Month: January 2014

How to Collect on Business Debt

Posted on | by mP@

commercial litigation attorneys in Coral Springs

If you need to collect on a business debt for your company in Coral Springs, commercial litigation attorneys can help. We understand that an unpaid debt could make a very big difference to a small business…even the difference between making a profit and suffering a loss.

It can be a difficult process to collect on a business debt that has remained unpaid for a long period of time. In some cases, commercial litigation attorneys will need to represent your Coral Springs company in court. But before the situation goes to the litigation stage, there are ways that attorneys can help you try to collect your business debt.

You may instinctively recognize some customers who have unpaid bills as those who want to pay but are having money issues or those who are trying to delay payments. For these type of customers, you may be able to arrange for partial payments until the debt can be paid in full. You may also want a proper contract written to ensure enforcement of those rights as well as a judgment personally against the person who is in debt. If you suspect that a customer, who has the means to pay their bills, is doing all things possible to avoid settling the debt, you may want to contact your commercial litigation attorneys in Coral Springs.

The commercial litigation attorneys at Reinfeld & Cabrera, P.A., in Coral Springs, will represent your company’s interests in situations where accounts receivables are owed. In addition to seeking the amount of the debt owed under contract, we can also help you recover attorney’s fees and interest in some situations.

Don’t hesitate to consult with commercial litigation attorneys in Coral Springs. Don’t let an unpaid debt hurt your small business. Let us help you collect the debt and help you better prepare for handling this type of situation in the future.

How to Avoid Litigation via Negotiation and ADR (Alternative Dispute Resolution)

Posted on | by mP@

You need to have commercial litigation attorneys lined up if you own a business in the Coral Springs area because having experienced commercial litigation attorneys working for you will actually help you to avoid litigation in the future.

The commercial litigation attorneys at Reinfeld & Cabrera, P.A. in Coral Springs recognize that actually taking a commercial matter to court can be very expensive and very time consuming. It is generally best for all parties to find a way to avoid litigation and settle the dispute before going to court. Our commercial litigation attorneys try to find ways to reduce any future litigation risks for our clients by using several means at our disposal. But when disputes arise, we will help you manage these issues.

Resolving legal matters before going to court can be done in different ways. Your commercial litigation attorneys will first try to negotiate on behalf of your business in Coral Springs. If negotiation does not work, we will then try different forms of alternative dispute resolution (ADR).

Our commercial litigation attorneys in Coral Springs will try, when it suits your specific situation, conciliation, mediation or arbitration as forms of Alternative dispute resolution. Conciliation involves both parties meeting separately with a conciliator who tries to resolve issues between the parties, while mediation involves a third party mediator assisting the two parties to try to reach a settlement. Finally, our commercial litigation attorneys may try arbitration to resolve the matter, which involves a third party adjudicating and issuing a binding decision in order to resolve the dispute.

If both negotiation and alternative dispute resolution fail, then your commercial litigation attorneys in Coral Springs will proceed to court, generally over an issue such as contract disagreements regarding the two parties’ obligations. Don’t wait until you have a commercial litigation matter to handle. Have commercial litigation attorneys try to reduce your future risk before the need to go to court arises.

Plan Ahead for the Unexpected

Posted on | by mP@

Business Trust Attorneys in Coral Springs

One of the best reasons to secure business trust attorneys in Coral Springs is probably for reasons you don’t even know about yet. Planning ahead for the unexpected is so valuable for businesses and could ultimately save your company a lot of time and money down the line.

The business trust attorneys at Reinfeld & Cabrera, P.A., in Coral Springs, recognize the value in planning ahead. Everyone wants their business to be as successful as possible, and making sure you have planned ahead for the future will help you achieve that success, as well as make sure you are prepared to pass along your business or family wealth in the future.

An important part of the estate planning process that the business trust attorneys in Coral Springs perform is setting up business trusts. This will help to avoid future probate and trust litigation. You want to know that your business interests are covered for any future possibility. Our experienced attorneys will help make sure you have planned accordingly.

