CIVIL LITIGATION · REAL ESTATE ·  PROBATE

ESTATE PLANNING/WILLS AND TRUSTS  ·  CORPORATE & BUSINESS LAW

Frequently Asked Questions

We try to anticipate questions you might have about our PRODUCT / SERVICE and provide the answers here. If you need additional information send email to YOUR EMAIL ADDRESS.

 

I have been served with a lawsuit.  What should I do now and how much time do I have?

Florida law specifies how long you have to respond to a lawsuit or your defenses may no longer be heard.  Your response may contain admissions, denials and defenses to the allegations made against you.  Lawsuits are expensive, time consuming and stressful.  You should immediately consult an attorney who can advise you of your legal rights and responsibilities as well as explain the litigation process.


How long do I have to file a lawsuit?

There are many different time limits set by Florida law which govern how long you have to file a lawsuit before your claim will be forever barred. Florida law also sets forth prerequisites that must be completed prior to bringing certain types of lawsuits.


How do I incorporate my business?

Anyone can file papers to incorporate and many basic forms are available online. However, there is much more to setting up a business than merely filling out and filing form documents. In fact, incorporating may not be the best solution to serve your needs. There are numerous factors to consider when deciding which type of business organization is right for you. For example, you must consider tax implications and each individual's rights and responsibilities within the business and to each other. Prior to forming your business is the best time to memorialize these understandings.


I am looking to purchase a home. What should I do first?

Purchasing a home is probably the largest investment an individual will make in his or her lifetime. The process involves several phases, form the initial contract for sale and purchase, to the actual date of closing. The contract is a legal document that controls the terms and conditions of the entire transaction. You should never sign a contract without first being fully advised of your rights and responsibilities.


What is title insurance?

Title insurance is an insurance policy that protects buyers and lenders against losses that could arise due to title defects, liens or other matters. Unlike most other types of insurance, a title insurance premium is only paid once. Lenders require title insurance to ensure that their mortgage lien has priority.

A commitment to insure title contains requirement that the title agent of attorney must perform prior to or at the closing as well as exceptions to title. Some exceptions to the title policy will remain after closing.

All title policies contain exceptions to coverage and you should be made fully aware of what is and is not covered by your title policy.


How do I get my security deposit back from my landlord?

Florida law imposes strict requirements of a landlord in order to retain a tenant's security deposit. Failure to timely comply with these requirements prohibits a landlord from making any claim to a tenant's security deposit. We assist landlords in complying with these essential provisions as well as assisting tenants in obtaining a refund of their security deposits.


Do I need a will?

Everyone should have a will. A will memorializes your wishes and desires upon your death. Florida law requires strict adherence to certain formal requirements for wills and a hand-written document is usually not valid. Also, an experienced estate planning attorney can advise you of the tax consequences of your devises and alternatives to devising assets to beneficiaries who are young or have special needs.


What is a Living Will?

A Living Will is a legal document that sets forth your wishes and desires for medical treatment should you become incapacitated and unable to advise medical personnel. A Living Will is not a substitute for a Will in which you devise your estate after your death.


What is a Health Care Surrogate?

A Health Care Surrogate is the person you name to make the decisions for your health care in the event that you are unable to do so.


What is a Power of Attorney?

A Power of Attorney is a legal document that gives a person the right to make the decisions of another. There are several types of Powers of Attorney which can be used for different purposes. Forms found online may not meet statutory requirements or may give the agent too much authority.


What is Probate?

Probate is the process thought which the court supervises the distribution of a decedent's assets to his beneficiaries and creditors. Some assets are exempt from creditors and others pass outside of probate. An experience probate attorney will be able to assist you in the probate process. Whether a court-supervised probate is necessary and the particular type of proceeding which Amy be required usually depends upon characteristics and value of the assets to be distributed.