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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Top Essential Estate Planning Tasks to Consider When Having a New Baby

Written by Nataline Garcia, Esq. Having a new baby is a special and exciting time for families. With that excitement also comes a new sense of responsibility and even associated stress. Now that you are responsible for another life, it is essential to plan for the future, in the event of any unforeseen circumstances arising. Below are a few of the top essential estate planning tasks to consider when you are expecting a new ...
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Divorce and Florida Estate Plans: What should you know?

By Nataline Garcia, Esq. It is common for spouses to prepare joint estate planning documents or name each other in their individual estate planning documents. Florida law allows married couples to prepare joint estate planning documents. However, there are some important laws that may affect your estate planning in the event of a divorce that you should be aware of. Knowing this information can help you take the proper steps after your divorce ...
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4 Essential Documents You Need in Your Estate Plan

When our day-to-day lives are interrupted to the degree we are seeing with the COVID-19 pandemic, certain situations and aspects of our lives are seen with more clarity than before. One indirect consequence of the current health crisis is that more Floridians are creating estate plans. Additionally, those who already have a plan in place have been spurred to take a second look and ensure that their financial goals will be met. To provide ...
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Understanding a Business Succession Plan

By: Nataline Garcia, Esq. Last week in the blog titled “Do you need an Estate Plan” we overlooked the several reasons why one would want to consider preparing an Estate Plan. We briefly discussed the topic of a Business Succession Plan and received a lot of inquiries from business owners about what a business succession plan could do for them. Today, I’m going to elaborate on the purpose of a business succession plan and discuss the key ...
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Landlords: 4 Tips to Ensure Compliance with the Fair Housing Act

One of the most significant pieces of federal civil rights legislation passed in the 1960s was the Fair Housing Act, which was signed into law in 1968. The law extended housing protections to members of seven protected classes: sex, race, color, national origin, religion, disability, or familial status. Many of the overt actions that the act originally intended to eliminate, such as refusing to rent to an African-American family in a previously ...
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Debt Defense in Florida

Written by: Nicole M. Garcia, Esq. It is highly likely that if at any point you have borrowed money from a creditor and defaulted,  the creditor will file an action in the proper state court. These types of matters are either filed by the creditor or by the assignee. A creditor is usually the entity or bank that lent you the money. An assignee is typically an entity that bought the debt from the creditor. Depending on the amount in ...
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Bankruptcy Exemptions in General

When filing for a Chapter 7 or Chapter 13 bankruptcy, like all states, Florida has a set of exemptions you may use. One of the biggest questions, when you are contemplating filing for bankruptcy, is whether you will be able to keep your property and that all depends on which exemptions you can use on your bankruptcy petition. They are called "exemptions" because they “exempt”, or in other words “excuse”, certain property from being turned over to ...
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