Setting up a trust allows you to put conditions on the distributions of your assets, as well as the timing of the distribution, after you pass away. It also allows for the distribution of your assets to go to your heirs without the necessity of probate court, saving your heirs costs, as well as time. Business trust attorneys in Coral Springs know to use a trust as an instrument to transfer assets, without the creator of the trust having to give up all control.

A business trust can also direct the operation of a business in case something happens to you, the original trustee, if you become incapacitated.

A business trust attorney can set up the trust in ways that allow an heir to have power to control assets once they reach a certain age, with a trustee delegated before the heir reaches the specific age. A revocable trust allows the creator of the trust to end the legal document at any time, while an irrevocable trust ends only at a set time, such as when the beneficiary dies.

The business trust attorneys in Coral Springs will also tell you that a business trust gives your family, or your heirs, more privacy upon your death, than if your assets and wishes were only laid out in a will. A will is a matter of public record and would detail a list of assets for the court, whereas a business trust is not a matter of public record.

To hear all about what estate planning you should consider for your business, please consult with the business trust attorneys at Reinfeld & Cabrera, P.A. in Coral Springs. We will help you prepare for the future and make sure you have covered all your bases.

The Proper Execution of a Will

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estate planning living willWhile you can probably go to a book store and purchase your forms to create a will yourself, it is best to hire wills and trusts attorneys in Coral Springs to perform the proper execution of a will. Estate planning can be a complicated matter and if you want to make sure that your estate is taken care of exactly how you wish, then it is best to let professionals create your will.

A legal will is created to help you direct the distribution of your assets after you die, whether that means your business, property, cars or items that you own. Florida law requires that you pay off all of your outstanding debts through the probate process after you die. Following this procedure, wills and trusts attorneys in Corals Springs will be able to designate leaving your remaining assets to anyone you choose.

A wills and trusts attorney in Coral Springs can help you create the legal document that names a personal representative for your estate. If you do not name such a person, the court will appoint one for you, so it is always best to choose a trusted person for the job. We can also help you legally name a guardian for any minor children and make any gifts you wish to make upon your death, such as to a charity.

You especially will want to consult with a wills and trusts attorney from Reinfeld & Cabrera, P.A. in Coral Springs if you feel that your will might be contested following your death. Also, it is valuable to have a trusted wills and trusts attorney whenever you need to make any changes or revoke a will.

Consulting with a wills and trusts attorney in our Coral Springs office will help you make important decisions about the probate process and where the tax burdens associated with your assets will lie, following your death. Don’t try to do this complicated legal document on your own. Have a professional help you with the proper execution of a will and you can rest assured that your wishes will be carried out as you have planned.

Avoiding Probate

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probate-attorneys-in-Coral-SpringsThere are many reasons to hire probate attorneys in Coral Springs while planning for your estate. But one of the best reasons to hire these experienced attorneys is to help your future heirs avoid having to pay tax on their inheritance and also be forced to pay to hire a probate attorney to handle the matter. The best way to handle Florida’s complex probate laws is to have experienced attorneys handling your affairs.

In addition to being expensive, the probate process can also be very time consuming for your heirs, not to mention convoluted and confusing. Probate attorneys at Reinfeld and Cabrera, P.A. in Coral Springs, will help you and your family avoid the probate process by putting the necessary planning in place for your estate.

Probate attorneys in Coral Springs, and throughout the state, will tell you one way to avoid probate for an asset is to create a living trust, which names someone as a trustee upon your death. After you pass away, the assets named in the living trust will be controlled by the terms of the trust, with the assets being transferred to the trustee and avoiding the probate process.

Another way for your assets to avoid the public probate process is when you jointly own rights of survivorship the asset with another surviving person. The probate attorneys in Coral Springs will tell you that when an asset is jointly owned with rights of survivorship and one of the owners passes away, the asset is automatically owned by the surviving owner. There will be no probate proceedings in this case, either.

There are other ways that your estate plans can help you and your family avoid the probate process after you pass away. Probate attorneys at Reinfeld & Cabrera, P.A. in Coral Springs are experienced probate attorneys who will look at your specific situation and help you plan accordingly. You will be able to rest assured that your estate will one day benefit your family, as opposed to putting them through the probate process and the stress that can come with that.

