Author: mP@

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.

Finding Guardianship Attorneys You Can Trust

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guardianship-attorneys-you-can-trust

If you are like most people in South Florida, you think finding guardianship attorneys in Coral Springs to name the guardian of your child(ren) is an extremely important part of estate planning. It is imperative that you have a guardian named for your children, because you never know what life has in store.

Guardianship is the power imposed on an individual over one who is underaged, and is considered unable to protect and care and for him or herself. A guardianship attorney in Coral Springs will help you appoint someone to make decisions on your behalf, if you become unable to make these decisions for yourself and your family.

If you do not like to think about what would happen if your children’s parents both passed away before your children reach adulthood, and choose not to hire guardianship attorneys to name a guardian, then the custody of your children could be left up to the courts. Anyone can step up to request custody if you have not specified someone in your will. So if you are assuming that it would be your sister, or your Mom, who would be granted custody of your children, you might be mistaken. Don’t leave the decision up to a judge. Stop by Reinfeld & Cabrera’s Coral Spring’s office as soon as possible to name a guardian for your children.

The guardianship attorneys in Coral Springs will help you create the legal documents to establish guardianship, and we also recommend that you and your spouse name an alternate guardian. This is just in case the first guardian you name is unable to accept the role due to changed circumstances.

Don’t leave such an important decision up to the courts. Instead, let the guardianship attorneys in Coral Springs guide you through establishing guardianship documents.

Why Commercial Litigation is Desperately Needed

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Commercial-Litigation

Before you have a complicated commercial dispute arise, you need to have the commercial litigation attorneys from Reinfeld & Cabrera’s Coral Springs office on your side. We will represent your interests in the courtroom, if necessary, or even during negotiations. Most litigation can be headed off by having your commercial contracts properly reviewed before signing them.

We are experienced commercial litigation attorneys and we will deliver a comprehensive approach to representing you, even in the most complex commercial issues. In today’s competitive business world, you need commercial litigation attorneys who will protect your rights and interests, and you will find us in our Coral Springs office.

You don’t want to be caught in a business dispute without having commercial litigation attorneys to represent you. Reinfeld & Cabrera’s Coral Springs office attorneys will make sure they contribute to your company’s success by providing sound and beneficial advice, guiding you through Florida’s commercial and business laws.

Whether you are looking to form a business partnership or limited liability, or draft partnership, shareholder, or operating agreements, our commercial litigation attorneys in Coral Springs will bring their knowledge and experience to the table. We can also help you with collections of account receivables, any breaches of contract, contract negotiation and preparation and sales disputes and litigations.

We have experience representing all sized business, so it does not matter if you are a new start-up or a well-established multinational corporation, our commercial litigation attorneys in Coral Springs will be able to provide appropriate and valuable counsel.

So whether you are an entrepreneur looking to establish and build your company, or need help resolving a commercial dispute involving your already established company, we are the commercial litigation attorneys for you.

Employing The Right Business Trust Attorneys

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employing-the-right-business-trust-attorneys

When you are looking for the best business trust attorneys to create a trust for your company, look no further than Reinfeld & Cabrera’s Coral Springs office. We have the experience and knowledge to draft the right type of trust for your specific situation that will leave your business covered for the future.

We provide a personalized and comprehensive approach to business trust creation and administration, helping to establish the financial structure of your property before the probate process. Business owners will benefit from the counsel of our business trust attorneys in Coral Springs, and it will give peace of mind to know that the company you have grown and built, will be properly taken care of after your death.

A business trust involves preparations that see a settlor (the creator of the business trust) name a trustee, or multiple trustees, to manage the business assets on behalf of a beneficiary. The business trust attorneys in Coral Springs will walk you through the business trust process, explaining the benefits of creating this arrangement for your company.

After the creator of the trust has died, the assets of the trust will go directly to the named beneficiaries, avoiding the probate process. These funds from the trust are also exempt from estate taxes, making the establishment of a business trust an important part of many people’s estate planning. Business trusts also protect if the owner becomes incapacitated and needs someone to run their business and preserve the company while they are incapacitated.

Don’t leave your business unprotected. Plan for the future with the help of business trust attorneys in Coral Springs. We will help you set up a business trust that will see all of your hard work protected for the day you are no longer here to take care of your business. Let us establish a business trust that works for your particular situation.

