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Real Estate Law Article

The Basics of Platting Property

May 28, 2020/in Real Estate Law /by CCLM Law

When purchasing property, it is likely that one of the documents you come across will be the plat of the property that you’ve purchased. Plats are useful tools in land planning and have been used to map and describe land and everything located on that land including lots, roads, and property boundaries. Understanding what a plat is can be helpful when you are purchasing real property that is subject to a plat.

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Estate Category

Preparing your Estate Plan During a Pandemic

May 14, 2020/in Estate Planning /by Kevin Albaum

As a result of the surge of COVID-19 cases throughout Florida recently, many Floridians who had not considered getting a last will and testament prepared or not previously contemplated their mortality are now seeking to get their legal affairs organized quickly. While most people only have mild symptoms of COVID-19, it does not hurt to be prepared by having your estate plan in order. I’ve always felt strongly that everyone should have at least a basic estate plan, regardless of the COVID-19 outbreak, so a person’s wishes will be honored in the event of death, incapacity or a health crisis. Having an estate plan implemented is meant to ease concerns by knowing who will be in charge and what will happen if something unexpected happens to you or your loved ones.

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Corporate Law Article

Registered Agents

March 19, 2020/in Corporate Law /by CCLM Law

If you are starting the process of forming a business in Florida, you will need to familiarize yourself with all the requirements. One of those requirements is to designate a registered agent for your business.

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Corporate Law Article

Transferring Real Property Between Subsidiaries

March 5, 2020/in Corporate Law /by CCLM Law

A common approach many businesses take is to create one holding company, and that holding company owns a number of different companies underneath it, usually called subsidiaries, with each subsidiary being a different business venture by the primary holding company.

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Real Estate Law Article

Remote Online Notarization

February 6, 2020/in Real Estate Law /by Mike Workman

With a new year came a new change to the Florida notary statute. Beginning on January 1, 2020, remote online notarization procedures are now authorized for real estate closing documents and other documents that require a notary acknowledgment. Previously, a notary and a person signing a document requiring a notary acknowledgment had to be in […]

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Real Estate Law Article

The Benefits of Hiring an Attorney When Purchasing a Home

January 23, 2020/in Real Estate Law /by CCLM Law

When purchasing a home, many legal issues can arise. Hiring an experienced real estate lawyer who is trained to handle the purchase and sale of real property is helpful to navigate the process.

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Estate Category

Secure Act and Its Impact on Retirement Plans

January 9, 2020/in Estate Planning /by CCLM Law

On December 20, 2019, the President signed into law the “Setting Every Community Up for
Retirement Enhancement” Act (the SECURE Act). The Secure Act modified many requirements
for employer-provided retirement plans, individual retirement accounts (IRAs), and other tax-favored savings accounts.

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Tax Law Article

The Qualified Target Industry Tax Refund

December 27, 2019/in Blog, Tax Law /by CCLM Law

By: Zachary Brown A tax incentive is a way that the government can encourage or attract certain economic activities to a particular area. Tax incentives typically are aimed at attracting investment as a way of increasing employment, economic output, research and technology development, and improving infrastructure to surrounding areas. Tax incentives are offered at the […]

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Estate Category

How Assets Transfer When a Person Dies

December 12, 2019/in Estate Planning /by Kevin Albaum

When a person dies their assets generally transfer to a new owner in one of four ways as follows: Joint Owner with Survivorship Rights; Payable-On-Death/Transfer-On-Death/Beneficiary Designation (“Beneficiary Designation”); via Probate; or via a transfer to a Trust.

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Real Estate Law Article

I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY

December 2, 2019/in Real Estate Law /by Mike Workman

When purchasing real property in Florida, people will often tell you to make sure that you get “clear title” or “good title” to the property. That sounds like good advice, but what does it really mean?

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Real Estate Law Article

Understanding Deeds

November 14, 2019/in Real Estate Law /by CCLM Law

For first time homebuyers, or even experienced homebuyers, there are many different aspects of a real estate transaction that seem confusing. One of the most confusing areas can be understanding the different types of deeds.

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Real Estate Law Article

Implied Warranties When Selling Residential Real Property

October 31, 2019/in Real Estate Law /by CCLM Law

When purchasing residential real property, purchasers and sellers should consider warranties that the seller will provide to the purchaser. Typically, warranties are expressly stated in the contract the purchaser and seller negotiate. However, new home builders who sell residential real property provide certain minimum warranties to the purchaser, regardless of whether or not those warranties are included in the contract.

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Elder Law Article

What to Consider When Appointing a Fiduciary?

