Month: December 2013

Summary Administration and Formal Administration

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probate-administration

When making sure your estate planning is in order and preparing your estate for the probate process, it is important to consider both summary administration and formal administration.

Probate proceedings are the way in which your estate is processed through the legal system after you have died. There are generally two parts of the probate process – one part is the paying off debts and the second part is the transferring of your assets to beneficiaries. Depending on these specifics of your estate, you will enter into either summary probate administration or formal probate administration.

Summary administration, in the probate process, refers to when the assets of a person’s estate are less than $75,000, excluding property, and all creditors have already been paid. A judge usually determines if the will left by the deceased is valid. If it is deemed valid, the estate is administered as to the deceased’s wishes. The summary administration probate proceedings generally take between four to six weeks.

Formal administration, in the probate process, refers to the process when you have creditors and they are given a period of time where they can file their claims, noting the debts you have left behind. During the formal administration, these debts will be paid and then the balance of the money will go to the beneficiaries of the estate. This formal probate administration process usually takes between four to six months.

Certain properties, such as cars and homesteaded residences are exempt from the probate process and may also require special proceedings to transfer them.

The attorneys at Reinfeld & Cabrera, P.A. will help you plan your estate and prepare for the probate process, whether your estate would enter into summary administration proceedings or formal administration proceedings. We will provide you with a personalized approach to the probate process, offering expert counseling and guidance along the way while preparing your estate, and to your family while going through the probate process.

Do You Require Community Association Law Attorneys?

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There are more than 60,000 shared ownership communities in Florida and these need to be represented by a community association law attorney. Reinfeld & Cabrera, P.A. can represent a community association as we have the knowledge and experience to help with property law issues, land use and zoning, contract law, commercial and business litigation, foreclosure and even with mediation.

A community association law attorney can help a homeowners or condominium association draft contracts and advise on property rights matters. We can help homeowners or condominium association association members understand their responsibilities and advise on how to enforce community rules.

When Reinfeld & Cabrera, P.A. represent a community association, such as a homeowners association, they help the association understand the parameters for how their power can be executed to enforce the rules of the community. Community association law and the attorney representing the association, makes sure that the board is acting in ways that comply with the governing law.

It is important to remember that a community association law attorney does not represent the members of the homeowners association, or even the board, but rather the attorney represents the corporation itself. We are experienced in many issues impacting homeowners associations, from collections and foreclosures, enforcement of rules and regulations, to mediation, and when necessary, litigation.

The communication association law attorneys at Reinfeld & Cabrera, P.A. will provide affordable and knowledgeable legal advice to your community association so your association can make the best, legal decision on the issues that impact your community.

Discussion on How Demand Letters May Resolve Disputes

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When dealing with business matters, disagreements can arise and you will be glad you have business and commercial litigation attorneys on your side to represent your interests. Sometimes a well-written demand letter from a knowledgeable attorney can help you avoid litigation and bring forth a quicker resolution to the business disagreement.

A formal demand letter can be written by a business and commercial litigation attorney, such as those at Reinfeld & Cabrera, P.A. It can be a powerful tool that demands payment, or a specific action, from the other party who is currently in a dispute with the client. The letter documents the dispute, outlines the action or payout the client is seeking, and requests that the action or payment be executed within a specific timeframe or else a lawsuit will be filed.

A well-written demand letter can help a client receive the payment they are looking for, or the specific action, without any further action or litigation. Knowledgeable business and commercial attorneys know exactly how to craft this document in order to best get the desired response from the party.

Before having your business and commercial litigation attorney draft a demand letter, it is important to think about how this action will impact the business relationship you have with the other party. Will you be trying to maintain a business relationship after the issue is a resolved? This type of consideration will help determine what tone the business and commercial litigation attorneys at Reinfeld & Cabrera, P.A. use in the demand letter.

It is always wise to have business and commercial litigation attorneys representing your interests. When issues arise that impact your company, you know they are there to provide you with expert counsel and, when necessary, represent your interests in the court room.

When Buying a Property, Ensure You Have an Attorney Present to Represent Your Interests

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real-estateWhile securing a real estate attorney when buying a home can add thousands of dollars to your transaction, it is always money well spent to make sure your interests are being represented during the closing.

One area where a real estate attorney is necessary is when drawing up the contract, as the buying and selling of the house transaction must be documented in a legally binding contract. Your attorney will review the contract, making sure there are no issues that will impact the client and also ensure the transaction follows all state laws.