Understanding The Estate Planning Process

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estate planningNo one wants there to be arguments over or problems with their estate after they pass away…that is why you need to secure an estate planning attorney in Coral Springs now. Making sure that you have the right attorney planning your estate will mean that the process goes smoothly after you pass, with your estate being handled as per your wishes.

Whether you are a young family with children, or are a retiree or a business owner, our estate planning attorneys at Reinfeld & Cabrera in Coral Springs will help you draft an estate plan that works for your specific situation.

We will prepare your will or trust, including living trusts, in order to control the disposition of property after you are deceased and for your estate to avoid the probate process. Our estate planning attorneys will also protect against incapacity during your life, if that is an issue you would like to protect yourself for in advance. While our estate planning attorneys will be pleased to help you in our Coral Springs offices, we also serve clients throughout the South Florida area.

A common misconception about estate planning is that if you don’t own a big home or business, or have many expensive items to your name, then you don’t have an estate to worry about. However, the term estate refers to everything you own when you pass away, including all bank accounts and any assets. Everyone needs to have an estate plan in place. Estate planning attorneys in Coral Springs will help you prepare the appropriate documentation to leave your assets to your chosen beneficiaries.

If you do not use an estate planning attorney in Coral Springs and choose to not prepare a will or a trust, then the state will determine who gets yours assets…whether the result is what you wanted or not. It is best to plan for the future and have your wishes legally documented.

Reinfeld & Cabrera, experienced estate planning attorneys in Coral Springs, will help you to ensure your wishes are carried out after you pass away.

Does Your Business Need a Trust?

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One thing you might want to consider if you are a business owner or just a regular person in South Florida, is acquiring a trust attorney in Coral Springs to create a trust for your company or just for yourself. Trusts can be used in running a business for the benefit for others.

A trustee can be designated by the trust attorneys in Coral Springs to run the business on behalf of the beneficiaries of the trust. For example, a family business can be set up as a trust so that family members are made beneficiaries but have no involvement in running the actual business.

A trust attorney at Reinfeld & Cabrera, in their Coral Springs office, will explain to you that there are many benefits to a business trust, such as reduced liability, protection of assets and they also allow for flexibility of asset and income distribution.

There are several different types of trusts and the trust attorneys at Reinfeld and Cabrera will be able to explain the different varieties to you at their Coral Springs office. Once you choose the type of trust you want to create, you are bound to follow the rules for that type of trust in order to ensure it is legal and will result in carrying out your wishes.

You may also wish to hire trust attorneys in Coral Springs to establish a trust for your own estate, not only for your business. Trusts can be an important part of estate planning and can help you avoid taxes and probate and can help you allocate your estate, as you fit.

Let the trust attorneys at Reinfeld & Cabrera’s Coral Springs office help you establish your trust for your business or your own personal estate. We will walk you through the process and make sure you are happy with the plans that are put in place.

Is Your Will Up to Date?

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is your will up to date?

The will attorneys in Reinfeld & Cabrera’s Coral Springs office want to remind you how important it is to keep your will up-to-date. You may have done the majority of your estate planning years ago, but now there are some changes you need to make to your will.

Your will is one of the most important documents you will ever establish and it is important to keep it up-to-date, reflecting your current plans for your estate. While the plans you made in your will years ago reflect your life at that time, you may want your current will to reflect changes in your life. The will attorneys in Coral Springs will help you update your will and make sure your estate plans are in order.

There are a lot of reasons why you might want to update your will. Marriage, divorce, and death are all reasons why wills need to be updated to reflect you current life status. A new child is also a reason to make changes to your will, as it will now reflect a new heir to your estate. Other potential reasons to update a will would be if you have seen a significant decrease or increase to your estate. For example, if you have won the lottery since your last will update, you will want to change your documents with the will attorneys in Coral Springs, to reflect your current worth.

If you have recently moved to the South Florida area from out of state, then you should also have a will attorney from Reinfeld & Cabrera’s Coral Springs office review your will to make sure it will be current and up to date according to Florida law. Tax laws change on a regular basis as well. It is always good to have your will reviewed and updated to take advantage of any new tax law changes that may be reflected in your estate planning.

Of course, the will attorneys in Coral Springs know that sometimes you just might change your mind about something in your will. Whether it be about the person you have named as the guardian of your children, or someone who was named to receive an inheritance from your estate, it is okay to change your mind and want your will to reflect this latest decision.

Don’t hesitate. Make those changes to your will today before it is too late.