Author: mP@

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.

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.