Trusts & Estates
What is an Emergency Temporary Guardian?
An emergency temporary guardian is the predecessor to the appointment of a guardian. It allows
Niuris Bezanilla
December 12, 2020
COVID-19
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.
Eric Gros-Dubois
December 9, 2020
COVID-19
Can a Business Owner in Florida Require Patrons to Wear a Mask?
Yes, businesses that are open to the public are responsible for complying with legitimate safety requirements. Thus, a business may enforce policies and restrictions for the safety, comfort, and peace of mind of other people.
Eric Gros-Dubois
December 8, 2020
Tax Law
What Forms Do Foreign Individuals and Entities Need to Complete When Investing in The United States?
Miami is home to many foreign individuals and foreign companies that do business in Florida
Eric Gros-Dubois
December 8, 2020
Trusts & Estates
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.
Elizabeth Fernandez
December 4, 2020
trademark
Can I Bring a Lawsuit Under the Lanham Act if I Don’t Have a Registered Trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one seller from those of others. It is essentially a brand name. It is not to be confused with a service mark, which is used to identify and distinguish the source of a service rather than goods.
Eric Gros-Dubois
November 25, 2020
Trusts & Estates
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.
Elizabeth Fernandez
November 18, 2020
Estate Planning
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.
Eric Gros-Dubois
November 17, 2020
Documentary Stamp Tax
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.
Eric Gros-Dubois
November 17, 2020
COVID-19
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.
Eric Gros-Dubois
November 17, 2020
protection
Does the Federal Trade Commission Impose Regulations on Credit Repair Companies?
Yes, as part of its broad authority to protect consumers, the Federal Trade Commission (FTC) enforces the Credit Repair Organizations Act (CROA) which specifically relates to credit repair services. This act regulates the behavior of companies offering credit repair services to consumers.
Eric Gros-Dubois
November 10, 2020
Real Estate Law
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.”
Eric Gros-Dubois
November 10, 2020
Tax Law
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.
Alex Cruz
November 10, 2020
Family Law
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.
Eric Gros-Dubois
November 5, 2020
protection
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.
Samuel Gittle
November 4, 2020
Contract
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.
Eric Gros-Dubois
November 3, 2020
Real Estate Law
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.
Eric Gros-Dubois
November 3, 2020
Civil Litigation
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.
Oscar Gomez
November 2, 2020
Contract
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.
Eric Gros-Dubois
October 28, 2020
Real Estate Law
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.
Oscar Gomez
October 27, 2020
Contract
What is a Fictitious Name or “DBA” in Florida?
Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”
Eric Gros-Dubois
October 27, 2020
Trusts & Estates
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.
Elizabeth Fernandez
October 23, 2020
Tax Law
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.
Alex Cruz
October 15, 2020
Business Law
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.
Eric Gros-Dubois
October 15, 2020
Business Law
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.
Eric Gros-Dubois
October 13, 2020
Estate Planning
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.
Niuris Bezanilla
October 8, 2020
Employment Law
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.
Eric Gros-Dubois
October 7, 2020
Real Estate Law
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.
Eric Gros-Dubois
October 1, 2020