Trusts & Estates
Can I Disclaim My Inheritance to Qualify for Medicaid in Florida?
Florida is home to a growing population of elderly people. With such a growth in
Elizabeth Fernandez
January 18, 2021
Real Estate Law
Landlord Remedies in Florida: Distress Writs
A landlord in a commercial or residential landlord-tenant relationship may enforce remedial acts against a tenant and the leased premises, in the event of default or breach. Upon a landlord deciding to evict his or her tenant, a distress writ may be obtained to substantially protect the landlords needs. Among this remedial measure, a landlord has the ability to receive a distress writ issued by the Clerk of Court, which authorizes the landlord to essentially put a lien on the tenant’s assets at the rental premises when he or she owes rent.
Eric Gros-Dubois
May 14, 2020
Government
Does Florida Have Small Business Certifications?
Miami-Dade County Small Business Programs In addition to the Federal and Florida government certifications, small
Eric Gros-Dubois
May 8, 2020
Government
What Miami-Dade Certifications Are Available For Small Businesses?
Florida Minority Business Government Programs Like the federal Small Business Association, the state of Florida
Eric Gros-Dubois
May 7, 2020
COVID-19
FLORIDA “REEMPLOYMENT ASSISTANCE”: Simple Answers to Common Questions Regarding Unemployment Claims and Benefits
Navigating the complex process of applying for reemployment assistance in the wake of an unexpected layoff is never a simple task. That difficult process is made even more complicated during a crisis that creates mass unemployment, such as the one which we are currently experiencing as a result of the ongoing COVID-19 pandemic. This guide is designed to answer some of the most commonly asked questions with regard to the Florida Reemployment Assistance program and to discuss changes in this area of law that have been made in light of the ongoing pandemic.
Silvino Diaz
May 1, 2020
Homestead Exemption
Can Foreign Non-Resident Investors Claim Florida Homestead Exemption?
The traditional rule is all individuals living in Florida with temporary visas may not be eligible to claim the Florida homestead exemption because their residency is based on a durational, temporary period. However, in 2012, the Florida Supreme Court put this constitutional issue before them in Garcia v. Andonie
Eric Gros-Dubois
April 22, 2020
Business Law
Does Motion for Extension of Time Waive Rights in Arbitration?
Revised Florida Arbitration Code The Revised Florida Arbitration Code was initially signed into law in
Oscar Gomez
April 22, 2020
COVID-19
Florida Coronavirus Executive Orders
Throughout March, Governor Ron DeSantis has issued multiple Executive Orders related to the COVID-19 outbreak. As of March 23, 2020, Governor DeSantis has issued seven Executive Orders directly related to the coronavirus pandemic.
Oscar Gomez
March 24, 2020
COVID-19
What Happens if my City Passes an Emergency Ordinance in Response to COVID -19 that is More Restrictive than My State’s Emergency Order? Which Law do I Follow?
When conflict between laws or orders issued from different levels of government exists, the law at the higher level will typically govern unless that law or declaration is found to be unconstitutional. For instance, when federal and state law is in conflict, the federal law will supersede, or preempt, the state law and take precedence due to the supremacy clause of the United States Constitution.
Eric Gros-Dubois
March 19, 2020
Business Law
Should you Lease Property to a Business?
Saving money on taxes is a great incentive to consider leasing your assets to a corporation. It is common for shareholders of corporations to lease real estate, equipment, and other property, such as vehicles, to the corporation, either directly or indirectly.
Eric Gros-Dubois
March 16, 2020
Business Law
What is an Operating Agreement?
The operating agreement for an LLC is imperative because it can outline all the company’s procedural and financial decisions. Although an operating agreement is not required in many states, most limited liability owners create an operating agreement as soon as they create their company. The operating agreement protects owners and sets out anything that has been orally agreed on.
Eric Gros-Dubois
March 16, 2020
Business Law
What is a Third-Party Purchaser?
When most people think of foreclosures, the two parties instantly discussed are the owner that is being foreclosed upon and the bank that is doing the foreclosing. However, when the property is headed to the auction block there is another party that comes into the picture: third party purchasers. When the bank lists the property at the foreclosure auction, a third-party purchaser often decides to buy the property if he or she believes it is a good deal. Third-party purchaser can take strategic risks and make money through legal loopholes.
