Community Property Rights in a business, in a non community property state

If you’ve moved that family owned technology or other # business to Florida from a community property state like California or Texas and divorce is rearing its ugly head, you’re going to run into the Florida Uniform Disposition of Community Property Rights at Death Act and its associated case law. Are you prepared?

Resurgence of the Ethical Will

Resurgence of the Ethical Will The will is a set of instructions for the distribution of our money and our assets upon our death. But, are these things really our only or even most important legacy? On reflection, most people would say not. Perhaps the most important part of who we are is reflected in […]

LLC’s. End of the tunnel or oncoming train…

LLC’s. End of the tunnel or oncoming train… So you thought you handled the issue of organizational risk when you used a Limited Liability Company to start your business… well, maybe not so much. Florida has more than a half dozen general exceptions to the limitation of liability through the use of the limited liability […]

Don’t lose your commercial Lease renewal rights

Don’t lose your commercial Lease renewal rights Those of you with commercial leases who are relying upon a renewal or extension provision in the lease to maintain your business location in the future need to specifically review those provisions. A Florida Appellate Court recently ruled that renewal option terms providing for “the then prevailing market […]

Trust Modification

“I’m sure that we can modify grandmother’s trust…….” With the significant changes in society and the law over the years, many long term trust provisions have been what some refer to as “OBE” (overtaken by events) . To deal with situations that have become unmanageable, some jurisdictions including the State of Florida provide for the […]

The Greater Good

The Greater Good There is this thought that lingers in those certain moments, that has us asking what we can do or how we can do or use some part of what we are doing for the greater good. We don’t see ourselves diving into or sending our operating assets into that big broad not-for-profit […]

Veteran Owned Small Businesses

Veteran Owned Small Businesses In helping provide small businesses access to the government procurement marketplace the government has created programs for Veteran Owned Small Business (VOSB) and Service-Disabled Veteran Owned Small Business (SDVOSB). These programs provide advantages to veteran owned and controlled small business in the procurement process and follow either VA or SBA rules, […]

Contract Non Compete Clauses

Does Florida’s non compete law pass the truly obnoxious test? In refusing to enforce a Florida non compete agreement, a New York Court of Appeals called Florida’s non compete statute contrary to public policy indicating that it fails the “truly obnoxious test” The Florida Statute provides generally that an agreement not to compete that is […]

Tools for Planning Finances for Long Term Care

  Many of us put off addressing concerns about planning for long term care for our parents and making plans for our own later year.  Because of the costs which range easily from $3000 to $12000 per month as well as today’s extended life expectancy, many have to resort eventually, if not initially to government programs […]

COMMERCIAL REAL ESTATE. “INSTANT FORECLOSURE”

COMMERCIAL REAL ESTATE, “INSTANT FORECLOSURE” Commercial Real Estate owners in states such as Florida have operated with the knowledge that, should the economic winds turn against them, they could see some benefits from the real estate lender having to pursue its rights through the real estate foreclosure process.  This process involves a proceeding in equity which […]