October 17, 2019/in Elder Law /by Kevin Albaum

A well-crafted estate plan will require a person to appoint individuals or financial institutions to represent them in the event they: need assistance with their affairs during their lifetime, lose capacity, or after death.

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Real Estate Law Article

Borrowing Money Secured by Real Estate

October 4, 2019/in Real Estate Law /by Mike Workman

When borrowing money to acquire or refinance real property in Florida, the lender will prepare an entire loan package for you to sign at closing. The two main documents in the loan package are the promissory note and the mortgage.

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Corporate Law Article

Choosing the Right Business Structure

September 19, 2019/in Corporate Law /by CCLM Law

Starting a new business is a stressful time. From hiring employees to determining an operating budget, there are many decisions to make in the beginning stages of the creation of your business. One of the most important decisions is choosing a business structure that’s right for you.

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Tax Law Article

LLC’s Electing to be taxed as S Corporation

September 5, 2019/in Blog, Tax Law /by CCLM Law

Limited liability companies (“LLC”) have become a popular entity for owning and operating a business.

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Estate Category

Electronic Wills in Florida are Coming, But are They a Good Idea?

August 22, 2019/in Estate Planning /by Kevin Albaum

Effective, January 1, 2020, adult Florida residents will legally be allowed to execute an electronic last will and testament (a “Will”) to dispose of their property when they die.

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Corporate Law Article

An Overview of Limited Liability Companies

July 25, 2019/in Blog, Corporate Law /by CCLM Law

A limited liability company, commonly referred to as an “LLC”, is a type of business entity that has become popular in the United States because of some of the benefits it provides to business owners.

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Real Estate Law Article

The Impact of Easements on Real Property

July 11, 2019/in Blog, Real Estate Law /by Kyle Jensen

By: Kyle H. Jensen A person interested in purchasing real property should always determine whether any easements burden or benefit the real property and the impact such easements have on the real property. An easement is a right held by a person to use another person’s real property, or portion thereof. Generally, easements provide non-owners […]

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Estate Category

What is Probate?

June 27, 2019/in Blog, Estate Planning /by Kevin Albaum

Probate is the legal process through which a deceased person’s debts are paid and assets are distributed to their heirs or designated beneficiaries via a court process.

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Tax Law Article

DOCUMENTARY STAMP TAXES

June 13, 2019/in Blog, Tax Law /by Mike Workman

By: Michael E. Workman, Esq. If you have bought or sold real property in Florida, or if you have borrowed money in Florida, then you have probably seen references to the collection and payment of documentary stamps taxes. You may have heard them referred to as doc stamps or the stamp tax. Documentary stamps taxes […]

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Landlord and Tenant

Tenant Considerations in Leasing Commercial Property

May 31, 2019/in Blog, Landlord and Tenant /by Kyle Jensen

Tenants determining whether commercial property is suitable for their business often consider the location and appearance of the property, the cost to rent the property, and other similar business factors.

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Landlord and Tenant

Landlord Remedies upon a Breach of a Residential Lease by Tenant

April 4, 2019/in Blog, Landlord and Tenant /by CCLM Law

Landlords can be put into precarious situations upon a breach by a tenant. Normally the contract, or lease agreement, signed by the landlord and tenant will spell out what constitutes a breach, and what remedies may be available to the landlord in the event a lease is terminated.

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Real Estate Law Article

Eminent Domain and Just Compensation

March 21, 2019/in Blog, Real Estate Law /by CCLM Law

How does government acquire the land it uses to install utilities or construct new roads? It exercises an authority that is called eminent domain. Eminent domain allows the government to take private property if it is for a “public use.” The phrase “public use” is contentious since, depending on who is defining it, could greatly limit or increase the government’s authority to take private property. This article gives some background on what eminent domain is, and how property owners can either fight it or at least be fully compensated for it.

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Elder Law Article

Retroactive Medicaid in Florida Has Been Eliminated: Is This Good or Bad?

March 7, 2019/in Blog, Elder Law /by Kevin Albaum

By: Kevin R. Albaum, Esq.Clark, Campbell, Lancaster & Munson, P.A. Medicaid is a joint federal and state health insurance program that will help many people with limited income and resources pay for their health care. For those with disabilities or illness and no funds available to pay for care, Medicaid health insurance is often the […]

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Landlord and Tenant

PROTECTING LANDLORDS FROM LIENS FOR TENANT IMPROVEMENTS

February 21, 2019/in Blog, Landlord and Tenant /by Mike Workman

Often a tenant will want to make improvements to the premises that it is leasing from a landlord, and sometimes the lease agreement will require the tenant to make improvements.

