Transferring Property Outside of Probate in Florida

July 15, 2021 by

While probate is far from the worst-case scenario heirs and beneficiaries of a decedent may encounter, the vast majority of estate planning is conducted to minimize the time an estate spends in probate, make the process more efficient, or avoid it altogether. Probate is the legal process by which a decedent’s estate (most assets and property) gets distributed to heirs. Final debts, taxes, and other loose ends are also tied up.  For many estate ...
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Ray Garcia, Esq. Recognized as Florida Legal Elite 

July 13, 2021 by

        Ray Garcia, Esq. Recognized as Florida Legal Elite  ST. PETERSBURG, FL – Ray Garcia, Esq., Law Office Of Ray Garcia, P.A. and Florida Construction Law Group, Miami, Florida, was recently recognized in the 2021 edition of Florida Trend’s Florida Legal Elite™. The list of 1,263 honorees represents just over 1% of the active Florida Bar members, including attorneys in private practice as well as top ...
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Will I Have to Pay Alimony Forever in Florida?

July 1, 2021 by

Generally, no. Judges are often hesitant to order paying spouses to pay alimony (sometimes called “spousal maintenance”) to their ex-spouse permanently. The main purpose of alimony is to give former spouses some level of security until they become self-sufficient. However, as we’ll cover below, there are exceptions to this rule. After you gain a better understanding of the four types of Florida alimony, you should get a better idea of the chances ...
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When Are Landlords Responsible for Repairs and Improvements to Florida Rental Properties?

June 21, 2021 by

To begin with, Florida law does not zero in on specific repairs that must be completed by landlords. Determining whether you, as a landlord, need to fix a specific issue in one of your units involves Florida’s Warranty of Habitability. Essentially, the warranty ensures that tenants have somewhere safe to live that contains no threats to their wellbeing and safety. The state’s Landlord-Tenant Act establishes this implied warranty.  The Florida ...
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Which Power of Attorney Type Do You Need?

June 10, 2021 by

The term “power of attorney” is one that many people have heard in the context of estate planning. Simply put, power of attorney, which is a legal document, gives someone (the agent) to act on behalf of the document’s creator (the principal). What some people do not know is that there are multiple powers of attorney available to Floridians; this legal tool can do much more than allow someone to keep up with another person’s bank ...
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Does Adultery Matter in a Florida Divorce?

May 21, 2021 by

Yes, and no. Infidelity does not matter in a Florida divorce in the sense that the Sunshine State does not allow for fault-based divorce. In other words, the most common way to get a divorce in Florida is to simply cite irreconcilable differences with your spouse. A few other states offer at-fault divorce, and infidelity is an acceptable at-fault grounds in most of those states. Just because Florida is a pure no-fault state does not mean that ...
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What You Need to Include in Your Business Succession Plan

May 21, 2021 by

Building and maintaining a successful small business is not an easy thing to do, and it is, rightly, the signature achievement for many Americans whose hard work and determination over many years paid off. With that in mind, it can be a little puzzling when you consider that a significant portion of small business owners in this country—well over half—do not currently have a succession plan for handing the reins to the next generation of owners. ...
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Bankruptcy Filers: What is the Automatic Stay?

April 20, 2021 by

Filing for bankruptcy is quite useful for many honest, hard-working people who need some help catching up with their finances. Although many (rightly) regard bankruptcy as a last resort to get out of financial trouble, it is not the doomsday scenario you’ve heard about. One of the most attractive features of a bankruptcy filing is the automatic stay.  The automatic stay is an injunction that immediately goes into effect as soon as an ...
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Attorney Ray Garcia Quoted in Daily Business Review Article on Bankruptcy

March 31, 2021 by

Rare Standing Granted in Bankruptcy Argument DBR RG quoted - CLICK TO READ ...
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Should Your Employees or Business Partners Sign a Non-Disclosure Agreement?

March 26, 2021 by

Every business is different, but many small and mid-sized businesses have a good amount of proprietary information that is crucial to their competitive edges in the free marketplace. In fact, proprietary information is the most valuable asset for many startup businesses. This information can include trade secrets, intellectual property, client details, unique processes, and other important information. Having an employee or business partner sign ...
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