Blog - Page 20 of 26 - Rubino Findley

28Feb 2022 by Pat Geddie

What Happens When Partners Disagree?

Partnership disputes can be among the most challenging because each person has their livelihood on the line. Partners may be dug into their position and have their own desired way of doing things. The best thing is to avoid litigation, but it is a definite possibility. If you find yourself in a disagreement that cannot be resolved, you should attempt to mediate the dispute with the other partner or partners. Try to talk through a neutral third party or through your lawyers to help lower the tension and find common ground. Many disputes can be resolved when the parties are able to take a step back from the brink. Always Check the Partnership Agreement If you cannot settle the dispute, the partnership agreement will dictate what happens when there are…

28Feb 2022 by Pat Geddie

Who Do You Want as Your POA?

Estate Planning

Choosing someone to act as your agent with power of attorney is a choice that should not be taken lightly. This is a person who will have an immense amount of power to make healthcare and financial decisions on your behalf. The wrong choice can cause problems for you and your family at a difficult time. Factors to Consider When Selecting a POA The first consideration is that the potential agent has the experience necessary to make decisions. For example, if the person has a financial power of attorney, they should be financially literate. The person with a medical power of attorney should be able to talk to doctors and process medical information. Second, you also want someone who is nearby to you to make decisions. This is extremely important…

31Jan 2022 by Pat Geddie

What are Intestate Succession Laws?

Estate Planning

It is always better to prepare in advance and have a will in place if something were to happen to you. However, Florida has laws on the books that provide more certainty if a person dies without a will. Nonetheless, your family would rather not be in a position of needing these laws. Intestate succession laws will determine who inherits property when someone does not have a will. Oftentimes, these laws would not even apply to much of your property. For example, assets such as retirement accounts and life insurance proceeds do not go through the court. So long as you have designated beneficiaries, they will receive the property directly from the institution that holds the assets without the need for court intervention. Property Shares When There Is No Will…

31Jan 2022 by Pat Geddie

When Can You Sue an Insurance Company?

Personal Injury Attorney

Insurance companies have a degree of power over your claim. After all, they are the ones who write the check, and they are in the position to make a settlement offer. However, they do not have an unlimited amount of authority to do whatever they want. In certain limited instances, you may even sue them if their conduct is in bad faith. An insurance company has a legal obligation to pay a legitimate claim and investigate that claim within a reasonable time period. One tactic that insurance companies like to use is inventing documentation requirements that are not a part of the policy and are not necessary for the claim. They may deny a claim without a valid reason or delay payment far beyond any reasonable period. There is a…

31Jan 2022 by Pat Geddie

Disputes Involving Contract Force Majeure Clauses

Civil Litigation

The force majeure clause is a crucial part of every contract that has been more than helpful during the recent pandemic and supply chain crisis. It excuses someone from performing a contract when a certain disruptive act happens that would make contract performance impossible. However, there can be disputes about the exact language of the clause. It is very important how a force majeure clause is written. The clause will lay out a list of events that excuse performance. These can be disasters or things described as “acts of God.” There may even be a broad catch-all clause that could include anything outside of a party’s control that would make performance impossible. Pay Close Attention to the Clause’s Language The court will look first to the language of the clause…

24Dec 2021 by Pat Geddie

What Is an LLC?

Business Law

When you are forming a business, you will carefully select the right corporate form. One popular choice that entrepreneurs make these days is a Limited Liability Company (LLC). This is a way that allows them to run their business with protection for themselves. An LLC has many of the benefits of a partnership without some of the risks. This is the simplest (and one of the safest) ways of incorporating your business. Protection from Liability The “limited liability” part of the term LLC refers to the potential responsibility that the owners would have in the event of a lawsuit. A claimant could not come after the owner’s personal assets unless they managed to “pierce the corporate veil.” Without this corporate form, the owners would be at risk (like they would…

24Dec 2021 by Pat Geddie

When Is a Contract Unenforceable?

Business Law

When someone is sued for breach of contract, one of the common defenses is that the contract is not enforceable for one of a number of reasons. Even though there is an agreement to perform, courts will not always enforce it if there is something wrong with the contract or the way that it was formed. Lack of Capacity There are some people who lack the capacity to enter into a contract. For example, people who are in cognitive decline or minors cannot legally sign a contract. The contracts that they sign will not be enforced. This is why contracts will usually be limited to people aged 18 or over. Unconscionable Contracts Courts will also decline to enforce contracts that are so one-sided that they are unconscionable. These contracts typically…

24Dec 2021 by Pat Geddie

Possible Complications During Probate

Estate Planning

Estate planning attorneys usually advise clients who have the ability to establish trusts to keep their estates out of probate. There are reasons for this. There are many complications that could arise during probate that can delay the distribution of assets and increase your expenses. Will Contests The biggest possible difficulty is that someone will contest the will. They may claim that someone had undue influence on the testator or that there was a lack of capacity to sign and execute the will. If they succeed, the court would decline to enforce the terms of the will, and everything is then up to the probate court. These challenges can be expensive and nasty. Creditors Emerging with Large Debts Part of the probate process is settling debts owed to creditors. They…

27Nov 2021 by Pat Geddie

Protecting Your Children with an Estate Plan

Estate Planning

An estate plan is about much more than the distribution of property. Of course, dealing with your assets is a large part of estate planning, but the entire process should be used with an eye towards working to protect your family - especially the next generation. The Orderly Transfer of Assets The main features of an estate plan are wills and trusts. If anything happens, you want to keep your children from having to go into court and go through a burdensome legal process to inherit the estate. They may not have any control over the process and will end up spending money on legal fees. Your estate plan will ensure an orderly transfer of assets. Instructions for Raising Your Children Beyond property, your estate plan should also specify what…

27Nov 2021 by Pat Geddie

What Does it Require to “Wind Up” a Business?

Business Law

For whatever reason, you may need to shut down your business. This is not a process that simply happens on its own. Before your business can come to a legal end, there are a number of steps that you must take. Some of the steps that you must go through are procedural. For example, you must file notification forms with government agencies informing them that you will no longer be in business. This includes: The Florida Secretary of State’s office The Internal Revenue Service Any government agencies that have given your business a permit You may also need to notify come creditors under state law Closing the Books on the Business Then, you must finalize your business books. This involves closing down your accounts and collecting all of the debts…

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What Happens When Partners Disagree?

Who Do You Want as Your POA?

What are Intestate Succession Laws?

When Can You Sue an Insurance Company?

Disputes Involving Contract Force Majeure Clauses

What Is an LLC?

When Is a Contract Unenforceable?

Possible Complications During Probate

Protecting Your Children with an Estate Plan

What Does it Require to “Wind Up” a Business?

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