Overview of Irrevocable Trusts in Florida

Written by Nataline Garcia, Esq. When determining your estate planning needs it is essential to understand the differences between an irrevocable trust and a revocable trust. In this blog article I will discuss the fundamental benefits and drawbacks of an irrevocable trust, and how it may, or may not, be beneficial for you. Who are the parties involved in a Trust? First it is important to understand the parties involved in a Trust, this ...
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How to Prepare for Hurricane Season

In our previous blog titled "What You Should Know if a Hurricane Damages Your Home in Florida" we discussed the proactive and immediate steps to take immediately following a hurricane or major storm. In effort to help reduce the stress, anxiety and damage brought on from a storm, this article will discuss the different steps to consider to adequately prepare for hurricane season. As hurricane season approaches South Florida, taking precautionary ...
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First Time Home Buyer’s During COVID-19

Written by: Nicole M. Garcia Buying a home for the first time is an achievement and incredibly exciting. However, it can also be confusing and scary if you are not aware of what is required in order to close the deal. Deciding whether to purchase a home during the COVID-19 adds even more pressure and uncertainty. In this blog we will look at some of the necessary steps to take when planning to purchase a home and how COVID-19 is affecting the ...
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How to Make Changes to a Will: Codicils and Your Will

Written by Nataline Garcia, Esq. During your lifetime, while you have full mental capacity, you have the legal right to make any changes or amendments to your will. These changes can range from a minor change to a complete revocation and republication of your will. To accomplish this, a codicil may be prepared, if it is appropriate for your desired revision. A codicil is a legal document that changes specific provisions of your last will ...
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Florida Limited Liability Company and Rental Properties

Written by: Nataline Garcia, Esq. A Florida LLC can combine the efficiency and simplicity of sole proprietorships and partnerships with the numerous legal protections afforded by a corporation. To keep the explanation of an LLC simple, “limited liability” means that its owners, also known as members, will generally not be personally responsible for an LLC’s debts nor lawsuits. For example, if an LLC were to file for bankruptcy, the member(s) ...
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What is a Summary Administration Probate in Florida?

Written by: Nataline Garcia, Esq. Summary administration probate is a summary proceeding, governed by Florida Chapter 735, that does not require the appointment of a Florida personal representation, nor does it require formal publication to estate creditors. A Florida summary administration probate generally requires less time, effort, and expense than a formal administration probate.   Although it seems like a summary administration would ...
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Purchasing a Foreclosure Home and its Liens

Written by: Nicole M. Garcia It’s no secret the fair market values of properties in South Florida are high and continue to rise. More often than not, I am asked by clients, friends, and family members what may be some of the benefits to attempting to purchase property at a foreclosure sale. The cost that is saved purchasing a property at a foreclosure sale can be impressive. This is because it’s an auction sale and the highest bidder wins the ...
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341 Meeting of Creditors

After filing bankruptcy, one of the requirements is for the debtor to attend a Meeting of Creditors. The meeting usually takes place within 20 to 40 days after submitting your petition to the court and it provides an opportunity for the Trustee and creditors to ask questions about your bankruptcy filing and finances disclosed within your petition. The purpose of this meeting is to ensure that the debtor properly filed all required documents ...
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4 Common Commercial Lease Disputes (and How to Avoid Them)

A lease, be it commercial or residential, is arguably the most commonly type of contract entered into. Most businesses find it necessary to occupy a physical space (although more companies are going virtual). Compared to residential leases, though, commercial leases are more complex. Businesses are usually restricted in the activities they may conduct on the property, in addition to other terms that sometimes cause friction between the landlord ...
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What you should consider before purchasing a piece of land

You’ve found the perfect piece of land in which you envision your dream home built on or maybe you’ve found the right piece of land to build your business on. Whatever the scenario may be, the major thing to consider before you purchase that piece of land is what zoning regulations it has. Zoning law govern what can and what cannot be done with a piece land. Zoning laws are the reason homeowners do not have a store like Walmart right by their ...
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