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Landlord and Tenant

Landlord Considerations in Leasing Commercial Property

February 7, 2019/in Blog, Landlord and Tenant /by Kyle Jensen

By: Kyle Jensen, Esq. Clark, Campbell, Lancaster & Munson, P.A A commercial lease agreement is an agreement between an owner of commercial real property, known as the landlord, and a third-party desiring to rent such commercial property, known as the tenant. The lease agreement provides the tenant with the right to use the property, sets […]

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Real Estate Law Article

Distinguishing Variances and Special Exceptions

January 24, 2019/in Blog, Real Estate Law /by CCLM Law

There are many avenues that property owners could travel to get around certain restrictions that local governments impose upon property throughout their jurisdiction. Sometimes local governments will restrict, for example, how high buildings can be built, or how property can be used.

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Elder Law Article

The Basics of Medicaid Financial Eligibility for Nursing Home Residents

January 10, 2019/in Blog, Elder Law /by Kevin Albaum

A person’s transition to a skilled nursing facility (a/k/a “Nursing Home”) is often a very difficult time for a family. Not only is the person’s physical or mental health often declining but the person and/or their family is often burdened with figuring out how to pay for the facility.

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Labor and Employment

Tips on Tips: How Business Owners Can Handle Employee Tips

December 13, 2018/in Blog, Labor and Employment /by CCLM Law

Tipping is a clear process that most of us consider second nature at this point. However, the law behind the tip, and how employees and employers utilize the tip, is less clear.

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Corporate Law Article

Pitfalls of Purchasing a Business

November 29, 2018/in Blog, Corporate Law /by Kyle Jensen

Acquiring an established and successful business may appear to be an attractive and low risk proposition for both experienced or novice entrepreneurs; however, there are numerous issues a prospective buyer should consider and pitfalls to avoid before purchasing a business.

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Corporate Law Article

A Starting Guide to Non-Conforming Uses

November 15, 2018/in Blog, Corporate Law /by CCLM Law

Question: If I’m operating a business in a zoning district that my business is no longer eligible to operate in, what can I do?

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Real Estate Law Article

Defect Disclosure Requirements for a Residential Sale

November 1, 2018/in Blog, Real Estate Law /by CCLM Law

Historically, when real property was being bought and sold the doctrine of caveat emptor or “let the buyer beware” controlled. Under this doctrine, it was the buyer’s sole responsibility to determine if any defects were affecting the property and the seller had no obligation to bring such defects to the buyer’s attention.

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Tax Law Article

Are Peanuts and Crackerjacks at the Ballpark Still Deductible for a Business?

October 18, 2018/in Blog, Tax Law /by Kevin Albaum

The Tax Cuts and Jobs Act of 2017 (“TCJA”) lowered tax rates for businesses.  However, certain business deductions of the past were eliminated as well.  This article will address entertainment expenses and business meals under TCJA.

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Corporate Law Article

Employer Access of an Employee’s Personal Information on a Work-Device

October 4, 2018/in Blog, Corporate Law /by CCLM Law

Question: What information may an employer access from an employee’s employer-issued mobile device?

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Labor and Employment

Construction Liens – Timing is Key

September 20, 2018/in Blog, Labor and Employment /by J. Matthew Kelly

Under Florida law, certain individuals and entities who provide labor, work, or materials for the improvement of real property may have a lien on the real property for the value of the labor or materials supplied.

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Estate Category

Overview of Undue Influence Will Contests

September 6, 2018/in Blog, Estate Planning /by Kevin Albaum

The term “Undue Influence” is a legal cause of action that can be brought in court when it is believed that a deceased person’s Last Will and Testament (trust, deed, beneficiary designation, etc.) was the product of another person’s over-persuasion, duress, force, coercion… to such a degree that the person who signed the document did not use their own free will power in executing the document.

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Real Estate Law Article

To Survey or Not To Survey

August 23, 2018/in Blog, Real Estate Law /by Kyle Jensen

There are many issues a buyer must consider and pitfalls a buyer must avoid when purchasing real property, regardless of whether the buyer is acquiring a large commercial center or the buyer’s first home. Accordingly, an experienced buyer will thoroughly investigate prospective real property to determine whether such real property is suitable for the buyer’s intended purposes. One of the most important steps buyers often take when investigating real property is to obtain a survey.

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Corporate Law Article

Are salaried employees exempt from overtime pay?

August 9, 2018/in Blog, Corporate Law /by J. Matthew Kelly

The Fair Labor Standards Act (the “FLSA”) is a federal law which regulates, among other things, minimum wage and overtime pay. The FLSA generally sets a workweek at forty hours and requires that employees receive overtime pay for any excess work hours over forty.

