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.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2020-05-14 08:00:042020-05-13 18:05:37Preparing your Estate Plan During a Pandemic
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.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2020-03-05 07:00:002020-03-04 09:10:17Transferring Real Property Between Subsidiaries
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 […]
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2020-01-23 14:49:462020-01-23 14:49:47The Benefits of Hiring an Attorney When Purchasing a Home
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2020-01-09 19:00:002020-01-08 15:20:28Secure Act and Its Impact on Retirement Plans
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 […]
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2019-12-12 07:00:542019-12-10 09:44:21How Assets Transfer When a Person Dies
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Mike Workmanhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngMike Workman2019-12-02 07:00:212019-11-26 08:16:06I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY
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.
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.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2019-10-17 07:00:272019-10-15 08:36:17What to Consider When Appointing a Fiduciary?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Mike Workmanhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngMike Workman2019-10-04 07:00:362019-10-15 08:33:03Borrowing Money Secured by Real Estate
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-09-19 07:00:452019-09-18 16:56:26Choosing the Right Business Structure
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-09-05 07:00:442019-09-25 09:20:34LLC’s Electing to be taxed as S Corporation
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2019-08-22 07:00:152019-08-15 09:47:42Electronic Wills in Florida are Coming, But are They a Good Idea?
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.
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Kyle Jensenhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKyle Jensen2019-07-11 07:00:082019-07-10 16:20:15The Impact of Easements on Real Property
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.
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 […]
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.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/landlord-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-04-04 08:48:382019-04-04 08:48:39Landlord Remedies upon a Breach of a Residential Lease by Tenant
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-03-21 07:00:152019-03-20 09:09:31Eminent Domain and Just Compensation
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2019-03-07 07:00:222019-03-05 14:56:50Retroactive Medicaid in Florida Has Been Eliminated: Is This Good or Bad?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/landlord-category-icons-02.jpg350350Mike Workmanhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngMike Workman2019-02-21 07:00:052019-09-25 09:20:59PROTECTING LANDLORDS FROM LIENS FOR TENANT IMPROVEMENTS
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 […]
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-01-24 07:00:442019-09-25 09:21:26Distinguishing Variances and Special Exceptions
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2019-01-10 07:00:582019-01-09 16:07:01The Basics of Medicaid Financial Eligibility for Nursing Home Residents
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/employment-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2018-12-13 07:00:052019-09-25 09:40:21Tips on Tips: How Business Owners Can Handle Employee Tips
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350Kyle Jensenhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKyle Jensen2018-11-29 07:00:212018-11-28 11:13:59Pitfalls of Purchasing a Business
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2018-11-01 09:57:022018-12-31 10:26:22Defect Disclosure Requirements for a Residential Sale
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.
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-10-18 07:00:102018-10-17 08:50:20Are Peanuts and Crackerjacks at the Ballpark Still Deductible for a Business?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2018-10-04 07:00:552018-10-09 08:45:11Employer Access of an Employee’s Personal Information on a Work-Device
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/employment-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2018-09-20 07:00:212019-09-25 09:41:29Construction Liens – Timing is Key
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-09-06 07:00:242018-09-05 16:45:23Overview of Undue Influence Will Contests
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Kyle Jensenhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKyle Jensen2018-08-23 08:00:222018-08-21 16:31:35To Survey or Not To Survey
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2018-08-09 07:00:532019-09-25 09:43:36Are salaried employees exempt from overtime pay?
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.
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.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2018-06-28 07:00:052019-09-25 09:43:46How a Judgment Becomes a Lien
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-06-14 08:00:242018-06-12 20:54:38Supreme Court: Sports Betting is No Longer Prohibited Under Federal Law, it is Time for Each State to Decide for Themselves
One of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-05-31 07:00:482018-05-30 08:32:02Enforcing community association rules by imposing fines.
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2018-05-17 07:00:192019-09-25 09:44:53Does the other side have to pay my attorney’s fees?
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.
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-05-03 07:00:542018-05-02 16:25:02Alternative Ways for Charitable Giving After the Tax Cuts and Jobs Act of 2017
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
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-04-19 07:00:492018-04-18 15:20:40Wrap-Up of 2018 Legislative Changes for Community Associations
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2018-04-05 07:00:322019-09-25 09:45:06What Employers Need to Know about the Family & Medical Leave Act
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-03-22 07:00:572018-03-21 13:53:02HOW TO AFFORD LONG TERM CARE
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-03-08 07:00:162018-03-07 11:52:05What happens when nobody wants to serve on an association’s board of directors?
