How Do I Know if the Name I Want for My Business Is Available and Not Too Similar to Others?
Video Summary
How do I know if the name I want for my business is available and not too similar to others? Well, you need to go to the Florida Corporations website, I think it’s MyFloridaCorporations, and there you insert your name to see if there’s any similar names to give you some idea whether or not the name’s already been taken or how similar they are. I believe you can also reserve a name. I’m not sure how long, but in any event, reserve a name until you contact an attorney or someone to set up the corporation or LLC for you. If you have any questions, give me a call at 727-847-2288.
- Published in LLC's and Corporations, Videos
Are Trusts Really Private Who Can See the Contents of My Trust After I Die?
Video Summary
Are Trusts really private? Who can see the contents of my Trust after I die? Yes, your Trust instrument is private and no one can see it while you’re alive. And then upon your death, only the beneficiaries and of course the trustee are entitled to receive a copy of it so that they are private and no one can see that. The Trustee is required to send a copy to the beneficiaries or a notice that the beneficiaries can obtain a copy of the trust. So yes, they are private and only the beneficiaries and the trustee can see your trust document after you die. If you have any questions, give me a call at 727-847-2288.
Can My HOA Really Foreclose on My Home Over Unpaid Dues?
Video Summary
Can my HOA really foreclose on my home over unpaid dues or assessments? Yes, whenever you acquired the property, it was recorded in the public records, what they call covenants or restrictions, which provides that you’re responsible for paying the monthly assessment to the homeowners association so that if you don’t pay them, they’re a lien against your property and then the homeowners association can foreclose on the lien for non-payment. If you have any questions, give me a call at 727-847-2288.
- Published in Real Estate, Real Estate - Foreclosure, Videos
Can I Sue My Real Estate Agent for Misconduct or Bad Advice?
Video Summary
Can I sue my real estate agent for misconduct or bad advice? Technically, yes, although I have in my career very few times where, if at all, where I see where you would have a cause of action against the realtor in conjunction with listing and selling your property for giving you bad advice or misconduct. Most of the time, all of this is verbal, and having to prove all of that is difficult. And so it’s very, very difficult to do. Also, you’ve been finding an attorney who would undertake to represent you against a real estate agent for that. Just because they give you their opinion as far as the value of the property, which may not be correct, that doesn’t necessarily mean that they may be responsible for any damages. Their misconduct, you would have to show that you were somehow damaged. So although technically you could bring a cause of action, I suggest that before you undertake to do that, talk to, try and find an attorney who’s willing to undertake representation and find out how much it’s going to cost you to try and pursue this matter against your realtor. If you have any questions, give me a call at 727-847-2288.
- Published in Real Estate, Videos
What a Executor Really does and How to Choose One?
Video Summary
What does an executor really do and how do you choose one? Well, whenever you designate a personal representative and you pass away, the personal representative or executor contacts an attorney and reviews with the attorney your will to see if there are any assets that are just titled in your name. Once they determine this, determine that there are assets just in your name, the attorney will explain the probate process where you petition the court to have you be appointed as the personal representative and have what they call letters of administration issued. Once you’re issued letters of administration, you then send out, your attorney will send out for you, notice to creditors giving them a certain period of time to file their claim. They have three months from the date of publication in the newspaper to file their claim. You have the duty to notify them, any reasonably ascertainable creditor, and give them notice so that they can file their claims. You then turn around and start what they call marshaling or getting your arms wrapped around what assets the decedent owned and then determine whether or not they need to be liquidated or whether or not you’re going to distribute it to the beneficiaries. You file an inventory after 60 days and then after the period for creditors expires, you then see about paying any outstanding creditors and then pay the balance of whatever’s in the estate or distribute the assets to the beneficiaries. So if you have any questions about what to do as far as being designated as a personal representative, give me a call. In addition to how do you select one, you have to designate a relative or a person who resides in the state of Florida to be your executor. Your relative does not have to reside in Florida to be able to serve. However, any residents you select in Florida can serve as a personal representative. If you have any questions concerning this, give me a call at 727-847-2288.
- Published in Estate Planning, Videos