Eric Gros-Dubois
March 13, 2020
Estate Planning
Can you Revoke or Amend a Trust?
Trusts allow a third party, or trustee, of your choosing, to hold assets on behalf of a beneficiary or beneficiaries. One of the great factors of a trust, is that trusts tend to avoid probate. Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process for your loved ones.
Niuris Bezanilla
March 13, 2020
Business Law
Can I be Fired if I Stay Home During the Corona Virus Panic?
Many employees across the world are contemplating staying home with the spread of the Corona Virus pandemic. If you are in an at-will state, your employer may have a lot of power if you decide to not to show up for work.
Aviv Asoulin
March 12, 2020
Business Law
How to Properly Dissolve a Florida Nonprofit Organization
When a nonprofit corporation decides to close its doors, there are steps that the organization must follow to legally terminate its operations or dissolve. Similarly, to for-profit corporations, nonprofit corporations must file Articles of Dissolution with the Florida Department of State. But that is not the final step.
Eric Gros-Dubois
February 27, 2020
Business Law
Can a Dissolved Company sue?
Voluntary dissolution is an action taken by shareholders or incorporators to dissolve a corporation. This process is typically initiated by a vote of the corporation’s stockholders. Under a voluntary dissolution, the company will stop to exist as a legal entity.
Eric Gros-Dubois
February 27, 2020
Business Law
Is it Legal to take Clients away from your Employer?
Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.
Eric Gros-Dubois
February 27, 2020
Estate Planning
Signing Your Will Under Seal
Generally speaking, signing under seal makes the contract more formal. “The formality of a promise under seal is an efficient, trustworthy method of channeling a person’s deliberate intent to be legally obligated”
Niuris Bezanilla
February 18, 2020
Business Law
Can a Florida Law Firm Operate as an LLC? Can I convert my PLLC to a PA?
“Lawyers may practice law in the form of professional service corporations, professional limited liability companies, sole proprietorships, general partnerships, or limited liability partnerships organized or qualified under applicable law.”
Eric Gros-Dubois
February 13, 2020
Civil Litigation
My Contractor Stole My Money! What is the Florida Construction Industry Recovery Fund?
If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund.
Oscar Gomez
January 17, 2020
Business Litigation
How do you Serve Process on Corporations?
Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.
Oscar Gomez
January 6, 2020
Business Law
The Ultimate Guide to Financial Securities for 2020 Part 2
Typically, a security that is exempt from registration is restricted in some way. See the first post on Restricted Securities, but keep in mind that some exemptions provide for other restrictions.
Eric Gros-Dubois
January 3, 2020
Estate Planning
Probate Assets vs. Non-Probate Assets
Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process, especially after such a difficult time. Non-probate assets avoid this long, costly process and pass directly to a decedent’s heirs.
Niuris Bezanilla
December 31, 2019
Civil Litigation
What is a Florida Construction Lien? What are the Preliminary Concerns?
Most contractors, subcontractors, laborers, material-men, or professionals hired to improve, or make improvements to, a property which cost more than $2,500 can file a construction lien.
Eric Gros-Dubois
December 31, 2019
Employment Law
Can My Boss Fire Me for No Reason?
If you live in an at-will state, you can be fired for no reason at all. However, if you are wrongfully terminated, you may be able to sue.
Oscar Gomez
December 23, 2019
Employment Law
Discrimination in the Workplace
Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.
Oscar Gomez
November 18, 2019
Employment Law
Is it Legal to Record Employees without their Knowledge in Florida?
Do you expect to have a camera watching you while you work? In Florida, for the most part, employers are allowed to record their employees. However, certain exceptions apply.
Oscar Gomez
November 4, 2019
Employment Law
Can my Employer Force me to show them my Social Media Account?
It seems rather absurd that any employer would dive into their employee’s privacy rights in such a way, nevertheless, what they are doing is completely legal (in about half of the United States).
Eric Gros-Dubois
November 1, 2019