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2018-02-22 07:00:142018-02-21 09:21:35Harassment in the Workplace
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2018-02-08 07:00:002018-02-07 09:32:59Is Your Minor Child Protected if Something Happens to You?
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?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-12-14 07:00:162017-12-13 08:57:13What If A Deceased Person Owes You Money?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-11-30 07:00:362017-11-29 08:55:15When does a gathering of directors result in a homeowner’s association Board meeting?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2017-11-16 07:00:362019-09-25 09:45:20Social Media and Your Case
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2017-11-02 07:00:532018-01-05 13:00:31Know Your Contractor Before You Hire
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-10-19 07:00:282017-10-17 09:35:44Loved one is now deceased, what should we do?
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
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-10-05 07:00:042017-10-04 09:08:47POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2017-09-21 07:00:572019-09-25 09:45:30Is an oral contract binding?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-08-24 16:13:192017-08-22 16:23:09Second Marriages and Your Estate Plan
https://www.lakelandlaw.com/wp-content/uploads/2015/10/landlord-category-icons-02.jpg350350J. Matthew Kellyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJ. Matthew Kelly2017-07-13 15:39:342019-09-25 09:45:39Dealing with a Problem Tenant or Unwelcome House Guest
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.
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-06-29 07:00:022017-06-29 15:43:30Moving your Trust to Florida
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-06-14 11:21:462017-06-14 11:21:46Dissension in the Ranks: The Basics Surrounding HOA Election Challenges
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.
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-04-20 07:00:462017-04-20 12:02:30Homestead: More than Just a Property Tax Exemption
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%.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/animal-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2017-03-09 07:00:332018-01-05 13:02:54Recent Court Case Might Not Be Just for the Birds
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, […]
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 […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2017-02-10 09:04:362017-02-02 09:34:24Easier Access to Special Needs Trusts Finally Arrives for Disabled Individuals
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-01-20 13:26:462017-01-20 13:26:46PLANNING AHEAD: Does my limited liability company really need an operating agreement?
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.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2017-01-12 07:00:222017-06-01 16:07:20When Does a Hobby Become a Business?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-12-15 07:00:332017-06-01 16:07:33Clearing the Mist: A Brief Glance into the Breadth of Florida’s Medical Marijuana Amendment
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2016-12-01 15:51:052016-12-06 15:53:41Proactive Planning for Senior Medicaid Programs Makes the Process Easier and Saves Money
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2016-11-17 15:45:542016-12-06 15:57:01Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-09-26 07:00:232017-06-01 16:08:01Watch Out for Arbitration Clauses in the Terms of Service for your Mobile Apps
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-09-08 07:00:122016-09-23 10:22:17Mobile Tech and ADA
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-08-11 07:00:592016-09-23 10:23:32Defamation and Copyrights in Hyperlinks and Blogs
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-07-14 07:00:122016-09-23 10:23:53HOA Assessments when HOA Forecloses
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/litigation-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-11-19 09:44:252016-09-23 10:27:39Quasi Public Records
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-11-05 12:07:262018-01-05 13:06:47What is a Land Trust
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/estate-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2015-10-20 16:27:292015-10-20 16:34:03Attorney or Title Company to Handle a Closing
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/employment-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-07-30 12:59:132016-09-23 10:34:13Off The Clock Time
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?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350Kevin Albaumhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKevin Albaum2015-03-12 12:28:122015-10-20 12:30:29Adding Durability to Your Estate Plan
https://www.lakelandlaw.com/wp-content/uploads/2015/10/animal-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-02-26 15:44:382016-09-23 10:36:23Don’t Get Bitten by Pet Liability
https://www.lakelandlaw.com/wp-content/uploads/2015/10/landlord-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-02-12 15:53:082017-06-01 16:04:13Occupants Who Don’t Sign the Lease Do So at Their Own Peril
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?”
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350Joseph Gearyhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJoseph Geary2015-01-17 12:24:532015-10-20 12:27:46Refunds and Store Credits
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2014-12-18 10:47:552017-06-01 16:04:40Making Sure Your Donations Are Deductible
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?
