Complex Legal Challenges
As estate attorneys, we commonly see situations where a family member comes to us after their relative has died. They'll explain that their relative died owning property or a bank account and they want to know whether they can use the deceased person's Durable Power...
What happens if a disabled or physically incapacitated person wants to have a Will, Trust or other estate document but is incapable of signing the instrument for his or herself? Does that mean that they're out of luck? Fortunately, the answer in Florida is "no."...
Quite commonly, after their loved one has died clients come to us as estate attorneys and they tell us that a bank or other financial institution is asking for "Letters of Administration." When that happens, the client will ask us how do they get such...
As an estate lawyer, it is not uncommon to have clients ask that their Will or Trust be prepared directing that their primary residence (i.e. their homestead) be sold upon their death. Often their motivation will be to avoid disputes among their children over the...
In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many...
The laws in Florida governing homestead real property can be complex and confusing. This is particularly true when the homestead is titled in the name of only one spouse who dies and does not leave a Will or Trust devising the homestead to the surviving spouse....
Employers sometimes ask their employees to sign non-compete agreements which limit the employees from competing against the employer after their employment ends. These agreements are sometimes referred to as "covenants not to compete." In other words, if a person is...
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...
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...
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...