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EPGD Law Blog

COVID-19 EVICTION
COVID-19
Eric Gros-Dubois

Termination of Tenancy at Will in Florida

During these trying times due to COVID-19, many Miami residents have been out of work for months, making it nearly impossible to keep up with rent payments. Many of these Miami residents are being evicted. In some cases, these tenants have reached the end of their lease or do not have a written lease. The lack of a written lease may give the landlord the impression they can evict the tenant whenever they want, but Florida law states differently.

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Woman Holding Mothers Hand
Trusts & Estates
Elizabeth Fernandez

What is a Revocable Trust in Florida?

A revocable trust is created to manage assets during the lifetime of the person who created it, a grantor, and to distribute any remaining assets upon the grantor’s death. The grantor may name a trustee, which is the person who will be responsible for managing the trust assets or appoint himself to do so.

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Holographic Wills
Trusts & Estates
Elizabeth Fernandez

Can I Handwrite my Will?

One of the conveniences of drafting a will is knowing that you can handwrite one yourself. With just one caveat, only about half the states recognize a handwritten as valid. A holographic will is a will that has been written by hand by the person that is establishing the will, known as a testator. A holographic will is different from a standard will because it is typically neither notarized nor signed by two witnesses and handwritten.

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Signing a Deed
Estate Planning
Eric Gros-Dubois

How Can my Spouse Inherit My Real Property if They Are Not on the Deed?

In Florida, it is not uncommon for spouses to hold title to property separately, especially if that property was acquired outside or prior to the marriage. However, it becomes particularly problematic when that spouse passes away, because many times the surviving spouse is not included on the title, which then requires a probate proceeding to transfer legal title to them.

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Foreign Investing
Documentary Stamp Tax
Eric Gros-Dubois

Foreign Investing in Florida Real Estate

Foreign investing has seen a dramatic increase the last several years. Florida has been one of the more prominent locations where such foreign investing occurs, specifically in real estate. Miami, in particular, contains a lucrative real estate market where many investors from all over the world come to invest. It is imperative that these foreign investors are aware of the various implications when acquiring property with a particular holding structure and properly plan their investments.

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Covid-19 employer aid and tax credit
COVID-19
Eric Gros-Dubois

COVID -19 Employer Aid & Tax Credits

The COVID-19 pandemic has been looming over businesses and employees for a majority of the year. Florida businesses have been greatly affected and unemployment numbers have increased substantially throughout the pandemic. Miami businesses, in particular, were greatly affected due to county wide quarantine shutdowns and curfews. Many of these businesses that have been severely impacted by the pandemic will qualify loans through the CARES Act and two new employer tax credits.

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Couple looking at lease
Real Estate Law
Eric Gros-Dubois

Florida’s Eviction Moratorium has Expired. Now What?

In March, due to the coronavirus pandemic and the economic disadvantage it placed many Floridians, the Governor of Florida issued a moratorium on all mortgage foreclosure and eviction causes of action in the state. Although this executive order has now expired, the Centers for Disease Control and Prevention (CDC) has released a new order, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”

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Gift to Family
Tax Law
Alex Cruz

Can You Deduct the Costs of Gifts from Your Business Income?

Certain gifts made during the course of the year can be deducted from your business’s taxable income. Of course, the IRS provides several limitations and exceptions, such as a $25 maximum per recipient and exclusion of gifts which are branded with the giver’s name or logo.

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Divorce in Florida
Family Law
Eric Gros-Dubois

How Do I File for Divorce in Florida?

Every state has its own significant divorce laws and regulations. Florida is a no-fault state, meaning that there does not need to be a party at fault for the divorce. The spouse asking for a divorce simply needs to claim that the marriage is “irretrievably broken.” It is important to note, that when filing for divorce, Florida has its own residency requirements. The spouse filing for divorce has to have lived in the state for at least six months prior to initiating a divorce. However, there is one exception to this rule.

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EPGD Law Consumer
protection
Samuel Gittle

What is the Florida Consumer Collection Practices Act (FCCPA)?