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?
https://www.lakelandlaw.com/wp-content/uploads/2014/12/tax-category-icons-02.jpg350350Justin Callahamhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngJustin Callaham2014-09-25 11:29:152015-10-20 11:30:46Greening May Not Cost You So Much Green
https://www.lakelandlaw.com/wp-content/uploads/2015/10/corporate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2014-07-03 12:00:362016-09-23 10:39:47Defamation by Blog & the First Amendment
https://www.lakelandlaw.com/wp-content/uploads/2015/10/elder-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2014-03-28 12:03:492016-09-23 10:40:06Will Must Be Equivocal As to Intentions
The Basics of Platting Property
/in Real Estate Law /by CCLM LawWhen 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.
Preparing your Estate Plan During a Pandemic
/in Estate Planning /by Kevin AlbaumAs 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.
Registered Agents
/in Corporate Law /by CCLM LawIf 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.
Transferring Real Property Between Subsidiaries
/in Corporate Law /by CCLM LawA 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.
Remote Online Notarization
/in Real Estate Law /by Mike WorkmanWith 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 […]
The Benefits of Hiring an Attorney When Purchasing a Home
/in Real Estate Law /by CCLM LawWhen 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.
Secure Act and Its Impact on Retirement Plans
/in Estate Planning /by CCLM LawOn 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.
The Qualified Target Industry Tax Refund
/in Blog, Tax Law /by CCLM LawBy: 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 […]
How Assets Transfer When a Person Dies
/in Estate Planning /by Kevin AlbaumWhen 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.
I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY
/in Real Estate Law /by Mike WorkmanWhen 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?
Understanding Deeds
/in Real Estate Law /by CCLM LawFor 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.
Implied Warranties When Selling Residential Real Property
/in Real Estate Law /by CCLM LawWhen 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.
What to Consider When Appointing a Fiduciary?
/in Elder Law /by Kevin AlbaumA 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.
Borrowing Money Secured by Real Estate
/in Real Estate Law /by Mike WorkmanWhen 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.
Choosing the Right Business Structure
/in Corporate Law /by CCLM LawStarting 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.
LLC’s Electing to be taxed as S Corporation
/in Blog, Tax Law /by CCLM LawLimited liability companies (“LLC”) have become a popular entity for owning and operating a business.
Electronic Wills in Florida are Coming, But are They a Good Idea?
/in Estate Planning /by Kevin AlbaumEffective, 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.
An Overview of Limited Liability Companies
/in Blog, Corporate Law /by CCLM LawA 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.
The Impact of Easements on Real Property
/in Blog, Real Estate Law /by Kyle JensenBy: 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 […]
What is Probate?
/in Blog, Estate Planning /by Kevin AlbaumProbate 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.
DOCUMENTARY STAMP TAXES
/in Blog, Tax Law /by Mike WorkmanBy: 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 […]
Tenant Considerations in Leasing Commercial Property
/in Blog, Landlord and Tenant /by Kyle JensenTenants 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.
Landlord Remedies upon a Breach of a Residential Lease by Tenant
/in Blog, Landlord and Tenant /by CCLM LawLandlords 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.
Eminent Domain and Just Compensation
/in Blog, Real Estate Law /by CCLM LawHow 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.
Retroactive Medicaid in Florida Has Been Eliminated: Is This Good or Bad?
/in Blog, Elder Law /by Kevin AlbaumBy: 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 […]
PROTECTING LANDLORDS FROM LIENS FOR TENANT IMPROVEMENTS
/in Blog, Landlord and Tenant /by Mike WorkmanOften 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.
Landlord Considerations in Leasing Commercial Property
/in Blog, Landlord and Tenant /by Kyle JensenBy: 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 […]
Distinguishing Variances and Special Exceptions
/in Blog, Real Estate Law /by CCLM LawThere 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.
The Basics of Medicaid Financial Eligibility for Nursing Home Residents
/in Blog, Elder Law /by Kevin AlbaumA 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.
Tips on Tips: How Business Owners Can Handle Employee Tips
/in Blog, Labor and Employment /by CCLM LawTipping 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.
Pitfalls of Purchasing a Business
/in Blog, Corporate Law /by Kyle JensenAcquiring 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.
A Starting Guide to Non-Conforming Uses
/in Blog, Corporate Law /by CCLM LawQuestion: If I’m operating a business in a zoning district that my business is no longer eligible to operate in, what can I do?
Defect Disclosure Requirements for a Residential Sale
/in Blog, Real Estate Law /by CCLM LawHistorically, 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.
Are Peanuts and Crackerjacks at the Ballpark Still Deductible for a Business?
/in Blog, Tax Law /by Kevin AlbaumThe 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.
