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Review Your Company’s Legal Compliance for 2023

Review Your Company’s Legal Compliance for 2023

Business Law
No matter what your business is, your company must always follow laws and regulations. These rules can change every year as authorities pass additional laws or draft new rules. In addition, changes to your business could also impact whether and how the law applies to you. Compliance is an ongoing effort for every company. There is no such thing as “set it and forget it.” You should have policies and procedures that change as necessary to reflect the most current law. Your procedures are dynamic and should be continuously updated. As a business owner, you may not have the time or knowledge to stay on top of the new rules and how they may impact your business. However, you would still be expected to follow the law and can be…
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How Does Probate Begin After Someone Passes Away?

How Does Probate Begin After Someone Passes Away?

Estate Planning
When your loved one died and left a will or passed away without an estate plan, your family would need to go through the probate process for the assets to be distributed to the heirs. Probate does not begin on its own. You would need to take a number of steps to start the process. When the deceased person left a will, they would have designated someone to serve as the personal representative (often known as the executor). This person has the role of acting on behalf of the estate, both to the court and in terms of the property. The personal representative will file a copy of the will with the court and the necessary forms to begin the probate process. In Florida, the major issue is that the…
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Options for Resolving Construction Disputes

Options for Resolving Construction Disputes

Civil Litigation
  Construction disputes can frequently arise, both during the performance of the contract and afterward. Both parties to the contract have rights and obligations. Not every construction dispute will go to litigation. Many disagreements are resolved through negotiation and communication. Each party may communicate its own point of view to the other, either verbally or through their attorney. If the parties are having difficulty resolving the dispute, they may even enlist a mediator to help them talk. The negotiations could result in an agreement or a modification to the existing contract. If parties want a neutral party to decide their dispute without the expense and bitterness of litigation, they may even opt for arbitration. Talking is usually preferable to litigation. Some disputes can be difficult to resolve, and one or…
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Why Many People Need to Appeal Insurance Denials

Why Many People Need to Appeal Insurance Denials

Uncategorized
When lawyers talk about insurance companies and the tactics that they use, it is not just a scare tactic to generate business. Lawyers know how difficult all insurance companies are because they see it every day. Insurance companies are for-profit businesses that try to profit at your expense. In Florida, insurance companies do not make as much money, so they use even more aggressive tactics. You may file one of a number of types of claims with the insurance company and are shocked to learn that it has been denied. The insurance company will often split hairs with the language of your coverage, and they may even read in requirements that are not there in the first place. The insurance company may have its own internal appeal process to review…
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Are You Closing on a Home? Do You Need a Real Estate Lawyer?

Are You Closing on a Home? Do You Need a Real Estate Lawyer?

Uncategorized
The real estate closing process can be fraught with potential difficulties. The last thing you need when you are closing on a home is to have one of these hurdles sink your deal. Further, if something goes wrong during closing, you may find yourself on the hook if something goes wrong later. Hiring a real estate closing attorney is an investment that you make in your deal that could protect you from potential liability. Florida law does not require you to have an attorney when you close on a home. However, it is an investment that you should consider making, both to make things easier for you and to give you legal peace of mind. Your real estate attorney can begin to help you early in the process by reviewing…
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Do You Have a New Business Idea for 2023?

Do You Have a New Business Idea for 2023?

Business Law
Like many people, you may decide to pursue a new venture in the coming year by starting a business. You must prepare to start a new business, and that includes the legal infrastructure that you need in place for a company. When you are starting a business, it is not as simple as starting to market your product and making money. There are many choices that you must make and paperwork that you need to complete in order to begin the process. For example, you would need to choose the corporate form that works best for your situation. If you are working with someone else, you must have an agreement with them that details your rights and obligations. Then, you would need bylaws that would govern how you run your…
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Does Every Estate Need Probate?

Does Every Estate Need Probate?

Estate Planning
Probate is a word that strikes fear into the hearts of many families when they learn that they will have to go through the process. There can be delays and hassles before an estate is finally able to be closed and the property transferred to the heirs. Not every estate has to go through the probate process. Probate is the name for the legal process that validates the will and transfers title in the property to the heirs. If the property has already been transferred, there is no need for probate. Specifically, if a trust has already been established, probate would not be required. The trust is already in operation and holds title to the property. As soon as the trust is established and funded with property, it becomes the…
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Benefits of Outsourced General Counsel

Benefits of Outsourced General Counsel

Business Law
Hiring a full-time lawyer for your company means a major expense, between their salary and benefits. Many smaller companies have a need for legal work but not enough demand that justifies hiring someone on staff. Your company can still get legal help without the full expenses of hiring when you outsource your general counsel work. An outsourced general counsel will still be a partner to your business. They will get to know your company and needs. Your attorney would anticipate legal issues and provide you with the same services that an on-staff general counsel would. Having an attorney that knows your company will aid in your efforts at risk management. At the same time, you can focus on your core business while a qualified professional handles your legal needs. If…
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Breaking Up with Your Business Partner

Breaking Up with Your Business Partner

Business Law
The old adage is that breaking up is hard to do. It is even more difficult when you are dealing with a business partner. You must protect your legal interests at a time when emotions may be raw while preserving the ability of your company to keep operating. Regardless of the corporate form of your business, a business breakup will be difficult. You will likely have some form of operating or partnership agreement that governs your relationship with your business partner. This document will control the dissolution process. If you have a partnership, a breakup may mean the end of your business arrangement. If you have an LLC or other type of corporation, you would consult the operating agreement for how the breakup is handled. There may be terms that…
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When Do You Need an Attorney for Probate?

When Do You Need an Attorney for Probate?

Estate Planning
There is no requirement that you have an attorney for the probate process, but it would certainly make sense for your family under many circumstances. If your estate is complex, or if there are any gray areas, you would want an attorney. The executor may need advice about how to fulfill their role. They may have difficulty with a particular family member or want to know how they can fulfill their fiduciary duty to the estate. If the estate does not qualify for simplified procedures, you should certainly consider hiring an attorney. You would certainly need an attorney if there are any disagreements that could lead to a lawsuit. Family members could disagree over the will itself, with one possibly claiming that the will itself is invalid for one of…
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