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Elder Law Article

The Basics of Medicare

July 26, 2018/in Blog, Elder Law /by Kevin Albaum

Medicare is government health insurance that is administered by the Centers for Medicare and Medicaid Services (“CMS”). As a general rule, anyone is who is sixty-five (65) years old and is either a U.S. citizen or a permanent resident (who has lived in the United States at least 5 years) may receive Medicare health insurance coverage.

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Real Estate Law Article

The Basics Surrounding Homeowners Association Turnovers.

July 12, 2018/in Blog, Real Estate Law /by Dan Rich

One of the most important events a homeowners association will face is its “turnover” or “transition” from the developer of the community to the unit owners. Despite the importance of a turnover, what I’ve found is that many unit owners are unaware of the basics surrounding a homeowners association’s transition.

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Litigation Law

How a Judgment Becomes a Lien

June 28, 2018/in Blog, Litigation /by J. Matthew Kelly

At the end of a lawsuit, the prevailing party often ends up with a final judgment awarding it some monetary amount from the losing party. This amount can include amounts for damages, attorney’s fees, and costs.

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Tax Law Article

Supreme Court: Sports Betting is No Longer Prohibited Under Federal Law, it is Time for Each State to Decide for Themselves

June 14, 2018/in Blog, Elder Law /by Kevin Albaum

By: Kevin R. Albaum, Esq. Clark, Campbell, Lancaster & Munson, P.A. On May 14, 2018, the United States Supreme Court (USSC) struck down the Professional and Amateur Sports Protection Act of 1992 (the “Act”) by ruling that the entire Act was unconstitutional. Since the Act was enacted in 1992, it implemented a federal ban on […]

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Real Estate Law Article

Enforcing community association rules by imposing fines.

May 31, 2018/in Blog, Real Estate Law /by Dan Rich

One of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.

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Litigation Law

Does the other side have to pay my attorney’s fees?

May 17, 2018/in Blog, Litigation /by J. Matthew Kelly

One of the most common questions I receive as a litigation attorney is: “Does the opposing party have to pay my attorney’s fees if I win?” The general answer of “no” often surprises people, however, there exists many exceptions to this general rule.

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Tax Law Article

Alternative Ways for Charitable Giving After the Tax Cuts and Jobs Act of 2017

May 3, 2018/in Blog, Tax Law /by Kevin Albaum

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (TCJA) into law.  Most of the changes went into effect on January 1, 2018, and do not impact 2017 taxes.

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Real Estate Law Article

Wrap-Up of 2018 Legislative Changes for Community Associations

April 19, 2018/in Blog, Real Estate Law /by Dan Rich

On March 23, 2018, Governor Rick Scott signed House Bill 841 into law. House Bill 841, which shall take effect on July 1, 2018, makes numerous alterations to a number of statutes regulating certain community associations

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Corporate Law Article

What Employers Need to Know about the Family & Medical Leave Act

April 5, 2018/in Blog, Corporate Law /by J. Matthew Kelly

The Family & Medical Leave Act (FMLA) is a federal law which seeks to balance the demands of the workplace with the needs of the family by entitling employees to take reasonable leave for medical reasons, birth or adoption of children, and to care for family members with a serious health condition.

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Elder Law Article

HOW TO AFFORD LONG TERM CARE

March 22, 2018/in Blog, Elder Law /by Kevin Albaum

A transition from a senior’s home to an assisted living facility or nursing home is never easy for a family. What makes matters even more difficult is for the senior’s spouse or children to have to bear this new large monthly expense for an unknown amount of time.

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Real Estate Law Article

What happens when nobody wants to serve on an association’s board of directors?

March 8, 2018/in Blog, Real Estate Law /by Dan Rich

What happens when nobody wants to serve on an association’s board of directors?

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Corporate Law Article

Harassment in the Workplace

February 22, 2018/in Blog, Corporate Law /by CCLM Law

Title VII is a federal law which seeks to address discrimination and harassment in workplaces. Title VII regulates employers with 15 or more employees. Title VII prohibits harassment of individuals based on the following protected characteristics: race, color, national origin, sex, religion, and some other factors. What constitutes harassment? For an employee to bring a […]

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Estate Category

Is Your Minor Child Protected if Something Happens to You?

February 8, 2018/in Blog, Estate Planning /by Kevin Albaum

My wife and I had our first child in November of last year (Nina). Our first order of business, like many others, was to purchase more life insurance coverage.

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Real Estate Law Article

Adverse Possession & Squatter’s Rights

December 28, 2017/in Blog, Real Estate Law /by CCLM Law

 Q: A few years ago my neighbor put up a fence, and I think it encroaches onto my property by a few inches.  Does my neighbor have a claim for adverse possession for part of my land?

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Estate Category

What If A Deceased Person Owes You Money?