The Florida Consumer Collection Practices Act (FCCPA) limits the method in which debt collectors and creditors interact with consumers when attempting to collect a debt. The act prohibits creditors and debt collectors from using abusive, unfair, or deceptive tactics when collecting debt from consumers. Additionally, it provides a right to bring litigation against wrongdoers and to recover damages and attorneys’ fees.

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domesticating LLC
Contract
Eric Gros-Dubois

Can I Move My Limited Liability Company (LLC) From One State to Another? 

If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.

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Security Deposit
Real Estate Law
Eric Gros-Dubois

Statute of Limitations on Landlord Tenant Security Deposit Disputes

A security deposit is a refundable fee that a new resident gives to their landlord in addition to advance rent payment. The security deposit is essentially an insurance on the property in the event that the tenant causes any damages made by the tenant that exceeds ordinary wear and tear.

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women signing contract
Civil Litigation
Oscar Gomez

When May a Landlord Withhold a Tenant’s Security Deposit?

A security deposit is a refundable fee a landlord takes from a tenant at the start of a lease term. Landlords may withhold security deposits for several reasons, such as protection against damage to the premises, to cover a loss due to non-payment of rent, or to cover unpaid utilities once the tenant has vacated the premises.

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Documentary Stamp Tax
Contract
Eric Gros-Dubois

What is the Florida Documentary Stamp Tax?

The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.

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Foreclosure EPGD
Real Estate Law
Oscar Gomez

What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?

In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.

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Sr. Trust and Estate
Trusts & Estates
Elizabeth Fernandez

Florida’s Slayer Statute

One of the most bone-chilling and eerie probate laws in Florida is the “Slayer Statute”. Essentially, slayer statutes prevent murderers from inheriting from their victims. The majority of the states in the U.S. have enacted statutes preventing someone from inheriting from an individual whose death they have caused, but specific rules and provisions vary from state to state on how the Slayer statute is applied. 

For example, some states vary on whether an insanity defense is taken into account on the topic of inheritance and probate. Other distinctions include whether the “slayer” committed an intentional homicide and not a manslaughter, whether a criminal conviction is required for the Slayer statute to be applied in the probate context, and whether the heirs of the “Slayer” are also disinherited. 

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EPGD Tax Law
Tax Law
Alex Cruz

What is a Like-kind Exchange?

A like-kind exchange (also referred to as a 1031 exchange or Starker exchange) can help lower your current tax bill by deferring the tax due on the sale of your property.

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EPGD PPP Loan
Business Law
Eric Gros-Dubois

Your Questions About PPP Loan Forgiveness Answered

With the SBA’s release of the simplified PPP Loan Forgiveness Application, business owners are trying to navigate all the available options for PPP loan forgiveness. Here are some common questions with answers according the SBA’s regulations as of October 13, 2020. Please note that the SBA’s requirements and application process for PPP Loan Forgiveness are constantly evolving, thus you should always double check that this information is consistent with the current guidelines provided by the SBA.

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EPGD PPP Loan
Business Law
Eric Gros-Dubois

The SBA Announces New, Simplified Loan Forgiveness Application

As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.

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EPGD Estate Planning
Estate Planning
Niuris Bezanilla

How Will My Heirs Inherit From Me?

A topic that comes up often in estate planning is how to divide up estate assets among beneficiaries. “Should I divide up my inheritance?” “Should one child get more than the other?” As estate planning attorneys, our role is not just to prepare documents and make sure things are in place for our client’s wishes and intentions to be carried out, but to also counsel and advise our clients on the best strategies given their unique situations.

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EPGD Law Employment
Employment Law
Eric Gros-Dubois

What If I Was Furloughed In Florida?

According to Section 110.107(11) of the Florida Statutes, “Furlough” means a temporary reduction in the regular hours of employment in a pay period, or temporary leave without pay for one or more pay periods, with a commensurate reduction in pay, which is necessitated by a projected deficit in any fund that supports salary and benefit appropriations.

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EPGD Real Estate Law
Real Estate Law
Eric Gros-Dubois

When May a Landlord Withhold a Tenant’s Security Deposit?

A security deposit is a refundable fee a landlord takes from a tenant at the start of a lease term. Landlords may withhold security deposits for several reasons, such as protection against damage to the premises, to cover a loss due to non-payment of rent, or to cover unpaid utilities once the tenant has vacated the premises.

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