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Title FAQs2025-10-13T19:50:31+00:00

Title FAQ’s.

Questions are bound to come up during the closing process. Here we share our answers to some of the most frequently asked questions we get asked about title insurance and the closing process. Still have question? Don’t hesitate to call us at 941-778-7721

Can you contest a will without a lawyer?2025-10-31T13:40:53+00:00

While Florida law technically allows a person to represent themselves in court (known as ‘pro se’), it is not advisable when contesting a will.

A will contest is not a simple administrative hearing; it is a formal, complex lawsuit, also known as probate litigation. You would be responsible for navigating the strict Florida Rules of Civil Procedure and the Rules of Evidence, including tasks like filing motions, conducting depositions, and properly submitting evidence to the court.

The opposing side will almost certainly be represented by an experienced attorney. Facing them alone creates a significant risk of having your case dismissed on a technicality before it is ever heard. To understand the legal complexities of your case, contact Barnes Walker LawFirm for a consultation.

How much does it cost to contest a will?2025-10-31T13:41:03+00:00

There is no set price, as the cost to contest a will in Florida depends entirely on the complexity of the case. The only way to estimate the potential cost is for us to first conduct a thorough examination of your specific situation.

The total expense is influenced by factors such as the legal grounds being argued, the amount of evidence we must gather (like medical records or financial documents), and whether the case can be resolved in mediation or must proceed to trial.

We can discuss all fee structures, from hourly retainers to potential contingency fee arrangements, during your initial consultation. This allows us to provide a transparent overview of the options that make sense for your case. Contact Barnes Walker Law Firm to schedule a review.

What are the chances of contesting a will and winning?2025-10-31T13:41:10+00:00

It is not possible to state the ‘chances’ of winning a will contest, as the outcome of any case depends entirely on the specific facts and available evidence.

In Florida, ‘winning’ means successfully proving to the court that the will is invalid based on specific legal grounds, such as undue influence, lack of testamentary capacity, or improper execution. The strength of a case is determined by the quality of the evidence, which may include medical records, witness testimony, and financial documents.

If you would like an experienced Florida probate attorney to review the specific facts of your situation, contact Barnes Walker Law Firm for a consultation.

What is Title Insurance?2025-09-27T15:22:46+00:00

Title insurance is an agreement to indemnify the policy holder against damage or loss from a defect in title to a specific parcel or real property.

What does Title Insurance protect?2025-09-27T15:23:54+00:00

Title insurance protects against claims resulting from various defects which may exist in the title to a specific parcel of real property effective on the issue date of the policy.

Who pays for closing costs?2025-09-27T15:23:41+00:00

Usually this agreement is based on the customary practice in your area. In some areas the buyer will pay while in others the seller will pay. In some places, the seller will pay for the owner’s title policy and the buyer will pay for the lender’s policy. In every case, who pays for closing costs is a matter of agreement between the buyer and seller.

What does Title Insurance cost?2025-09-27T15:24:25+00:00

The premium for title insurance is paid only once, at closing; but the protection continues even after you sell the home. The cost is based upon the purchase price and can range from a few hundred to over a thousand dollars. Your owner’s policy will be issued in an amount equal to the purchase price of the property or, in some circumstances, its market value.

What is a 1031 Exchange?2025-09-27T15:24:51+00:00

A 1031 Exchange is named after Section 1031 of the US Internal Revenue Code. It allows a qualified investor to defer capital gains tax when selling an investment property, provided they reinvest the proceeds into a “like-kind” property.

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Barnes, Walker, Goethe, Perron, Shea & Johnson, PLLC is located in Bradenton, FL and serves clients through all of Florida and concentrated in and around Palmetto, Bradenton, Ellenton, Tallevast, Longboat Key, Sarasota, Terra Ceia, Parrish, Cortez, Myakka City, Bradenton Beach, Holmes Beach, Ruskin, Anna Maria, Sun City Center, Osprey, North Port, Wimauma, Venice, Laurel, Nokomis, Hillsborough County, Manatee County, Pinellas County and Sarasota County.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com and Martindale.com

AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE

THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC (“BWGPSR”). However, BWGPSR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc., is wholly owned in equal shares by two of the three principals of BWGPSR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.

Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc., for the issuance of a title insurance policy and other settlement services as part of BWGPSR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.

THERE ARE FREQUENTLY OTHER TITLE INSURANCE AND SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.

By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, and Barnes Walker Title, Inc., and that the stated principals of BWGPSR and Barnes Walker Title, Inc., may receive a financial or other benefit as the result of the referrals stemming from this business relationship.

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