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Corporate & Business

Probate Administration

Dispelling the Myths of Reverse Mortgages in Probate


IntroductionA reverse mortgage is a means for elderly homeowners to pull funds from equity in their home without the need to make regular mortgage payments.[1] In a reverse mortgage, the lender provides funds to the homeowner in lump sum or periodic payments, ...
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Wills, Trusts, & Estate Planning

Estate Planning for Same-Sex Couples in Florida


LGBT couples and families face unique challenges in the probate process.In the LGBT community, the concept of a “chosen family” is prominent.[1] This is because members of the LGBT community are often estranged from their blood relatives and are less likely to...
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Probate Administration

Lost but not Forgotten: Lost Wills and How to Establish Them

Thomas Patricks

Sep 1, 2022


IntroductionA lost will is a will that a testator was known to have in their possession but cannot be found after they die.[1]In Florida, if a will is lost, the presumption is that the will was destroyed by the testator because the testator wished to revoke it...
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Real Estate & Land Use

Deed Fraud: Forgery, Damages & Remedies

Thomas Patricks

Aug 18, 2022


Under Florida law, a deed is a written instrument that creates, makes, grants, transfers, or releases an estate, a freehold interest, or an interest for a term of more than one year in, of, or out of any messuages, lands, tenements, or hereditaments.[1] Deeds ...
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Wills, Trusts, & Estate Planning

Understanding Testamentary Capacity in Estate Planning


What is Capacity?Capacity is the ability of someone to make rational decisions, and thus be accountable for their actions. Individuals with capacity are people with the power to make important life decisions in the eyes of the law; those with capacity are lega...
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Corporate & Business

What Are Articles of Incorporation?


In the state of Florida, any new company that intends to incorporate must file articles of incorporation with the Florida State Department. These will establish the business as its own entity, be it a C-Corp, S-Corp, non-profit, or other corporate structure. O...
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Corporate & Business

What Are the Essential Elements of a Contract?


How do Contracts and Agreements Differ?On any given day, a business owner (and their legal counsel) may be reviewing and discussing various contracts and agreements. The words ‘contract’ and ‘agreement’ are often used interchangeably, but they are not, in fact...
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Wills, Trusts, & Estate Planning

What is a Last Will and Testament?


A will (also called your last will and testament) is a legal document that allows you to state what should happen with your assets after you die.  It is important to remember that a will is a must for every estate plan, but it should always be used with other ...
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Wills, Trusts, & Estate Planning

What Types of Power of Attorneys Exist?


A power of attorney is a legal document that names an agent to act on your behalf. This person, known as an “attorney-in-fact” or power of attorney, can be authorized to work in many different situations and act for one time or all the time. For example, you m...
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Corporate & Business

Forming a Business in Florida: Choosing a Legal Structure

James White

Jun 26, 2022


Starting and Forming a New CompanyThere is a difference between simply starting a business and building a foundation for a lasting enterprise. The fact that you have made it to this point means you are likely more interested in starting a new business or expan...
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Real Estate & Land Use

How Long Does an Eviction Take in Florida?


An eviction is a legal process of removing a tenant from the rental property with an enforced court order.Residential evictions can be stressful in real estate, especially when it’s on a residential level. In the real estate industry, there is always something...
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Probate Administration

How To Use Estate Planning to Avoid Probate


While probate ensures full disclosure of a decedent’s real and personal assets, shortens the timeline for creditors’ claims, and reduces the risks of errors in a will, the disadvantages outweigh the benefits. The probate process is time-consuming, has higher e...
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Corporate & Business

What Is The Difference Between an S Corp and C Corp?


Key Takeaways:C corps have double taxation while S corps have pass-through taxation.C corps can have unlimited owners, while S corps are limited to 100 shareholders.C corps are the default entity you are assigned during registration.Setting up a business struc...
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Wills, Trusts, & Estate Planning

Wills vs. Trusts: What Are The Differences?


Key Takeaways:A will allocates how your estate should be distributed upon your death, while a trust is an arrangement giving a trustee the right to manage your estate once set upWith a trust, the owner of the assets (trustor) may continue holding and managing ...
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Wills, Trusts, & Estate Planning

Why Is It a Good Idea to Have Attorney Help You Write a Will?


Key TakeawaysA will is a document that highlights your wishes regarding the distribution of your properties.If you die without a will, the court will determine the distribution of your properties.The best way to prepare a will is through the help of an attorne...
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Corporate & Business

How To Avoid Using a Descriptive Trademark


Can you imagine spending years of your life working to build the perfect image of your company, products or services only to realize that you cannot successfully protect the brand that you have so carefully built? That is where the importance of selecting a tr...
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