When purchasing a business, there are many issues which need to be taken into account. This is true whether the buyer is purchasing the entity, such as a corporation or LLC, or just the assets. This blog entry is focused on what questions to ask when purchasing a...
Complex Legal Challenges
Estate Planning
Legal Challenges Facing Unmarried and Same-Sex Couples
Unmarried and same-sex couples face unique challenges under the law--especially when it comes to matters involving estate planning. When a couple live together but are not legally married, they essentially have little or no rights when it comes to certain...
Statutory Duties Under a Power of Attorney in Florida.
In recent years, Florida has "beefed up" Chapter 709, which sets forth the statutes governing Powers of Attorney. Among the directives contained in that chapter are certain duties which govern an agent authorized to act under a Power of Attorney. These duties apply...
Purchasing an Existing Business–Should You Buy the Assets or the Business Entity?
When considering purchasing an existing business, a common question arises regarding whether to purchase the assets of the business or to purchase the business entity itself. For example, if purchasing a small sandwich shop which is owned and operated by Acme...
Can My Agent Use My Durable Power of Attorney to Make Gifts or to Change Beneficiaries?
Estate planning clients sometimes ask whether the person (or "agent) named in their Durable Power of Attorney ("DPOA") has the power or authority to do certain acts regarding the principal's estate or assets. For example, can the agent named use the power of the DPOA...
How Do I Terminate a Durable Power of Attorney in Florida?
As an estate planning attorney, I am often asked what needs to be done to terminate a Durable Power of Attorney ("DPOA"). In Florida, there are two ways to accomplish such a termination. First, an existing DPOA can be terminated by executing a new DPOA which...
Is My Estate Taxable at My Death?
As an estate planning attorney, I often have clients ask whether their estate will be subject to taxation at the time of death. Answering this question is something that involves numerous considerations and therefore a person should seek specific legal and financial...
In Estate Planning, what does it mean if a gift or devise lapses?
In estate planning, a common phrase used in a Last Will & Testament or a Living Trust is that a gift or devise will "lapse." So what does this mean? In the estate planning context, when a gift lapses, it ceases or is extinguished. The lapsing of the gift is...
Saving Your Loved Ones’ Time, Money and Stress: Four Important Asset Categories
When a person dies resident in Florida, there are four basic categories into which each of their assets or properties fall. Experienced estate and probate attorneys know that where an asset falls among these categories will determine what action must be taken to...
Proving Undue Influence in Florida Will Contests
A "Will contest" is an action to challenge the validity of a Last Will and Testament. In Florida, perhaps the most common basis for challenging a Will is grounded on allegations of "undue Influence." Undue influence, such as would void a Will, has been defined to...