Why You Need Power of Attorney

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Power-of-Attorney-in-Coral-SpringsOne common misconception about giving someone a power of attorney that the attorneys in Coral Springs at Reinfeld & Cabrera, P.A., would like to clear up, is that giving someone this power limits you from acting on your own behalf.

This, in fact, is not true. When you give someone a power of attorney, which is the authority to act on your behalf, you are not limiting yourself from acting on your behalf, having control of your finances and dealing with your own assets. It is important to have a power of attorney in Coral Springs in order to make sure you are covered in the future, should you ever need this person to act on your behalf.

The reasons you may need a power of attorney in Coral Springs could be because you are very ill, or have suffered an accident that leaves you permanently or temporarily incapacitated. Also, you may be working or even traveling outside of the country for extended periods of time and need someone to make decisions on your behalf at home. Powers of attorney are also used for selling or buying a property if you have an agent sign on your behalf. It is wise to be prepared for any and all of these situations by meeting with the attorneys at Reinfeld & Cabrera, P.A., and naming a power of attorney.

Often people choose someone they trust to name as power of attorney when meeting with their attorney in Coral Springs – whether a family member, coworker, or a really good friend. In some cases, others name an attorney or even a trust company as their power of attorney, to carry out their wishes when they are not able to do so themselves.

You are able to choose what powers you appoint to your attorney in Coral Springs. With a general power of attorney, you are allowing the named attorney to act on your behalf in all areas. However, with a specific power of attorney, you are allowing the named attorney to carry out the specified acts on your behalf.

Naming a power of attorney plays an important role in your life, should you ever need this trusted person to act on your behalf. The attorneys at Reinfeld & Cabrera, P.A., will walk you through the process of legally naming a power of attorney and all legal consequences of this act.

Grandparents, Guns and Guardianship: Incapacity and The Right to Bear Arms

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guardianship-attorneys-in-Coral-SpringsGuardianship attorneys are extremely important and if you live in the Coral Springs area, the law offices of Reinfeld & Cabrera, P.A. will help you get everything you need in order. If you have children, it is very important that you make arrangements with guardianship attorneys so that the children end up with the guardian you desire should something ever happen to both the children’s parents. If you do not leave a choice, the Court may appoint a guardian in its own discretion.

It is important to make the arrangements with guardianship attorneys in the Coral Springs area because not only do you want to designate who will care for your children, but you also want to make sure that your desired guardians are set up to have the legal authority to make decisions on your children’s behalf. Just because a grandparent, or anyone you choose, has physical custody of children, does not mean they have any legal rights to make decisions regarding school or health care when it comes to your children.

Our guardianship attorneys at the Coral Springs office of Reinfeld & Cabrera, P.A. will help you set up the appropriate guardianship documents, giving your children’s grandparents (or whomever you choose) the legal authority to care for your children on a daily basis, including making education and medical decisions.

Our guardianship attorneys in Coral Springs will also help you indicate what happens to your children, and yourself, if your children’s parents are found to be lacking mental capacity. In this case, plenary guardianship can be awarded, if the person in question is found to be incapacitated, incompetent, and unable to make sound decisions. The court is also able to determine if the incapacitated person is unable to make informed decisions about their own medical care and treatment…and then is able to determine the most appropriate measure.

Reinfeld & Cabrera, P.A., will not only help you determine the right steps for setting up a guardian for your children should your children’s parents become incapacitated, but our guardianship attorneys in Coral Springs will also help you set up the appropriate guardianship for yourself and your spouse, should you ever find yourself in an incapacitated state. Let us inform you of your legal options.

A Proper Return of a Security Deposit After a Lease Has Ended

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Eviction-in-TamaracWhen you are attempting an eviction from your rental until in Tamarac or elsewhere in Florida, it is important to understand state law and know the rules about returning a security deposit.

If you are a landlord that is in the eviction process with a renter in Tamarac, and you intend to return the security deposit, you need to do so within 15 days of the lease coming to an end. In addition to returning the security deposit, you will also need to give the renter any of the interest that has been accumulated on the money.

