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May 2016 Archives

Understanding statutes of limitations for contracts

When it comes to the law, nearly everything has what is known as a statute of limitations. A statute of limitations affects the amount of time by which any legal action must be brought against the party believed to be responsible for the wrongdoing. This, of course, includes serious criminal acts such as burglary or sexual assault, but it can also apply to civil wrongdoings such as personal injury or breach of contract.

Antitrust laws can affect your business

America is often called the land of opportunity, where a person can arrive with nothing but the shirt on his or her back and become a millionaire. While the American Dream may be growing more and more elusive, there will always be an opportunity for entrepreneurs and investors to start a successful business, thanks to the laws surrounding business in our country. Many business laws are specifically designed to ensure competition and encourage an open market of commerce.

Weighing the decision to go public

The thought of going public is exciting and terrifying to many businesses. On one hand, the ability to do so successfully could be a very good indicator that your business is doing well and will have a better chance of making it over the long term. When outside investors are given the ability to purchase shares in a company it could mean more money to spend on the business and expansion with the ability to purchase better equipment, improve marketing and expand the talent pool of your personnel. However, while those perks may make the decision sound like a no-brainer, the decision to go public is a give and take, not without real risks and should not be entered into lightly or without a full realization of what will be lost.

Do business law matters have statutes of limitations?

If you have any experience with the law, there is a strong chance that you have heard the phrase statute of limitations. This phrase is used to describe a length of time by which legal action can be taken against any perceived or alleged wrongdoing. Most people only consider statutes of limitations for criminal acts such as burglary or for personal injury matters such as a motor vehicle accident, but there are certain areas of business law for which a statute of limitations may be important.

Contact an attorney for real estate matters

The real estate market is often a reflection of the economic climate in general, and with the economy on the upswing, real estate is once again becoming a key factor in many people's financial plans. Real estate is especially important in coastal cities like Melbourne, where beachfront property and island residences remain highly coveted assets for many individuals. Whether you are seeking your dream retirement home within walking distance of the beach or looking to rent your pristine property in the lush Florida landscape, we can provide you with critical legal assistance.

Helping Florida residents with probate disputes

Nobody wants to go through a probate dispute, and yet such disagreements seem to occur all too often. Some people feel that squabbling over property and assets is callous in the wake of a lost loved one, but people do not always know when they will pass away, and sometimes wills do not truly reflect the desires and intentions of an individual. If one expects to live longer, he or she may put off changing a will until it is too late.

Moving could affect your executor selection

Most people dread moving for many reasons but one very common complaint is packing and unpacking. Another tough aspect is saying goodbye to friends, family and familiar comforts. But if your move includes more than a change of city or zip code, you may be looking at more changes than you ever could have imagined. If you are moving to another state, different state laws could change several issues you thought were in place and taken care of. Make sure you resolve any legal issues that could negate those you have put in place in Florida.

Advanced directives and moving

If you have an advanced directive in place and are considering moving, be aware that different state laws could jeopardize what you have in place in your living will or directive. Advanced directives and living wills, including healthcare by proxy, are regulated on a state level, which means if you created your directive in one state and then relocated to another state, you may find your directive is not allowed, at all or in part. Therefore, you will always want to review or revise your advanced directive and will when moving in order to better ensure it conforms to state law.

Eligibility requirement for long-term care insurance

If you are considering applying for long-term care insurance, then you probably know or suspect you will need it. The purpose of this type of insurance is to give people their independence back when they find chronic conditions physically or mentally limit them. Long-term care insurance is not intended to cover treatment of any medical conditions. But how do you know if you or a loved one is currently eligible to receive the benefits of this insurance and what does it cover?

How do I know I am choosing the right long-term care insurance?

There is no standard for long-term care insurance. This means that every policy can be substantially different and while any insurer is legally responsible for providing you with an explanation of terms and policies in something called an Outline of Coverage, the differences in policies can be very confusing. That's why you may benefit from having a healthcare law attorney in Florida thoroughly review the policy for you and determine if it is a fit for your needs.

Can I sue my neighbor for water damage?

There are pros and cons to being a homeowner. As a renter, you are not building equity with your payments but you are also not usually responsible for the cost of repairs and are not held liable if someone is hurt at your home. Premises liability is likely something you are at least vaguely familiar with. Can you collect from your neighbor when water causes damage to your home? Is the argument viable in court, ever? If so, in what cases?

No trust for the Prince's ransom

April saw the passing of an icon. Someone so unique and so creative that few realized how far-reaching his words were until his death. And now, with the musical legacy Prince leaves behind, the courts are in a flurry determining what becomes of his estate and his monetary legacy. It has been estimated to be as high as half a billion dollars. Surprisingly, a circuit court judge announced there doesn't appear to be any form of an estate plan to indicate to whom he would like to transition that legacy (and all its trimmings) to.

Understanding pensions for veterans and their families

For veterans who have served in times of war, a pension may be paid. This is based upon the particular need of the veteran as well as certain factors like non-service related disability and age. Beyond this benefit exists other benefits that can cover family and help in the even of detrimental occurrences. If your spouse was in the military, or perhaps a parent, you may have less than a strong idea of what financial options are available to you.

My house, my rules?

Are you buying real estate in Florida? Whether this major purchase is a first-time home or an investment property, you are probably relishing in the idea of making your own rules and being the king of your castle. If you've been a renter and have had to live in the shadow of the rules of a landlord, removing that part of your home life may be all the more desirable.

Three questions to ask when buying a short sale home

Buying a home that is a short sale may be a very attractive option financially, but is often a case of "buyer beware." The home may be gotten at a steal, with prior owners selling the property for less that they owe. This must have been done with the lender's approval but was likely the best of a series of unsavory options and could mean the prior inhabitants didn't leave on their terms.

How do I avoid probate?

The simplest way to avoid probate is to have everything that is in your name automatically pass to someone else when you die. This means having all of your affairs in order and maintaining them. The reason people strive to avoid probate is to avoid the time-consuming and costly process of distributing assets that are not automatically passed to a living heir.

What conduct is considered bad faith?

We typically pay a hefty chunk of our income to insurance companies in the hope that if we ever do need to draw upon that help, the insurer will cover costs that may be far greater than those we have paid to them. Of course, we are dealing in "ifs" and "maybes" and that's a primary way insurance companies make money. For all of those insured who never need to cash in on the maybe or the someday, the insurer stands to gain substantially.

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