December 14, 2017/in Blog, Estate Planning /by Kevin Albaum

When a person owes you money and dies, all is not necessary lost and the funds can still be recovered at times from the deceased person’s probate estate if proper procedure is timely followed by you as the creditor.

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Real Estate Law Article

When does a gathering of directors result in a homeowner’s association Board meeting?

November 30, 2017/in Blog, Real Estate Law /by Dan Rich

Some of the most frequent questions I face in my representation of homeowner’s associations, or “HOA’s”, relate to whether a gathering of directors is considered a “Board meeting” that must comply with the formalities outlined in Chapter 720, Florida Statutes.

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Litigation Law

Social Media and Your Case

November 16, 2017/in Blog, Litigation /by J. Matthew Kelly

In the United States some eighty-one percent of people have some form of a social media profile. Social media is a great way to share your life with friends but it is increasingly becoming a source of evidence in legal proceedings. It is not uncommon to see that a Facebook post was the reason for the apprehension of a criminal suspect but social media is also playing a large role in civil litigation.

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Real Estate Law Article

Know Your Contractor Before You Hire

November 2, 2017/in Blog, Real Estate Law /by CCLM Law

Q: I was thinking about hiring a contractor to do some work on my house, but I’ve heard horror stories about unlicensed contractors doing shoddy work and running off before the work is finished. What can I do to protect myself?

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Estate Category

Loved one is now deceased, what should we do?

October 19, 2017/in Blog, Estate Planning /by Kevin Albaum

As an estate planning and probate attorney, I often encounter the following question… What happens to my remains when I die?

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Real Estate Law Article

POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA

October 5, 2017/in Blog, Real Estate Law /by Dan Rich

As relief efforts remain ongoing, it is evident that hurricane Irma has had a very drastic effect on our local community, with one of the largest impacts being the massive amount of downed trees and vegetation that have been strewn across our community

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Litigation Law

Is an oral contract binding?

September 21, 2017/in Blog, Litigation /by J. Matthew Kelly

Many individuals today still conduct business or enter into agreements with handshake deals or oral statements. Generally speaking, oral contracts are enforceable in Florida. However, there are some exceptions which make certain oral contracts unenforceable.

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Estate Category

Second Marriages and Your Estate Plan

August 24, 2017/in Blog, Estate Planning /by Kevin Albaum

Q. What if I don’t have a Will?

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Real Estate Law Article

Tax Deed Sale or Tax Deed Fail?

July 27, 2017/in Blog, Tax Law /by CCLM Law

Q: I’d like to purchase property at an upcoming Tax Deed sale. What do I need to do, and what should I be aware of?

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Landlord and Tenant

Dealing with a Problem Tenant or Unwelcome House Guest

July 13, 2017/in Blog, Landlord and Tenant /by J. Matthew Kelly

Are you dealing with a problem tenant or an unwelcome house guest?

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Tax Law Article

Moving your Trust to Florida

June 29, 2017/in Blog, Tax Law /by Kevin Albaum

You finally did it. You worked hard, put the kids through college, saved enough money, and now your movers are packing up a moving truck destined for the warm Florida climate.

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Real Estate Law Article

Dissension in the Ranks: The Basics Surrounding HOA Election Challenges

June 14, 2017/in Blog, Real Estate Law /by Dan Rich

By: Dan Rich, Esq. Clark, Campbell, Lancaster & Munson, P.A. Few things generate more animosity and drama within a homeowners association, or HOA, than contested board of director elections. This tension may result in residents seeking legal action against the HOA in the form of an election contest. Sadly, most HOA residents have zero clue […]

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Real Estate Law Article

Code Enforcement Liens

May 18, 2017/in Blog, Real Estate Law /by CCLM Law

Q: A code inspector recently notified me about a code violation concerning my property. What is the process of enforcing a code violation?

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Animal Law

Pets and Estate Planning

May 4, 2017/in Animal Law, Blog, Estate Planning /by CCLM Law

When we think about estate planning, we generally focus on our family and friends, but what about our pets that may outlive us?

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Tax Law Article

Homestead: More than Just a Property Tax Exemption

April 20, 2017/in Blog, Tax Law /by Kevin Albaum

Most people know that there is a tax break available to them on their home (house, condominium, co-ops apartments, and some mobile home lots also qualify). The way it works is that a tax exemption can be applied for at the local property appraiser’s office on a person’s home if the person owns and lives in the home that they are trying to obtain the exemption on by January 1 of the year they are trying to claim the exemption.

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Litigation Law

Tickets, Tickets, Got Tickets? A Summary of Florida’s Ticket Resale Laws

April 6, 2017/in Blog, Litigation /by Dan Rich

Question: Is “scalping,” or reselling, tickets illegal in Florida?