Employer Access of an Employee’s Personal Information on a Work-Device
/in Blog, Corporate Law /by CCLM LawQuestion: What information may an employer access from an employee’s employer-issued mobile device?
Construction Liens – Timing is Key
/in Blog, Labor and Employment /by J. Matthew KellyUnder 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.
Overview of Undue Influence Will Contests
/in Blog, Estate Planning /by Kevin AlbaumThe 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.
To Survey or Not To Survey
/in Blog, Real Estate Law /by Kyle JensenThere 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.
Are salaried employees exempt from overtime pay?
/in Blog, Corporate Law /by J. Matthew KellyThe 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.
The Basics of Medicare
/in Blog, Elder Law /by Kevin AlbaumMedicare 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.
The Basics Surrounding Homeowners Association Turnovers.
/in Blog, Real Estate Law /by Dan RichOne 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.
How a Judgment Becomes a Lien
/in Blog, Litigation /by J. Matthew KellyAt 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.
Supreme Court: Sports Betting is No Longer Prohibited Under Federal Law, it is Time for Each State to Decide for Themselves
/in Blog, Elder Law /by Kevin AlbaumBy: 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 […]
Enforcing community association rules by imposing fines.
/in Blog, Real Estate Law /by Dan RichOne of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.
Does the other side have to pay my attorney’s fees?
/in Blog, Litigation /by J. Matthew KellyOne 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.
Alternative Ways for Charitable Giving After the Tax Cuts and Jobs Act of 2017
/in Blog, Tax Law /by Kevin AlbaumOn 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.
Wrap-Up of 2018 Legislative Changes for Community Associations
/in Blog, Real Estate Law /by Dan RichOn 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
What Employers Need to Know about the Family & Medical Leave Act
/in Blog, Corporate Law /by J. Matthew KellyThe 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.
HOW TO AFFORD LONG TERM CARE
/in Blog, Elder Law /by Kevin AlbaumA 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.
What happens when nobody wants to serve on an association’s board of directors?
/in Blog, Real Estate Law /by Dan RichWhat happens when nobody wants to serve on an association’s board of directors?
Harassment in the Workplace
/in Blog, Corporate Law /by CCLM LawTitle 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 […]
Is Your Minor Child Protected if Something Happens to You?
/in Blog, Estate Planning /by Kevin AlbaumMy 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.
Adverse Possession & Squatter’s Rights
/in Blog, Real Estate Law /by CCLM LawQ: 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?
What If A Deceased Person Owes You Money?
/in Blog, Estate Planning /by Kevin AlbaumWhen 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.
When does a gathering of directors result in a homeowner’s association Board meeting?
/in Blog, Real Estate Law /by Dan RichSome 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.
Social Media and Your Case
/in Blog, Litigation /by J. Matthew KellyIn 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.
Know Your Contractor Before You Hire
/in Blog, Real Estate Law /by CCLM LawQ: 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?
Loved one is now deceased, what should we do?
/in Blog, Estate Planning /by Kevin AlbaumAs an estate planning and probate attorney, I often encounter the following question… What happens to my remains when I die?
POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA
/in Blog, Real Estate Law /by Dan RichAs 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
Is an oral contract binding?
/in Blog, Litigation /by J. Matthew KellyMany 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.
Second Marriages and Your Estate Plan
/in Blog, Estate Planning /by Kevin AlbaumQ. What if I don’t have a Will?
Tax Deed Sale or Tax Deed Fail?
/in Blog, Tax Law /by CCLM LawQ: 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?
Dealing with a Problem Tenant or Unwelcome House Guest
/in Blog, Landlord and Tenant /by J. Matthew KellyAre you dealing with a problem tenant or an unwelcome house guest?
Moving your Trust to Florida
/in Blog, Tax Law /by Kevin AlbaumYou 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.
Dissension in the Ranks: The Basics Surrounding HOA Election Challenges
/in Blog, Real Estate Law /by Dan RichBy: 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 […]
Code Enforcement Liens
/in Blog, Real Estate Law /by CCLM LawQ: A code inspector recently notified me about a code violation concerning my property. What is the process of enforcing a code violation?
Pets and Estate Planning
/in Animal Law, Blog, Estate Planning /by CCLM LawWhen we think about estate planning, we generally focus on our family and friends, but what about our pets that may outlive us?
Homestead: More than Just a Property Tax Exemption
/in Blog, Tax Law /by Kevin AlbaumMost 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.
