4 Advantages of Forming an LLC

September 18, 2021 by

The limited liability company (LLC) business structure has a rich history in the Sunshine State. After the first LLC was formed in 1977 in Wyoming, Florida was one of the early adopters. Still, in many respects, the LLC is a fairly new business structure. There are plenty of advantages for entrepreneurs who use this legal structure, which we explain below.  LLCs offer protection for an owner’s personal assets. The “limited liability” ...
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How to Find a Good Trustee in Florida

September 10, 2021 by

Trusts, once thought to be estate planning documents only for the rich and famous, are being used by estate planners of all stripes and net worths. This legal arrangement transfers ownership of certain assets from an individual to the trust itself, which allows families to avoid probate (among other benefits).  The important people involved in a trust are the grantor (creator of the trust), beneficiary, and trustee. The trustee distributes the ...
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Common Reasons for Wrongful Termination Suits in Florida

August 23, 2021 by

Florida, like most states, is an at-will state. This means employers may terminate a worker’s employment at any time, for any reason, with or without cause, and for any reason. Many states have certain exceptions for at-will employment, but Florida is among the handful of states that do not have any exceptions—except for wrongful terminations recognized by law.  Title VII Discrimination The federal Civil Rights Act of 1964 extended ...
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Why is Title Insurance Important, and What Does it Cover?

August 10, 2021 by

After saving money for years and scoping out the real estate market, you’ve found your dream house. The exterior is lovely, and the interior checks all your boxes. As long as the bones are good, you’re ready to buy the house yesterday.  Unfortunately, during the closing process, you’re confronted with an expense you weren’t expecting—title insurance. You’re already handing over a bunch of cash for your down payment. What’s the point of ...
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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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