Blog - Page 21 of 28 - Rubino Findley

06Aug 2022 by Pat Geddie

Common Title Issues

Problems with the title can get in the way of what you think will be a routine closing. Title companies report that they have to do some work to resolve title issues in roughly one-third of closing. Here are some common issues that could impact your closing. Liens When a property owner owes money, one way that someone can potentially collect is by placing a lien on the property that gives them an entitlement to sell the property to recover all or part of the debt. A lien is attached to the property, as opposed to being levied against a person. Therefore, the lien would pass with the property if it is not detected or resolved. Unclear Boundaries and Easements The neighbor may claim part of the property because the…

30Jun 2022 by Pat Geddie

Steps to Form a Business

Business Law

From a legal standpoint, forming a business is not something that happens automatically. It takes work and planning to make the necessary choices and execute them. An experienced business law attorney can work with you on this process. The first step is to choose a business structure. You have various options, and the one that you select could determine things such as: Your personal liability for your business debts and obligations Your tax status Whether your business would survive owner disputes The reporting obligations for your business Then, there are numerous registrations that you would have to file, including: With the Florida Department of State Registering the business name Registering with the IRS to receive an employer tax identification number Registering with the Florida Department of Revenue In addition, you…

30Jun 2022 by Pat Geddie

What is a Bad Faith Insurance Claim?

business law FAQ

Even if you are not their customer, an insurance company has certain obligations to you under state law. Although every insurance company has their toolbox of tricks that they regularly use to make your life more difficult, there is such a thing as crossing the line. If they do, you can file a bad faith claim directly against the insurance company. While you may expect insurance companies to make lowball settlement offers and try to save themselves some money, you would still expect them to make good on their obligation to pay claims when a policyholder causes damages. A bad faith claim refers to situations where an insurance company tries to avoid its legal obligations by reneging on its obligation to pay. Insurance companies can engage in bad faith by:…

24May 2022 by Pat Geddie

Common Title Issues When Purchasing Real Estate

Real Estate

The title is what ensures that you actually own the real estate that you purchase. Before the deal closes, you must ensure that the title is completely valid. Otherwise, you may not be getting the full benefit of the bargain. Easements One common issue is an unknown easement on the property. An easement allows someone else to use part or all of the land for a certain purpose. When there is an easement, you have to share use of the land. Someone else may have access to the property. Undiscovered Encumbrances Someone else may hold a lien on the property. There could be a third party, such as a bank or the government, that was not paid what they were owed. The lien attaches to the property itself, as opposed…

24May 2022 by Pat Geddie

Drafting Enforceable Business Contracts

Business Law

The terms of your business contracts will be what protect you in the event of a dispute. However, the contract may not always be enforceable if the matter is litigated in court. Here are some tips for drafting enforceable business contracts. The first thing is to make sure that the goals of the contract are clear. Each agreement requires consideration. Each party must do something for the other or give up some sort of right. The language of the contract should be clear and definite and should leave no doubt as to key terms. In that regard, your contract should contain all the key terms of an agreement and not exclude anything. Make sure that you state that the contract represents the entire agreement between the two parties, so there…

24May 2022 by Pat Geddie

Requirements for a Valid Will

Estate Planning

Just because someone thinks they have a will in place does not mean that it will be valid and enforceable when the time comes. There are certain key requirements that, if they are not met, can render the will invalid. The first requirement is that the will be in writing and signed. Oral wills are not valid or enforceable. The will must be witnessed and signed by two people. You can have the will notarized, although it is not a requirement. A notarized will does not need further proof of its validity. The second requirement is that the testator has the legal capacity to make a will. First, they must be 18 years or older. Then, they must be of sound mind to make the will and not under the…

27Apr 2022 by Pat Geddie

Do You Always Need a Real Estate Lawyer?

Real Estate

When people are buying or selling a property, they often want to try to economize and save money. After all, buying a house has become prohibitively expensive. One place where people should not try to save a few dollars is by going without an attorney. There are too many things that can go wrong in a real estate deal. Even the slightest mistake in the documents can cause you financial and logistical headaches. The contract of sale is exactly that - a contract, meaning that you are bound by its terms. If you do not have the protection afforded to you by specific terms that you need, you can face a financial loss, whether you are a buyer or seller. There are other issues that arise in a real estate…

27Apr 2022 by Pat Geddie

General Counsel Services for Your Business

Civil Litigation

No matter what stage of growth your business is at, you will always need legal help at some point. Whether it is reviewing a contract, handling a dispute, or negotiating a corporate agreement, an experienced attorney can provide value. However, you may not have the need or budget for a full-time attorney. We help businesses in this position by providing outsourced general counsel services. An outsourced general counsel partners with you. They know your business because they work with you on a regular basis. Not only do they help you as legal issues arise, but they also are on the lookout for things that can affect your business. In addition, an outside general counsel can assist your business by building out your legal function and establishing an infrastructure that will…

27Apr 2022 by Pat Geddie

Is it Time to Amend Your Estate Plan?

Estate Planning

Once you have established an estate plan, it should not be on autopilot for the rest of your life. Circumstances can change, whether it is because of the passage of time or a major life event. There are times when you must change your estate plan to reflect a new reality. From time to time, you should review your estate plan with an experienced attorney. Here are some reasons why you may need to change your estate plan: Someone listed in your estate has passed away You may have had a major life event like a marriage or divorce Your relationship with someone in your estate plan may have changed Your financial situation has changed You may have rethought your aims and what is important to you Estate Plans Are…

28Mar 2022 by Pat Geddie

What is the Role of a Probate Judge?

Estate Planning

Most estates will go through probate after someone dies before the family can close the estate. During this process, the will is validated, and creditors are paid back what they are owed. Each case will be assigned to a probate judge. In the best-case scenario, the role of the probate judge will be limited. If there is a will, the executor will handle the matters of the estate. The role of the probate judge will usually be to review and sign off on the paperwork. If the probate judge must take on a larger role, it is a sign that something is wrong in the process. The probate judge will become involved if there is litigation. For example, if an interested party is challenging the validity of the will, there…

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Common Title Issues

Steps to Form a Business

What is a Bad Faith Insurance Claim?

Common Title Issues When Purchasing Real Estate

Drafting Enforceable Business Contracts

Requirements for a Valid Will

Do You Always Need a Real Estate Lawyer?

General Counsel Services for Your Business

Is it Time to Amend Your Estate Plan?

What is the Role of a Probate Judge?

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