Complex Legal Challenges
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...
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...
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...
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, 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...
Florida insurance law requires an insurance company to act in good faith in protecting its insured. This seems like a simple, self-evident principle. But what does it really mean in the context of a personal injury claim? Often the most common areas where questions...
The term "Subrogation" frequently comes up in personal injury cases, both in Florida and elsewhere. So what does subrogation mean and how does it work? In simplest terms, subrogation means that one person or party "stands in the shoes" of another as far as right to...
In personal injury law, a medical provider will often ask for a "Letter of Protection" from the attorney representing the injured person. So what is the attorney giving when they issue a "Letter of Protection" (also sometimes called an "LOP")? An LOP is a letter or...
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...
As estate attorneys, we often encounter a situation where a person is deceased and the original of their Last Will and Testament cannot be found. Often, the family suspects that the original has been lost or misplaced--not that it was intentionally destroyed by the...