A real estate attorney can also help you negotiate repairs with the sellers based on the outcome of the home inspection report. What if you find out the air conditioner is no longer working? Or the washing machine? Or the roof has some serious issues? Your attorney will make sure the repairs are done by the seller, or that the asking price is adjusted to compensate for the results of the inspection.

You also need your real estate attorney to do a title search to make sure the property in question has no liens or judgments again it. This is extremely important because this search determines whether or not the person trying to sell the house has the legal right to do so.

There are often other requirements for a real estate attorney, such as filing deeds, among other things. Having a professional, knowledgeable real estate attorney to represent you when buying a home can reassure you that there is someone looking out for your best interests during the complex process of house buying.

While you always hope the real estate transaction of buying your home will be standard and problem free, when something does come up you will be glad to have an experienced attorney’s guidance. What if during the transaction you find out the in-law suite in the home you are buying was added illegally? What if you discover you are buying a property that could potentially have structural issues? Are you buying a short sale property and have questions about the process?

These questions and other issues should only be answered by a knowledgeable attorney in the state you are buying the home. Our goal, at Reinfeld & Cabrera, P.A., is to represent our client through an uneventful transaction.

Differences Between Will and Trust

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Differences Between Will and Trust

When you are getting your estate in order and doing all of the necessary planning, it is imperative you work with someone you can trust to can explain to you all of the complexities in the estate planning process, such as the differences between a will and a trust.

The estate planning that happens at the law offices of Reinfeld & Cabrera, P.A. involve a counsel of professional advisors who have knowledge of and understand your goals and concerns, know of all of your assets and are familiar with your family structure. This group can consist of your lawyer, accountant, financial planner, and banker, just to name a few.

After you pass away, you want to make sure your estate planning covers the transfer of your property, as well as a variety of other personal matters. Both a will and a trust are important estate planning tools and whether you should establish a will or a trust, or both, depends on different factors.

A will goes into effect after a person dies. This document generally names a person to carry out the wishes of the person who made the will, and also names who will receive the person’s property. A trust, on the other hand, is in effect as soon as a person creates the trust as part of their estate planning. With a trust, property can be appointed to someone before the person dies, when they die, or even dated at a specific time following the death. A trust is an arrangement where a person, also called a trustee, holds property for the good of a beneficiary.

A good estate planning team will also explain to you that another difference between a will and a trust is that a will needs to pass through probate and will become public during this process. A trust can often save time and money as it does not need to go through the probate process, keeping the trust information private.

Reinfeld & Cabrera, P.A. can help you with your estate planning and further explain the differences between a will and a trust. We can make sure we set up exactly what is needed for your specific circumstances, ensuring that your estate is cared for in the manner you wish.

Business Preparation and How Doing a Contract Properly Can Help Avoid Litigation in the Future

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business-preparation

When you are about to make a business deal, whether it be a partnership, an acquisition, a merger, a lease on property, or anything else related to your business, you will want to have someone you trust and who knows the ins and outs of business law on your side. The value in having an attorney who practices business law working with you is that your company will be protected from any future disputes, hopefully avoiding litigation altogether.

The business world and business law can by complex and there are many pitfalls that can impact a business if you have not protected yourself properly. Having an experienced attorney draw up a contract for you will go a long way in helping you protect your business and avoid any future disputes.

The business law attorneys at Reinfeld & Cabrera, P.A. will protect your interests, whether you are a small business, a new start-up, or even an international corporation. We will provide excellent representation and counsel for the formation of business entities, partnership/shareholder/operating agreements, contract negotiation and preparation, sales disputes and litigation, and breaches of contract.

A properly drafted contract will use business law in order to limit a company’s liability, divide up business risks, determine responsibilities and define obligations and expectations, among other things. It aims to protect your company should a disagreement arise or a breach of contract occur. It also aims to properly avoid a lawsuit in the future by negotiating now.

We want you to be able to focus on achieving success for your company, without worrying about the intricacies of business law. The business world is full of agreements and it is important to make sure these written documents represent your enterprise the best way possible when contracts need to be legally enforced in a court of law.

We will make sure your company’s interests are well protected in all business-related areas, allowing you to concentrate on the success and growth of your business. Let the experienced attorneys at Reinfeld & Cabrera, P.A. focus on the business law.

The Truth about Security Deposits

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scary-truths-about-security-deposits

If you are a Florida landlord who is considering making some evictions, it is important to understand all of the rules about security deposits that exist in our state, and also what specific laws might be ruling in the city where your rental property is located.

