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 Read More
Why is Title Insurance Important, and What Does it Cover?
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. Read More
Transferring Property Outside of Probate in Florida
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 Read More
Ray Garcia, Esq. Recognized as Florida Legal Elite
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 government and Read More
Will I Have to Pay Alimony Forever in Florida?
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 Read More
When Are Landlords Responsible for Repairs and Improvements to Florida Rental Properties?
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 Read More
Which Power of Attorney Type Do You Need?
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 Read More
Does Adultery Matter in a Florida Divorce?
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 Read More
What You Need to Include in Your Business Succession Plan
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 Read More
Bankruptcy Filers: What is the Automatic Stay?
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 Read More