Tickets, Tickets, Got Tickets? A Summary of Florida’s Ticket Resale Laws
/in Blog, Litigation /by Dan RichQuestion: Is “scalping,” or reselling, tickets illegal in Florida?
Collecting Taxes on Collectibles
/in Blog, Tax Law /by CCLM LawDo 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%.
Recent Court Case Might Not Be Just for the Birds
/in Animal Law, Blog /by CCLM LawQ: I raise wild birds for sale as pets on my property. Can I qualify for an agricultural tax exemption for my property?
Non-Compete
/in Blog, Labor and Employment /by CCLM LawBy: 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, […]
Easier Access to Special Needs Trusts Finally Arrives for Disabled Individuals
/in Blog, Elder Law /by Kevin AlbaumBy: 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 […]
PLANNING AHEAD: Does my limited liability company really need an operating agreement?
/in Blog, Corporate Law /by Dan RichPLANNING AHEAD: Does my limited liability company really need an operating agreement?
When Does a Hobby Become a Business?
/in Blog, Corporate Law /by CCLM LawDo 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.
Clearing the Mist: A Brief Glance into the Breadth of Florida’s Medical Marijuana Amendment
/in Blog, Litigation /by CCLM LawQ: What type of medical conditions can be treated by medical marijuana in Florida?
Proactive Planning for Senior Medicaid Programs Makes the Process Easier and Saves Money
/in Blog, Elder Law /by Kevin AlbaumQ. When is it recommended to meet with an elder law attorney to discuss Medicaid issues and planning?
Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access
/in Blog, Real Estate Law /by Dan RichQ: Can my homeowners’ association prohibit guests from using the clubhouse or swimming pool?
Federal Historic Tax Credit
/in Blog, Tax Law /by CCLM LawQ: What are the general requirements for the Federal Historic Tax Credit?
Watch Out for Arbitration Clauses in the Terms of Service for your Mobile Apps
/in Blog, Litigation /by CCLM LawQ: I recently downloaded a mobile app without reading the Terms of Service. What concerns should I have?
Mobile Tech and ADA
/in Blog, Corporate Law /by CCLM LawQ: Do I have to design my business’s website or mobile app to be accessible by individuals with disabilities?
Defamation and Copyrights in Hyperlinks and Blogs
/in Blog, Corporate Law /by CCLM LawQ: Can my business get in trouble for sharing third-party content on its website and social media page?
Bike Laws
/in Blog, Traffic Law /by CCLM LawQ: 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?
HOA Assessments when HOA Forecloses
/in Blog, Real Estate Law /by CCLM LawQ: Can a homeowner’s association foreclose on me even when I have a mortgage?
Collaborative Law
/in Blog, Litigation /by CCLM LawQ: What is a collaborative divorce? Can the process be used in a business divorce?
99-Year Leases and Property Tax
/in Blog, Real Estate Law /by CCLM LawQ: When does a tenant become an owner for tax purposes?
Contract Interpretation
/in Blog, Litigation /by CCLM LawQ: When does a poorly drafted contract become unenforceable?
Radon
/in Blog, Real Estate Law /by CCLM LawQ: What is radon, and how can it affect my property?
HOA Political Signs
/in Blog, Real Estate Law /by Dan RichQ: Can a homeowners association prohibit the display of political yard signs?
Supreme Court Justices
/in Litigation /by CCLM LawQ: How are state and federal Supreme Court justices appointed?
Lost Mortgage Docs
/in Real Estate Law /by CCLM LawQ: What happens if the lender trying to foreclose cannot produce the original loan documents?
Foreign Investment in Real Property Tax Act
/in Blog, Real Estate Law /by CCLM LawQ: I am interested in purchasing property owned by a foreign person. What do I need to know?
Overtime Law
/in Blog, Corporate Law /by Dan RichQ: What impact will proposed federal overtime changes have on me?
Construction Defects Damage
/in Blog, Real Estate Law /by CCLM LawQ: How much can I recover from construction defects in my home?
Emotional Support Animals
/in Animal Law, Blog /by Dan RichQ: What is an emotional support animal, and how does it differ from a service animal?
REEP Credit
/in Blog, Tax Law /by Justin CallahamQ: Planning ahead for my 2016 taxes, can I get tax credits or deductions for installing energy efficient products in my home?
Federal Tax Liens
/in Blog, Tax Law /by CCLM LawQ: The IRS has filed a tax lien against me, and I would like to sell my home. What should I do?
Selective Enforcement
/in Blog, Real Estate Law /by CCLM LawQ: 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?
