Before you Sign that Deed: New Requirements for Florida Deeds & Other Documents Requiring Witnesses for Recording
Did you know that Florida has an important new law that creates a new requirement for documents being recorded in Florida Statute 695.26 (1) (c). Click here to find out how this change impacts you and why expert legal guidance from Deere Law Firm is essential to ensure your documents are accurately prepared and recorded, safeguarding your future.
Before you Sign that Deed: New Requirements for Florida Deeds & Other Documents Requiring Witnesses for Recording
As we step into the new year, an essential legislative update has come into effect that directly impacts the process of creating and recording legal documents in Florida. Effective January 1, 2024, a critical amendment to Florida Statutes Section 695.26 (1) (c) now mandates more stringent requirements for the witnessing of instruments. This change underscores the importance of meticulous attention to detail in legal document preparation—a core value we uphold at Deere Law Firm.
Understanding the New Requirement
The recent amendment specifies that for any instrument to be validly recorded in the county records, the name of each witness must be legibly printed, typewritten, or stamped directly below their signature. Moreover, a crucial addition to this requirement is the inclusion of the post office address of each witness alongside their name and signature.
What Happens in the event of Non-Compliance
It's important to note the unfavorable consequences of overlooking this new requirement. Documents lacking the required witness addresses, even if inadvertently or electronically recorded, may face removal from the records. This not only poses a significant risk of invalidating the document's legal standing but also introduces the potential for complex legal challenges down the line.
Such non-compliance could lead to expensive probate issues after death, where the one may try to transfer a property via a deed to avoid probate, the invalid deed could lead a family of a deceased person straight to the lengthy and expense court process of probate.. The absence of a properly witnessed and recorded document can void the transfer of assets, leading to unnecessary legal battles, financial strain, and emotional distress for your loved ones.
Don’t Trust your Family’s Future to DIY
At Deere Law Firm, we understand the gravity of these changes and the implications they carry for our clients. Unfortunately, some try to transfer property as part of a Do-It-Yourself (DIY) estate planning. This witness requirement is just one of many requirements an experienced estate planning attorney can guide your family to ensure protection of your family wealth and legacy. Ensuring the accuracy and legality of your documents is not just about compliance; it's about protecting your future and that of your loved ones. Our team is here to guide you through the intricacies of these new requirements, offering expert advice and assistance in preparing, reviewing, and recording your legal documents.
Whether it's a deed, a will, or any other instrument requiring witnessing, our attorneys possess the knowledge and experience to ensure your documents meet all legal standards. We encourage you to reach out to us for any questions or assistance you may need. Let us help you navigate these changes with confidence, ensuring your legal documents are beyond reproach.
Stay Empowered and Protect your Legacy
Staying informed is key to safeguarding your legal rights and interests. The Deere Law Firm is committed to providing our clients with timely updates and professional support to navigate these changes. Remember, the peace of mind that comes with well-prepared legal documents is invaluable. Contact us to schedule your new consultation or a review of your documents.