When considering evictions due to unpaid rent, Florida landlords may be able to take money from the security deposit to cover the missing rent or to cover damage to the property if it is over and above what is considered normal wear and tear. Also, your specific lease agreement might stipulate other violations that would make it legal for a landlord to take money from the security deposit.

Knowledgeable real estate attorneys, such as those from Reinfeld & Cabrera, P.A., will be able to explain to you that if you are considering evictions, and taking money from a tenant’s security deposit, you will need to notify the tenant by certified mail to their forwarding address, that money will be taken from the security deposit. A landlord is required to state how much of the security deposit will be kept, and the reasons why it is not being returned. Landlords have 30 days to file this claim on a security deposit. If the landlord does not intend to file a claim on the security deposit, they have 15 days to return the security deposit with interest.

From when the former tenant receives the certified mail, the tenants who have just gone through the evictions, will have 15 days to contest the notice in writing. If the former tenants contest the notice of retaining the security deposit, the matter could go to court. This is why it is important to have real estate attorneys working with you to protect your interests in these types of situations.

If the tenants who have faced evictions do not object to your claim of taking money from the security deposit, then you can deduct the necessary amount and return the remainder, if there is any, to the former tenant.

Real estate law can be complex and you want to make sure you are protected when you are dealing with rental properties. Reinfeld & Cabrera, P.A. can help you with drawing up lease agreements, evictions, security deposit matters, and other issues. We will provide informative advice and excellent representation to help you in all matters connected to real estate.

HAMP Program

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hamp-program

If you are currently facing foreclosure on your house and are looking for ways to stay in your home and still be able to make ends meet, the attorneys at Reinfeld & Cabrera, P.A. can examine your current position and come up with the best foreclosure defense that fits your specific situation. One way to help might be the Home Affordable Modification Program (HAMP), which enables borrowers to avoid foreclosure by modifying their existing loans to make them affordable and sustainable over the long-term.

We will help you determine if you meet the eligibility requirements for HAMP and if this would be a good foreclosure defense for you. In order to qualify for HAMP, you must be employed, so that you can show you have sufficient income to support a modified payment. You must currently occupy your home as your primary residence and you must have secured your mortgage before January 1, 2009.

In order for the HAMP foreclosure defense to work in your situation, you must owe up to $729,750 on your primary residence or single unit rental property and that property must not be condemned. You must be having financial struggles in order to qualify, meaning that you are behind on your mortgage payments or in danger of falling behind.

Also, you must not have been convicted within the last decade of felony larceny, theft, fraud, forgery, money laundering or tax evasion in connection to a real estate transaction. If you meet all of the requirements, you should let Reinfeld & Cabrera, P.A. determine if the HAMP foreclosure defense will be your best course of action.

Don’t face foreclosure alone. We will help you get through this difficult time by analyzing your specifics and working with you to try to meet your goal, whether that be walking away from your home and trying to preserve your credit, or staying in your house. Let Reinfeld & Cabrera, P.A. find the right foreclosure defense for you.

Scary Truths of Probate

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If the word “probate” makes you feel uncomfortable, then you need to understand the estate planning process and make sure your estate is taken care of after you pass away. Probate doesn’t have to be a scary process. The attorneys at Reinfeld & Cabrera, P.A. can make sure your estate is in order and take the worry out of probate.

Probate is the formal court procedures that administer a person’s estate after they have died. It is during this process where outstanding debts can be paid and property can be sold or transferred to another person. It some cases, it can be a complex procedure so it is always wise to set up your estate plans before you pass away. In other cases, probate can be a problem-free carrying out of a person’s will. It all depends on the specifics of each situation and we can help you determine what impact probate could have on your estate.

Only certain aspects of a person’s estate will enter into the probate process. For instance, probate does not involve a trust, life insurance, or retirement accounts that have named beneficiaries, or jointly-owned property, when the first joint owner has died.

Probate, which is part of public record, can be a lengthy process that lasts six months or longer. We can help you at Reinfeld & Cabrera, P.A. to recognize what parts of your estate might be better suited to a trust, in order to avoid the probate process. We will also help you recognize when a will is appropriate for your specific situation, and when probate will be necessary.

While it may not be possible to set up your estate to completely avoid probate, we may be able to better set up your estate so that probate is manageable. By creating trusts, setting up some joint ownerships, and designating beneficiaries, we will be able to avoid probate in some areas. Let us help you with your estate planning and to make probate seem less scary.