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Tax Law Article

Collecting Taxes on Collectibles

March 23, 2017/in Blog, Tax Law /by CCLM Law

Do you have a collection that you wish to sell? If so, the IRS may determine that your collection is composed of “collectibles” and apply a 28% capital gains tax rate to any gain you may acquire from the sale of your collection. Generally, for most taxpayers, the capital gains tax rate is 15%.

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Animal Law

Recent Court Case Might Not Be Just for the Birds

March 9, 2017/in Animal Law, Blog /by CCLM Law

Q: I raise wild birds for sale as pets on my property. Can I qualify for an agricultural tax exemption for my property?

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Labor and Employment

Non-Compete

February 28, 2017/in Blog, Labor and Employment /by CCLM Law

By: Clark, Campbell, Lancaster & Munson, P.A. Q: Can an employer restrict or prohibit an employee from competing with the employer once the employee’s employment has ended? Employees, under Florida law, are limited in their ability to compete with their employer while employed by the employer because employees owe their employer a duty of loyalty. However, […]

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Elder Law Article

Easier Access to Special Needs Trusts Finally Arrives for Disabled Individuals

February 10, 2017/in Blog, Elder Law /by Kevin Albaum

By: Kevin R. Albaum, Esq. Clark, Campbell, Lancaster & Munson, P.A. A bill known as the Special Needs Trust Fairness Act (the “Act”) has been working its way through the legislative process for a couple years now.  Finally, on December 17, 2016, President Obama signed the Act into Federal Law. The law became effective immediately. A first […]

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Corporate Law Article

PLANNING AHEAD: Does my limited liability company really need an operating agreement?

January 20, 2017/in Blog, Corporate Law /by Dan Rich

PLANNING AHEAD: Does my limited liability company really need an operating agreement?

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Corporate Law Article

When Does a Hobby Become a Business?

January 12, 2017/in Blog, Corporate Law /by CCLM Law

Do you have a hobby that has become profitable on eBay, Etsy, or social media? If so, the IRS may consider your hobby a business, and certain income tax consequences may result.

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Litigation Law

Clearing the Mist: A Brief Glance into the Breadth of Florida’s Medical Marijuana Amendment

December 15, 2016/in Blog, Litigation /by CCLM Law

Q: What type of medical conditions can be treated by medical marijuana in Florida?

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Elder Law Article

Proactive Planning for Senior Medicaid Programs Makes the Process Easier and Saves Money

December 1, 2016/in Blog, Elder Law /by Kevin Albaum

Q. When is it recommended to meet with an elder law attorney to discuss Medicaid issues and planning?

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Real Estate Law Article

Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access

November 17, 2016/in Blog, Real Estate Law /by Dan Rich

Q: Can my homeowners’ association prohibit guests from using the clubhouse or swimming pool?

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Tax Law Article

Federal Historic Tax Credit

November 15, 2016/in Blog, Tax Law /by CCLM Law

Q: What are the general requirements for the Federal Historic Tax Credit?

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Litigation Law

Watch Out for Arbitration Clauses in the Terms of Service for your Mobile Apps

September 26, 2016/in Blog, Litigation /by CCLM Law

Q: I recently downloaded a mobile app without reading the Terms of Service. What concerns should I have?

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Corporate Law Article

Mobile Tech and ADA

September 8, 2016/in Blog, Corporate Law /by CCLM Law

Q: Do I have to design my business’s website or mobile app to be accessible by individuals with disabilities?

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Corporate Law Article

Defamation and Copyrights in Hyperlinks and Blogs

August 11, 2016/in Blog, Corporate Law /by CCLM Law

Q: Can my business get in trouble for sharing third-party content on its website and social media page?

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Traffic Law

Bike Laws

July 28, 2016/in Blog, Traffic Law /by CCLM Law

Q: I recently purchased a road bicycle from my local bike shop and plan to take to the road. What laws do I need to know?

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Real Estate Law Article

HOA Assessments when HOA Forecloses

July 14, 2016/in Blog, Real Estate Law /by CCLM Law

Q: Can a homeowner’s association foreclose on me even when I have a mortgage?

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Litigation Law

Collaborative Law

June 30, 2016/in Blog, Litigation /by CCLM Law

Q: What is a collaborative divorce? Can the process be used in a business divorce?

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Real Estate Law Article

99-Year Leases and Property Tax

June 16, 2016/in Blog, Real Estate Law /by CCLM Law

Q: When does a tenant become an owner for tax purposes?

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Litigation Law

Contract Interpretation

June 2, 2016/in Blog, Litigation /by CCLM Law

Q: When does a poorly drafted contract become unenforceable?

