🎉]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A..</name>
				            </author>
            <title type="html"><![CDATA[Getting legally organized might sound as fun as watching paint dry]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2024/12/getting-legally-organized-might-sound-as-fun-as-watching-paint-dry/" />
            <id>https://www.brownlawandtitle.com/?p=49631</id>
            <updated>2024-12-31T05:50:28Z</updated>
            <published>2024-12-31T05:47:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Getting legally organized might sound as fun as watching paint dry, but trust me, it’s crucial! Here’s how you can avoid that chaos and get your legal ducks in a row: Step 1: Make a Plan First things first, make a plan. Just like you wouldn’t build a house without blueprints, you shouldn’t tackle your legal affairs without a roadmap.…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2024/12/getting-legally-organized-might-sound-as-fun-as-watching-paint-dry/"><![CDATA[Getting legally organized might sound as fun as watching paint dry, but trust me, it's crucial! Here's how you can avoid that chaos and get your legal ducks in a row:

<strong>Step 1: Make a Plan</strong>

First things first, <strong>make a plan</strong>. Just like you wouldn't build a house without blueprints, you shouldn't tackle your legal affairs without a roadmap. Schedule time on your calendar to sit down and think about what you need to organize.

<strong>Step 2: List Your Assets and Liabilities</strong>

Create a comprehensive list of all your assets (bank accounts, real estate, investments) and liabilities (mortgages, loans). This will help you see the big picture and ensure nothing gets overlooked.

<strong>Step 3: Designate Beneficiaries</strong>

Make sure you've designated beneficiaries for your accounts and policies. This step is often overlooked but is essential for ensuring your assets go where you want them to.

<strong>Step 4: Choose Your Fiduciaries</strong>

Decide who will be in charge if you become incapacitated or pass away. This includes your executor, trustee, power of attorney, and healthcare agent. Choose wisely—this person will be handling your affairs when you can't.

<strong>Step 5: Organize Your Documents</strong>

Keep all your important documents in one place. This includes wills, trusts, powers of attorney, insurance policies, and financial statements. Make sure your family knows where to find these documents. You don't want them playing detective while dealing with an emergency.
<h2>Why It's Important</h2>
Being legally organized ensures that your wishes are followed and reduces stress for your loved ones during difficult times. It also helps prevent legal battles and ensures that your assets are distributed according to your wishes.

So, stop lying to yourself! Get organized now to avoid the "liar liar pants on fire" scenario later. Your future self (and your family) will thank you for it!

Need more specific advice? Consider consulting with a local estate planning attorney who can guide you through the process tailored to your unique situation at [nap_names id="FIRM-NAME-1"]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Brown &amp; Kimpton, P.A..</name>
				            </author>
            <title type="html"><![CDATA[How to Get an A+ on Your Financial Wellness Report Card: A Florida Real Estate and Estate Planning Attorney&#8217;s Guide]]></title>
            <link rel="alternate" type="text/html" href="https://www.brownlawandtitle.com/blog/2024/12/how-to-get-an-a-on-your-financial-wellness-report-card-a-florida-real-estate-and-estate-planning-attorneys-guide/" />
            <id>https://www.brownlawandtitle.com/?p=49630</id>
            <updated>2024-12-31T05:43:07Z</updated>
            <published>2024-12-31T05:43:07Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Ah, the good old days of report cards and the thrill (or dread) of seeing those grades. While we may not be back in high school, getting an A+ still counts, especially when it comes to your financial wellness. So, how do you ace your Financial Wellness report card and avoid getting sent to the principal’s office for flunking out?…]]></summary>
			                <content type="html" xml:base="https://www.brownlawandtitle.com/blog/2024/12/how-to-get-an-a-on-your-financial-wellness-report-card-a-florida-real-estate-and-estate-planning-attorneys-guide/"><![CDATA[Ah, the good old days of report cards and the thrill (or dread) of seeing those grades. While we may not be back in high school, getting an A+ still counts, especially when it comes to your financial wellness. So, how do you ace your Financial Wellness report card and avoid getting sent to the principal's office for flunking out? Here’s a humorous yet practical guide from a Florida Real Estate and Estate Planning Attorney’s perspective.
<ol>
 	<li><strong> Do Your Homework: Budgeting</strong></li>
</ol>
Remember those nights cramming for exams? Well, budgeting is your financial homework. Create a budget that tracks your income and expenses. Use apps or good old spreadsheets to keep everything in check. Think of it as your financial syllabus – follow it, and you’ll pass with flying colors.
<ol start="2">
 	<li><strong> Attend All Classes: Regular Financial Check-Ups</strong></li>
</ol>
Skipping class was fun until you missed a pop quiz. Similarly, regular financial check-ups are crucial. Review your bank statements, investment portfolios, and credit reports. Schedule these check-ups like you would a dentist appointment – nobody likes them, but they’re necessary.
<ol start="3">
 	<li><strong> Extra Credit: Emergency Fund</strong></li>
</ol>
Extra credit projects were a lifesaver in school. In the financial world, your emergency fund is that extra credit. Aim to save at least three to six months’ worth of expenses. This fund will keep you from failing when unexpected expenses pop up.
<ol start="4">
 	<li><strong> Group Projects: Estate Planning</strong></li>
</ol>
Group projects taught us the value of teamwork. Estate planning is your financial group project. Work with an attorney to draft a will, set up trusts, and designate beneficiaries. This ensures your assets are distributed according to your wishes and keeps your family from scrambling when you’re not around.
<ol start="5">
 	<li><strong> Avoid Detention: Pay Off Debt</strong></li>
</ol>
Detention was the worst, right? Debt is the financial equivalent. Prioritize paying off high-interest debt like credit cards. Use strategies like the snowball or avalanche method to tackle your debt efficiently. The less debt you have, the higher your financial GPA.
<ol start="6">
 	<li><strong> Participate in Extracurricular Activities: Invest Wisely</strong></li>
</ol>
Extracurriculars made your college application shine. Similarly, wise investments can boost your financial health. Diversify your portfolio with stocks, bonds, and real estate. Consult with a financial advisor to ensure your investments align with your goals.
<ol start="7">
 	<li><strong> Stay Out of the Principal’s Office: Legal Compliance</strong></li>
</ol>
No one wants to be called to the principal’s office. Ensure you’re compliant with all legal requirements, especially in real estate and estate planning. Keep your property deeds, titles, and legal documents up to date. This keeps you out of legal trouble and ensures smooth transactions.
<ol start="8">
 	<li><strong> Get a Tutor: Professional Advice</strong></li>
</ol>
Sometimes, we all need a little help. Don’t hesitate to seek professional advice from financial planners, accountants, and attorneys. They’re your financial tutors, guiding you to that A+.
<h2>Conclusion</h2>
Achieving an A+ on your Financial Wellness report card isn’t about being perfect; it’s about being prepared and proactive. By budgeting, saving, investing, and planning, you’ll not only pass but excel. So, sharpen those pencils (or open that budgeting app) and get to work. Your financial future is counting on it!

Remember, even though we’re not back in school, the lessons we learned still apply. And who knows? With a little effort, you might just make the honor roll of financial wellness. 🎓💰

If you have any specific questions or need further assistance, I'm here to help. Barbara Brown, Esq., [nap_names id="FIRM-NAME-1"]]]></content>
						        </entry>
	</feed>