The eviction process in Tamarac may mean that you can keep the renter’s security deposit, depending on the circumstances. For example, if tenants have unpaid rent, Florida landlords may be able to keep the amount due from the security deposit. Also, if the tenant has caused damage to the rental unit, above and beyond the normal wear and tear that comes with renting, then landlords may be able to deduct the amount due for repairs from the security deposit. Also, if the lease agreement has been violated, there may be circumstances that see the landlord keep some or all of the security deposit.

If you are a landlord that is in the eviction process with a renter in Tamarac, and you intend on keeping the security deposit, or a portion of the deposit, you need to let the tenant know in writing within 30 days of the lease coming to an end and file a claim. This can be done by certified mail to the forwarding address the renter provided to you, In this statement, you must explain the reasons why you intend on keeping the deposit, or a portion of the money, and also give the former renter 15 days to contest your intent to keep the deposit.

After receiving this letter, the former renter can either choose not to oppose your intention to keep the security deposit, or they can oppose your claim and the issue will go before the courts. If you are currently the landlord overseeing an eviction in Tamarac, it is very important to follow the correct steps when it comes to security deposit returns or seizures. The attorneys at Reinfeld & Cabrera, P.A. will guide you through the process whenever you have procedural questions.

When is The Best Time to Plan Your Estate

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The estate planning attorneys in Tamarac want you to know that it is never too early to think about planning your estate. While the attorneys at Reinfeld & Cabrera, P.A., understand that many people think they don’t have enough assets to worry about estate planning, we want you to know that everyone should have legal documents in place following your death.

These documents, as prepared by estate planning attorneys in Tamarac, will legally dispense the assets of your estate upon your death, whether that means deciding who will have your business, your home, your car, or can even raise your children. In addition to dispensing your assets according to your wishes, proper estate planning will also help significantly reduce the taxes that need to be paid, following your death, allowing those you love to get a larger inheritance than if you hadn’t made the proper arrangements.

If you have children, in addition to worrying about dispensing your assets once you have passed away and trying to save your loved ones money by avoiding or preparing for probate, you will also need to legally name a guardian for any children who are still minors. This is often a difficult decision for parents and your estate planning attorneys in Tamarac will help you once you have decided who will care for your children, should anything happen to you.

Regardless of the complexity of your estate, or the amount of your wealth, the estate planning attorneys in Tamarac will walk you through the necessary planning needed to take care of your specific situation. Without having planned properly, your estate and any issues related to settling your estate, will be decided by state law and the court system. This could result in decisions that are not what you wanted or intended, but without the legal documents in place to protect your estate, the decisions will be left up to a judge.

Don’t let this happen to your family and your estate. Plan properly today and prepare for the future. Let the estate planning attorneys in Tamarac help you.

Type of Deeds Available and The Differences

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Estate-Planning-Attorneys-in-Coral-SpringsWhen you are looking for estate planning in Coral Springs, experienced attorneys will be able to help educate you on the different types of deeds available and how they will affect your affairs.

For example, estate planning in Coral Springs involving real estate that is jointly owned by a couple will automatically go to the survivor after one of them passes away. In this case, property will need to be legally labelled with a deed that indicates the property is owned with right of survivorship and will pass to the survivor after one of the owners passes away or as tenancy by the entirety for married couples.

However, if the property is owned by additional people, your estate planning attorneys will need to ensure that the deed says that the property is owned with tenants in common. It is important to note that property where it is indicated that people own as tenants in common, will pass through the probate process, where it will be a matter of public record.

Your estate planning attorneys in Coral Springs will also be able to tell you about life estate deeds, which is where an owner of a property can sign a legal document holding a life estate in the property and transferring the property title to a named beneficiary after the owner passes away. This procedures helps the beneficiary of the property avoid the probate process.

When looking at your affairs, estate planning attorneys in Coral Springs will not only look at determining what type of deed you need for your property, but will also examine the relationships between the owners of the properties. Estate planning can be complex and it is always wise to have experienced and knowledgable estate planning attorneys creating a plan for you and your family.

It is never too early to make sure you have the correct deeds for your property and that estate planning attorneys in Coral Springs make sure your desired plan for your assets are legally represented. We want your family taken care of after you are no longer here.