Quasi Public Records
/in Blog, Litigation /by CCLM LawQ: When can private entities working in concert with the government be subject to public records requests?
What is a Land Trust
/in Blog, Real Estate Law /by CCLM LawQ: Should I use a land trust when purchasing property?
Attorney or Title Company to Handle a Closing
/in Blog, Estate Planning /by Kevin AlbaumQ: 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?
Protecting Tenants at Foreclosure
/in Blog, Real Estate Law /by CCLM LawQ: Are tenants protected at foreclosure?
Guardian Advocacy
/in Blog, Elder Law /by Kevin AlbaumQ: My child has a developmental disability and is about to turn eighteen years old. How do I protect and continue to care for him?
Specific Performance and Indentured Servitude
/in Blog, Labor and Employment /by CCLM LawQ: What happens when I prepay for work but do not receive the service requested?
Title Insurance – Part 2
/in Blog, Real Estate Law /by CCLM LawQ: What is title insurance, and do I need to purchase it when buying a home?
Off The Clock Time
/in Blog, Labor and Employment /by CCLM LawQ: 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?
Valuation at Buyout
/in Blog, Corporate Law /by CCLM LawQ: 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?
Independent Contractors
/in Blog, Labor and Employment /by CCLM LawQ: How is an independent contractor different from an employee, and why does it matter?
Integrated Disclosure Rule
/in Blog, Real Estate Law /by CCLM LawQ: 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?
Board of Directors Liability
/in Blog, Corporate Law /by CCLM LawQ: As a new member of a nonprofit’s board of directors, what liabilities am I undertaking?
Probate
/in Blog, Elder Law /by Kevin AlbaumQ: What is probate, and should I craft an estate plan to avoid it?
Guardianships
/in Blog, Elder Law /by Kevin AlbaumQ: My father has difficulty living on his own. Does he need a guardian?
Intellectual Property
/in Blog, Intellectual Property /by Kyle JensenQ: How do I protect my written works and company logo?
Animal Cruelty
/in Animal Law, Blog /by CCLM LawQ: It appears animal cruelty is on the rise. What laws are in place to protect these animals?
Adding Durability to Your Estate Plan
/in Blog, Elder Law /by Kevin AlbaumQ: How do I delegate authority in the event I become incapacitated?
Don’t Get Bitten by Pet Liability
/in Animal Law, Blog /by CCLM LawQ: What is my liability if my dog bites someone?
Toolbox Grows for HOAs with Delinquent Owners
/in Blog, Real Estate Law /by CCLM LawQ: How can homeowners’ associations collect assessments while awaiting a first mortgage holder foreclosure?
Occupants Who Don’t Sign the Lease Do So at Their Own Peril
/in Blog, Landlord and Tenant /by CCLM LawQ: Should I require my roommate to sign our residential lease?
Refunds and Store Credits
/in Blog, Corporate Law /by Joseph GearyQ: “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?”
“Oh, You Shouldn’t Have!”
/in Blog, Corporate Law /by Joseph GearyQ: Do the gift cards I received during the holidays expire? Are there any charges or fees for use or non-use?
Making Sure Your Donations Are Deductible
/in Blog, Tax Law /by CCLM LawQ: During the Christmas season I donate money and toys to various organizations. Are these donations tax deductible?
Civil Remedies For Worthless Checks
/in Blog, Corporate Law /by CCLM LawQ: My customer’s check bounced, and he won’t return my calls. What can I do to recover?
Keeping Information Private
/in Blog, Corporate Law /by Joseph GearyQ: How does the new Florida Information Privacy Act affect my business?
How We Select Our Judges
/in Blog, Litigation /by CCLM LawQ: Polk County has recently seen judges appointed by governor and elected by the people. What is the process for judicial appointments, elections, and resignations?
Greening May Not Cost You So Much Green
/in Blog, Tax Law /by Justin CallahamQ: 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?
Subpoenas
/in Blog, Litigation /by Joseph GearyQ: My business has been served with a civil subpoena demanding business records. What should I do?
Breastfeeding
/in Blog, Labor and Employment /by CCLM LawQ: My employee returned from maternity leave and must express milk regularly. What are my obligations when she requests a break and private space?
Defamation by Blog & the First Amendment
/in Blog, Corporate Law /by CCLM LawQ: As a business owner, what recourse do I have against negative online reviews and scathing blog posts?
Will Must Be Equivocal As to Intentions
/in Blog, Elder Law /by CCLM LawQ: Must I revise my will when I acquire new assets?