What is a Designation of a Health Care Surrogate?

Written by Nataline Garcia, Esq. A health care surrogate is a person who is appointed by you, to make health care decisions, in the event you become mentally or physically unable to make the decision yourself. Florida Statute §765.202 outlines the proper method of drafting and executing a designation of health care surrogate to establish a rebuttable presumption of clear and convincing evidence of your designation of the surrogate. It ...
Read More

Covid-19, E-Notaries and What It Means for your Real Estate Closing

During the Covid-19 pandemic remote notaries can be an efficient tool to maintain the real estate market while honoring the various Orders for social distancing. Remote notarization became legal in Florida on January 1, 2020 meaning the buyer and seller do not have to be in the same room.  Remote notaries work by affixing signatures and notary seals to an electronic document such as a PDF or Word document. This makes the document securely ...
Read More

Will COVID -19 Impact your Bankruptcy Case?

Will COVID -19 Impact your Bankruptcy Case? COVID-19  has been affecting various aspects of daily life including the federal, state, and local governments.  Although the courts have been slowly adjusting their rules and procedures in light of this pandemic – there are still some uncertainties in current and future debtors as to how they can move forward with their filings. The following are a few guidelines to follow during this time: The ...
Read More

What is a Loan Modification?

Written by: Nicole M. Garcia, Esq. At some point or another in our lives we are faced with adversities and struggles. If you find yourself struggling to make your monthly mortgage payments or have fallen behind, you are possibly at risk of losing your home or will be facing a Foreclosure lawsuit. It is important you know that all is not lost and there is hope in the form of options that are available to you. One of the loss mitigation options ...
Read More

Chapter 7 Bankruptcy

  The most common reasons you may find yourself needing to file bankruptcy are due to unemployment, overextended credit,  health issues and large medical expenses. If you qualify for a Chapter 7 Bankruptcy, it may allow you to discharge a variety of debts. The greatest benefit for a Chapter 7 bankruptcy is that it erases most of the debts; however, allowable debts to be discharged typically exclude obligations such as child support, tax ...
Read More

Routine Checkups to your Estate Planning

Written by Nataline Garcia, Esq. Congratulations! You have taken the first step in planning for your future by preparing your estate planning. Now comes the question, down the road, does your estate planning need to be revised, updated or checked up on? Read below to find out the different reasons why you may want to consider having routine checkups to your estate planning. Life changes may impact your Florida estate plan such as the ...
Read More

How does the “CARES ACT” in response to COVID-19 help me with my Mortgage?

There was a time when we thought  Y2K was the end of the world, but truth be told, what we are facing as a society and worldwide falls nothing short of a nightmare and although it may not be the end of the world, it sure does feel like it. It's highly recommended to stay home and practice Social Distancing. The sooner we can control the invisible terrorist, the sooner we can continue our usual lives. Our homes are supposed to be our safe-havens. ...
Read More

Real Estate Closing in Miami Springs

Purchasing real estate is a process and in the process, you should always seek the advice of an experienced real estate attorney. This is especially true when purchasing real estate property in a Municipality such as Miami Springs, Florida. There are specific issues with real estate properties in  Miami Spring, Florida and having an attorney with prior experience in the municipality makes the transaction easier and most effective. Miami ...
Read More

Estate Planning – Differences between Wills and Trusts:

The terms “will” and "trusts” are often used interchangeably, as if they are the one in the same. However, both are uniquely different and should not be confused with one another. A will and a trust are documents that are prepared in furtherance of the broader category of estate planning. Estate planning is an essential process, recommended for every person to take, in planning for their future and disposition of assets upon their death. An ...
Read More

Business Extension on Filing Annual Report in Florida

Small businesses are required to file an annual report every year with the Florida Secretary of State. The form updates or confirms the Florida Department of State, Division of Corporations' records. It is not a financial statement. As mentioned above, an annual report must be filed each year for your business entity to maintain an "active status" with the Department of State. Furthermore, it is required, whether or not you need to make changes. ...
Read More