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Real Estate Law Article

Radon

May 19, 2016/in Blog, Real Estate Law /by CCLM Law

Q: What is radon, and how can it affect my property?

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Real Estate Law Article

HOA Political Signs

May 5, 2016/in Blog, Real Estate Law /by Dan Rich

Q: Can a homeowners association prohibit the display of political yard signs?

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Litigation Law

Supreme Court Justices

April 21, 2016/in Litigation /by CCLM Law

Q: How are state and federal Supreme Court justices appointed?

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Real Estate Law Article

Lost Mortgage Docs

April 7, 2016/in Real Estate Law /by CCLM Law

Q: What happens if the lender trying to foreclose cannot produce the original loan documents?

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Real Estate Law Article

Foreign Investment in Real Property Tax Act

March 24, 2016/in Blog, Real Estate Law /by CCLM Law

Q: I am interested in purchasing property owned by a foreign person. What do I need to know?

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Corporate Law Article

Overtime Law

March 10, 2016/in Blog, Corporate Law /by Dan Rich

Q: What impact will proposed federal overtime changes have on me?

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Real Estate Law Article

Construction Defects Damage

February 25, 2016/in Blog, Real Estate Law /by CCLM Law

Q: How much can I recover from construction defects in my home?

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Animal Law

Emotional Support Animals

January 28, 2016/in Animal Law, Blog /by Dan Rich

Q: What is an emotional support animal, and how does it differ from a service animal?

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Tax Law Article

REEP Credit

January 13, 2016/in Blog, Tax Law /by Justin Callaham

Q: Planning ahead for my 2016 taxes, can I get tax credits or deductions for installing energy efficient products in my home?

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Tax Law Article

Federal Tax Liens

December 31, 2015/in Blog, Tax Law /by CCLM Law

Q: The IRS has filed a tax lien against me, and I would like to sell my home. What should I do?

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Real Estate Law Article

Selective Enforcement

December 17, 2015/in Blog, Real Estate Law /by CCLM Law

Q: Is it important for homeowners associations to consistently enforce restrictive covenants and association bylaws and rules, especially when such covenants or rules are no longer desirable?

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Litigation Law

Quasi Public Records

November 19, 2015/in Blog, Litigation /by CCLM Law

Q: When can private entities working in concert with the government be subject to public records requests?

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Real Estate Law Article

What is a Land Trust

November 5, 2015/in Blog, Real Estate Law /by CCLM Law

Q: Should I use a land trust when purchasing property?

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Estate Category

Attorney or Title Company to Handle a Closing

October 20, 2015/in Blog, Estate Planning /by Kevin Albaum

Q: The Personal Representative (Florida’s term for an Executor) of my father’s estate is selling my father’s home to a family member. What is the process for this transaction, and should the probate attorney or a title company handle the closing?

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Real Estate Law Article

Protecting Tenants at Foreclosure

October 8, 2015/in Blog, Real Estate Law /by CCLM Law

Q: Are tenants protected at foreclosure?

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Elder Law Article

Guardian Advocacy

September 10, 2015/in Blog, Elder Law /by Kevin Albaum

Q: My child has a developmental disability and is about to turn eighteen years old. How do I protect and continue to care for him?

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Labor and Employment

Specific Performance and Indentured Servitude

August 27, 2015/in Blog, Labor and Employment /by CCLM Law

Q: What happens when I prepay for work but do not receive the service requested?

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Real Estate Law Article

Title Insurance – Part 2

August 13, 2015/in Blog, Real Estate Law /by CCLM Law

Q: What is title insurance, and do I need to purchase it when buying a home?

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Labor and Employment

Off The Clock Time

July 30, 2015/in Blog, Labor and Employment /by CCLM Law

Q: My employees complain that they should be paid for traveling to job sites, computer startup time, and other time when they are not actually doing work. Are they right?

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Corporate Law Article

Valuation at Buyout

July 16, 2015/in Blog, Corporate Law /by CCLM Law

Q: How do I address dissenting non-majority shareholders who disrupt operations and threaten litigation if I don’t buy them out at an inflated price?

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Labor and Employment

Independent Contractors

July 2, 2015/in Blog, Labor and Employment /by CCLM Law

Q: How is an independent contractor different from an employee, and why does it matter?

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Real Estate Law Article

Integrated Disclosure Rule

June 18, 2015/in Blog, Real Estate Law /by CCLM Law

Q: When closing on my home, I do not want to feel forced to sign documents without time to review and ask questions. Are there consumer protections for these transactions?

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Corporate Law Article

Board of Directors Liability

June 4, 2015/in Blog, Corporate Law /by CCLM Law

Q: As a new member of a nonprofit’s board of directors, what liabilities am I undertaking?

