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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Are your property taxes too high?

Your property tax notice has been mailed to you and you are shocked by how much you have to pay in property taxes this year! Despite the recent economic downturn and a slipping real estate market your property taxes may actually go up this year. If this is your reality, you should know your rights to ensure a proper “fight”.  In August of each year, Miami-Dade county property owners receive a Notice of Proposed Property Taxes (“TRIM Notice”). ...
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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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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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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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