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 effect as soon as an ...
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Should You Put Your Home in a Living Trust?

Living trusts — especially revocable living trusts — are often used by estate planners to hold ownership of significant assets like houses. There are many benefits of living trusts in the context of estate planning; for starters, they allow the assets contained within the trust to bypass the probate process after the original owner passes away. Trusts also allow the contents to be kept private and for the successor trustee to gain control over ...
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What is a Simplified Dissolution of Marriage in Florida?

Certain couples who are seeking a divorce in Florida might be able to take advantage of a simplified procedure that can grant spouses a divorce in mere weeks. The process is referred to as a “simplified dissolution of marriage.” Officially, divorces in Florida are referred to in the legal world as “dissolutions of marriage.”  So, what are the advantages of using this simplified route to divorce your spouse?  You and your spouse forfeit ...
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Why Establishing Paternity is Worth the Trouble

Having children outside of marriage has become more commonplace and accepted in society over the past few decades. Through this societal shift has come awareness of the importance of fathers’ establishing paternity of their children. For unmarried couples who get along well when it comes to their children, though, what are the benefits of establishing paternity? This blog will explain why it is a good idea to do so, even if things are going well ...
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Legal vs. Physical Custody in Florida

The question of child custody is one of the most sensitive issues that must be addressed during divorce proceedings. Did you know, however, that there are two primary types of custody in the state of Florida? The two classifications are legal and physical custody, and they refer to different aspects of a parent’s purview when it comes to caring for their children. This blog will lay out many important details concerning legal and physical ...
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Emergency Temporary Custody in Florida

Parents who are no longer in a relationship, either in marriage or simply romantic partners, can sometimes clash over custody of their children. In a divorce, this is often the most sensitive and delicate item to be decided. Sometimes, these disagreements turn into true animosity. For that reason, parents sometimes do not let the other parent see their children or hand them over when it is their turn to have physical custody.  When one parent ...
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What Can a Civil Law Notary Do?

In the state of Florida, there are two positions that have the power to attest to the validity of signatures on legal documents: a notary public and civil law notary. Notaries public are U.S. citizens (18 or older) who have a clean criminal record and complete a three-hour course with the state. Upon passing, one may be a notary public for one or more four-year terms. While a notary public is certainly useful in many situations, a Florida civil ...
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What Must a Corporate Name Include?

Written by: Nataline Garcia, Esq. If you have been considering creating a new business entity, there are certain requirements you must consider prior to incorporating. Under Florida Statute 607.040 a corporate name: Must contain the word “corporation,” “company,” or “incorporated” or the abbreviation “Corp.,” or “Inc.,” or “Co.,” or the designation “Corp,” or “Inc,” or “Co,” as will clearly indicate that it is a corporation instead of a ...
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Probate: Summary Administration vs. Formal Administration in Florida

If a loved one of yours has recently passed away, you will probably need to help navigate his or her estate through the Florida probate court, which is the venue in which estates are settled.  When it is determined that your loved one’s estate needs to go through probate, there are generally two options for you: summary administration and formal administration.  Formal administration is the standard operating procedure for many estates, ...
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4 Tips for Making an Offer on a House

After months and months of searching, you and your family have finally found a home you can envision spending decades in. You feel a sense of excitement, but not relief; you know that you have to make the right offer on the house or the sellers will not pull the trigger. This blog is intended to serve as a general guide for making an acceptable offer on your dream home that will seal the deal.  Work with your own agent to advocate for you. ...
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