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Elder Law Article

Probate

May 21, 2015/in Blog, Elder Law /by Kevin Albaum

Q: What is probate, and should I craft an estate plan to avoid it?

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Elder Law Article

Guardianships

May 7, 2015/in Blog, Elder Law /by Kevin Albaum

Q: My father has difficulty living on his own. Does he need a guardian?

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Intellectual Property Law

Intellectual Property

April 23, 2015/in Blog, Intellectual Property /by Kyle Jensen

Q: How do I protect my written works and company logo?

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Animal Law

Animal Cruelty

March 26, 2015/in Animal Law, Blog /by CCLM Law

Q: It appears animal cruelty is on the rise. What laws are in place to protect these animals?

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Elder Law Article

Adding Durability to Your Estate Plan

March 12, 2015/in Blog, Elder Law /by Kevin Albaum

Q: How do I delegate authority in the event I become incapacitated?

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Animal Law

Don’t Get Bitten by Pet Liability

February 26, 2015/in Animal Law, Blog /by CCLM Law

Q: What is my liability if my dog bites someone?

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Real Estate Law Article

Toolbox Grows for HOAs with Delinquent Owners

February 20, 2015/in Blog, Real Estate Law /by CCLM Law

Q: How can homeowners’ associations collect assessments while awaiting a first mortgage holder foreclosure?

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Landlord and Tenant

Occupants Who Don’t Sign the Lease Do So at Their Own Peril

February 12, 2015/in Blog, Landlord and Tenant /by CCLM Law

Q: Should I require my roommate to sign our residential lease?

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Corporate Law Article

Refunds and Store Credits

January 17, 2015/in Blog, Corporate Law /by Joseph Geary

Q: “I returned merchandise and received a certificate from the store against future purchases. May the store impose time limits or other conditions on my use of the certificate?”

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Corporate Law Article

“Oh, You Shouldn’t Have!”

January 1, 2015/in Blog, Corporate Law /by Joseph Geary

Q: Do the gift cards I received during the holidays expire? Are there any charges or fees for use or non-use?

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Tax Law Article

Making Sure Your Donations Are Deductible

December 18, 2014/in Blog, Tax Law /by CCLM Law

Q: During the Christmas season I donate money and toys to various organizations. Are these donations tax deductible?

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Corporate Law Article

Civil Remedies For Worthless Checks

December 4, 2014/in Blog, Corporate Law /by CCLM Law

Q: My customer’s check bounced, and he won’t return my calls. What can I do to recover?

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Corporate Law Article

Keeping Information Private

November 20, 2014/in Blog, Corporate Law /by Joseph Geary

Q: How does the new Florida Information Privacy Act affect my business?

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Litigation Law

How We Select Our Judges

October 9, 2014/in Blog, Litigation /by CCLM Law

Q: Polk County has recently seen judges appointed by governor and elected by the people. What is the process for judicial appointments, elections, and resignations?

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Tax Law Article

Greening May Not Cost You So Much Green

September 25, 2014/in Blog, Tax Law /by Justin Callaham

Q: Greening has decimated my small orange grove. How can I remove the trees but still retain the grove’s agricultural designation for property tax purposes?

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Litigation Law

Subpoenas

August 28, 2014/in Blog, Litigation /by Joseph Geary

Q: My business has been served with a civil subpoena demanding business records. What should I do?

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Labor and Employment

Breastfeeding

August 8, 2014/in Blog, Labor and Employment /by CCLM Law

Q: My employee returned from maternity leave and must express milk regularly. What are my obligations when she requests a break and private space?

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Corporate Law Article

Defamation by Blog & the First Amendment

July 3, 2014/in Blog, Corporate Law /by CCLM Law

Q: As a business owner, what recourse do I have against negative online reviews and scathing blog posts?

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Elder Law Article

Will Must Be Equivocal As to Intentions

March 28, 2014/in Blog, Elder Law /by CCLM Law

Q: Must I revise my will when I acquire new assets?

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Newest Articles

  • Real Estate Law ArticleThe Basics of Platting PropertyMay 28, 2020 - 8:00 am

    When purchasing property, it is likely that one of the documents you come across will be the plat of the property that you’ve purchased. Plats are useful tools in land planning and have been used to map and describe land and everything located on that land including lots, roads, and property boundaries. Understanding what a plat is can be helpful when you are purchasing real property that is subject to a plat.

  • Estate CategoryPreparing your Estate Plan During a PandemicMay 14, 2020 - 8:00 am

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  • Real Estate Law ArticleThe Basics of Platting PropertyMay 28, 2020 - 8:00 am
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