A business does not have to accept an unpaid invoice as the cost of doing business. When another company, customer, contractor, or client stops paying, the first step is usually figuring out exactly what is owed, why it is owed, and what evidence supports the claim. From there, a creditor may negotiate payment, send a […]
Month: January 2014
Negotiation, Mediation or Arbitration? How Florida Businesses Resolve Disputes
When two businesses have a serious disagreement, a lawsuit is only one possible destination. The parties can negotiate directly. They can bring in a mediator. Some can agree to arbitration. They can also end up in court. Those processes are different in ways that matter. Negotiation leaves the decision with the parties. Mediation brings in […]
What Happens to Your Business If You Die or Become Incapacitated?
Fast Answer: If a Florida business owner dies or becomes incapacitated, what happens to the business depends on the business structure, governing documents, estate plan, and applicable Florida law. Ownership may pass to heirs or other beneficiaries, while management authority may remain with other owners or designated decision makers. A business succession plan can establish […]
How to Properly Execute a Will in Florida: Requirements for a Valid Will
Learn how to properly execute a will in Florida, including witness requirements, notarization, self proving affidavits, electronic wills, and out of state wills.
Avoiding Probate in Florida: Estate Planning Mistakes to Watch For
Can avoiding probate create problems? Yes. An estate plan can keep an asset out of probate while creating a different problem involving ownership, inheritance, control, or family disputes. Joint accounts, beneficiary designations, trusts, and survivorship ownership can all be useful estate-planning tools. Problems arise when one of those arrangements is created without considering how it […]
When Does a Landlord Have to Return a Security Deposit in Florida?
How Long Does a Landlord Have to Return a Security Deposit? Florida Statute §83.49 creates two different timelines. If the landlord is not making a claim against the security deposit, the deposit must be returned within 15 days after the tenancy ends. If the landlord intends to keep some or all the deposit, the landlord […]
When Is the Best Time to Plan Your Estate in Florida?
The best time to create or update an estate plan in Florida is immediately upon reaching legal adulthood (age 18) or directly following major life changes, such as acquiring real estate, getting married, having children, or relocating to Florida. While many people assume estate planning is an end-of-life task triggered by age or net worth, […]
Florida Property Deeds & Titling: Choosing the Right Ownership Structure to Avoid Probate
The primary property deeds used in Florida estate planning are Warranty Deeds, Quitclaim Deeds, and Enhanced Life Estate Deeds (commonly called Lady Bird Deeds). While a deed physically transfers legal title to real estate, the way ownership is titled determines a lot. For example – whether your home must pass through Broward County probate court […]