Blog - Page 21 of 26 - Rubino Findley

31Jan 2022 by Pat Geddie

Disputes Involving Contract Force Majeure Clauses

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…

27Nov 2021 by Pat Geddie

Benefits of an Attorney in a Commercial Real Estate Deal

Real Estate

You should never enter into a commercial real estate deal without the help of a lawyer. Once you sign your name on the agreement, you have entered into a contract that binds you, even if there are unfavorable terms. Below are ways an attorney can help with your transaction. Negotiating the Deal A commercial real estate transaction has many terms, each of them giving you legal rights or obligations. When you are handed a contract or draft terms, it is merely the opening of what could be a lengthy negotiation. When there is so much at stake, you can be assured that many clauses will be the subject of a back-and-forth. Your lawyer can negotiate directly with the other side to get you the most reasonable terms possible. Reviewing the…

19Oct 2021 by Pat Geddie

Do You Need a Probate Attorney?

Estate Planning

Probate is the process of administering an estate after someone passes away in Florida. Even though you are grieving a lost loved one, you still have to go through the legal process, and the individual appointed (by a will or by the probate court) will need to serve as the deceased’s personal representative, also known as an executor. While many probate cases go relatively smoothly, there are complications that can arise, which can add time and expense to the process - not to mention stress in an already stressful situation. If there is a probate dispute, there can be a lot at stake, depending on the nature of the estate. Never hesitate to discuss any concerns with a Boca Raton probate attorney if you believe you might need legal assistance.…

19Oct 2021 by Pat Geddie

Common Shareholder Disputes

Business Law

Shareholder disputes can arise in any corporation, public or private, large or small. Sometimes, disagreements arise between the shareholders themselves or between company owners and shareholders. There can be many different issues at the heart of these disputes, but one thing is always true - it is important to resolve shareholder disputes as efficiently and effectively as possible to preserve the company’s bottom line. Common issues involved in a shareholder dispute include: The breach of the shareholder agreement Breach of fiduciary duty Disagreements about the management or direction of the company Minority shareholders getting bullied by majority shareholders Personal issues that impact business relationships Conflicts of interest Discrepancies in contribution or compensation Inadequate distribution of dividends Allegations of fraud or unlawful conduct by the company Whatever a dispute entails, the…

19Oct 2021 by Pat Geddie

Do You Have a Bad Faith Insurance Claim?

Auto Accidents

When you pay for property, business, or professional insurance coverage, you expect the insurance company to come through should you have a time of need. When the unexpected happens, it can be costly, though you can rest assured that you can seek insurance benefits to cover the losses. However, it is rarely that simple. In too many cases, insurance companies fail to hold up their end of your contract. This can happen in different ways, including: Causing unreasonable delays for your claim processing Not sending a benefits check in a timely manner Failing to investigate a claim fully Denying a valid claim that should be covered under your policy If any of these are keeping you from the benefits you are entitled to, you should immediately seek assistance from an…

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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?

Benefits of an Attorney in a Commercial Real Estate Deal

Do You Need a Probate Attorney?

Common Shareholder Disputes

Do You Have a Bad Faith Insurance Claim?

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