Blog - Page 14 of 22 - Rubino Findley

29Nov 2022 by Pat Geddie

Breaking Up with Your Business Partner

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…

20Oct 2022 by Pat Geddie

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…

20Oct 2022 by Pat Geddie

Ways to Value Your Business

Business Law

There may be certain occasions when you need to value a business. For instance, you may want to buy out a minority shareholder or carry out another corporate transaction. You may need to place a worth on the business for estate planning or family law purposes. Regardless of the reason, valuing a business is not always a straightforward calculation. There are a number of ways to come up with a business valuation. The most common business valuation method is discounted cash flow. You would estimate the amount of money that the business would generate in the future and discount it by a present value factor. The challenges are both estimating future growth and determining the right discount rate. Accountants may use the enterprise value for a business. This calculation involves…

20Oct 2022 by Pat Geddie

What is Insurance Bad Faith?

Civil Litigation

Lawyers will always tell you that an insurance company can make your life difficult in many ways. Some of these are just the usual ways that an insurance company will do business. In some cases, the insurance company may cross a line where its actions could violate state law. When that happens, you may have a bad faith claim against the insurance company. The insurance company has certain legal obligations to policyholders and claimants. These principles are a part of contract law, which requires a duty of good faith and fair dealing. The opposite of this is bad faith, where the insurance company does what it can to renege on its contractual obligations. Here are some examples of possible insurance bad faith: Extensive and unreasonable delays in processing and addressing…

03Oct 2022 by Pat Geddie

How Can A Lawyer Help at a Real Estate Closing

Real Estate

Hiring an experienced real estate lawyer can help protect your legal interests at closing. There could be a number of issues that arise that could either complicate the deal or pose a risk to your finances. An attorney can help you renegotiate if necessary or even negotiate to keep the deal as intact as possible in light of the challenges. Every real estate closing has numerous documents that must be reviewed before they can be signed. Do not make the mistake of rushing through these documents. Your legal rights are described in these documents, and any errors could cost you in the future. An attorney can review the document before you sign them. In addition, you may learn of defects in the title of the property during a title search…

03Oct 2022 by Pat Geddie

Risks of a General Partnership

Business Law

If you are in a partnership, you are truly partnered with the other people in every respect of the word. What they do wrong is what you do wrong. You are fully liable for the debts of the partnership and anything else that happens. For example, if one partner is involved in a car accident, all of the partners are legally responsible for paying the damages. The same goes for any debts that one of the partners runs up in the name of the partnership. In other words, the partnership can be a liability nightmare for the unsuspecting partner. You may be going about your business and doing nothing wrong and find yourself on the receiving end of a large bill that can destroy your finances and credit permanently. When…

03Oct 2022 by Pat Geddie

Mechanic’s Lien Basics

Real Estate

There are various things that may put a cloud on the title of real estate. People who have performed work on the property and have not been paid may have the ability to put a lien on the title that must be satisfied before the property can be sold. Contractors and builders have a legal right to be paid for the work that they have done. They have more than just the ability to send a bill to a customer. If someone does not pay for a builder's work, they cannot easily escape further liability. Even if the mechanic cannot get the money by other means, they can put a lien on the property. This lien would have a higher priority than other creditors if someone were to go bankrupt.…

31Aug 2022 by Pat Geddie

Benefits of Outsourced General Counsel Services

Business Law

Your company may be new, and you may not have the budget to hire a full-time attorney. You may still have the need for legal services, however, and you should not go without them. An outsourced general counsel can enable you to hire an attorney without needing to bring one on to your staff. It is a cost-effective way to get legal help without taking on more than you can financially handle. When you hire an outsourced general counsel, you pay for only the legal services that you need. You could hire the outsourced general counsel on an as-needed basis, or you may use their services for a specified period. Regardless of which method you choose, you would get a dedicated attorney who takes the time to learn about and…

31Aug 2022 by Pat Geddie

Drafting an Operating Agreement

Business Law

A limited liability company is an important legal option for your business that can both protect you personally and give your company added credibility in the eyes of stakeholders. LLCs are governed by operating agreements. These are binding on your LLC, so it is important that you get it right when you first draft it. Otherwise, you could end up in costly litigation. Even though Florida law does not require your LLC to have an operating agreement, it is a good idea to have one anyway. There are a number of choices that you must make when you are drafting an operating agreement. Here are some things that your operating agreement should cover: The number of members How management is to be structured Member investment in the LLC How profits…

31Aug 2022 by Pat Geddie

Who Should be Your POA?

Estate Planning

A person who holds power of attorney has a significant amount of responsibility. They act in your stead when you can no longer make certain key decisions. Therefore, you should be confident that the person you select has the ability and necessary skills to act in this critical role. Choosing someone to hold your power of attorney is not a decision that should be taken lightly. There are two primary types of power of attorney: Financial power of attorney Health Care power of attorney For someone to make financial decisions for you, they should have the required judgment and experience. They should both understand financial matters and know how to carry out what they believe to be your wishes. The person should be level-headed and financially savvy. For a health…

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Breaking Up with Your Business Partner

When Do You Need an Attorney for Probate?

Ways to Value Your Business

What is Insurance Bad Faith?

How Can A Lawyer Help at a Real Estate Closing

Risks of a General Partnership

Mechanic’s Lien Basics

Benefits of Outsourced General Counsel Services

Drafting an Operating Agreement

Who Should be Your POA?

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