Legal FAQs
Questions asked by the public about Florida law.
Wills & Trusts
How Much Can a Florida Trustee Be Paid?
When a trust does not set the trustee's pay, section 736.0708, Florida Statutes, entitles the trustee to compensation that is reasonable under the circumstances. When the trust does set it, the trustee is paid as stated, but a court may allow more or less in limited cases.
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Business
How Is a Trademark Registered in Florida?
A person using a trademark or service mark in Florida may apply to register it with the Florida Department of State under section 495.031, Florida Statutes. A registration lasts 5 years and may be renewed for successive 5 year terms under section 495.071.
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Business
What Is the Difference between Member Managed and Manager Managed LLCs in Florida?
Under section 605.0407, Florida Statutes, every Florida LLC is member managed unless its articles of organization or operating agreement expressly provide that it is manager managed. In a member managed LLC the members run the company, and in a manager managed LLC the managers decide company matters.
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Civil Litigation
How Is the Florida Judgment Interest Rate Set?
The Florida judgment interest rate is set by the Chief Financial Officer each quarter under section 55.03, Florida Statutes. The rate equals the average Federal Reserve Bank of New York discount rate for the prior 12 months plus 400 basis points, and the current figure is posted on the Department of Financial Services website.
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Business
What Is the Difference between Articles of Organization and Articles of Incorporation in Florida?
Articles of organization are filed to form a Florida limited liability company under section 605.0201, Florida Statutes. Articles of incorporation are filed to form a Florida corporation under section 607.0202, and they must state items that LLC articles do not, such as the number of shares the corporation is authorized to issue.
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Wills & Trusts
Does a Beneficiary Designation Override a Will in Florida?
In most cases, yes. Assets such as life insurance, payable on death bank accounts, and securities registered in transfer on death form pass to the named beneficiary under Florida statutes and the account contract, so a will generally does not control them unless the estate is the named beneficiary.
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Real Estate
How Long Does a Lis Pendens Last in Florida?
A notice of lis pendens in Florida expires 1 year after the lawsuit is commenced under section 48.23(2), Florida Statutes. The 1 year limit does not apply when the pleading shows the claim is founded on a duly recorded instrument or a construction lien under part I of chapter 713, and a court may extend the time for good cause.
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