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Recent Blog Posts

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Who are Reasonably Ascertainable Creditors in a Florida Probate?

By Larry E. Bray |

Claims from creditors can be a common source of litigation in probate matters. It doesn’t matter whether the estate is large or a smaller one, there is almost always a creditor who has filed a claim. Creditor claims are usually related to the debts of the person who just passed away. They can encompass… Read More »

BusinessLaw

Why Your Florida LLC Needs an Operating Agreement

By Larry E. Bray |

If you’ve chosen to start an LLC in Florida and completed your paperwork, you might be wondering what else you need to do. In order to reduce your risk of conflicts and other issues down the line, it’s important that you consider creating an Operating Agreement for your LLC. What is an Operating Agreement?… Read More »

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Resolving Florida Business Disputes with Mediation or Arbitration

By Larry E. Bray |

The term dispute resolution refers to a variety of processes that can be utilized to resolve a dispute, conflict, or other claim. In most cases, you will hear dispute resolution called alternative dispute resolution and shortened to ADR. ADR is an alternative to having a jury or judge decide your fate and can be… Read More »

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Addressing Disputes Between Beneficiaries and an Administrator in a Florida Probate

By Larry E. Bray |

Disputes over a will are not uncommon in Florida. As disputes continue to rise, it becomes more important to understand how the probate process works and how to address disputes between beneficiaries. The personal representative (sometimes referred to as an executor, or administrator) of the estate, is the person who will be formally in… Read More »

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Florida Probate Process: When to Serve a Creditor Rather than Publish a Notice

By Larry E. Bray |

When undergoing probate in Florida, there are specific rules and procedures that must be followed. One of these involves how to notify potential and known creditors of the estate. Before the personal representative or executor can distribute the estate’s assets, all taxes and debts must be satisfied. But, how do creditors find out about… Read More »

ShortSale

Florida Residential Property Short Sales

By Larry E. Bray |

Short sales are typically only approved in limited situations where there is minimal equity in the home and the bank stands to lose money if they proceed with a traditional foreclosure. By allowing a homeowner to do a short sale, the bank will be eligible to get reimbursement from numerous government programs. Selling your… Read More »

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Florida Wills and Probate: Undue Influence Claims

By Larry E. Bray |

The term undue influence is a legal cause of action that allows someone to challenge a will’s validity. It can also be used to challenge deeds and inter vivos (during life) transfers. Undue influence is not just any type of influence. For example, asking your parents to give you a larger portion of the… Read More »

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Stages of a Florida Probate Administration

By Larry E. Bray |

With a formal probate administration, the court monitors the process closely and oversees the distribution of the decedent’s assets. The three main stages of a probate administration in Florida include: Opening the estate for probate Administering the estate Closing the estate for probate Opening a Florida Estate for Probate The first step is to… Read More »

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Estate Planning in Florida: Different Types of Trusts Available

By Larry E. Bray |

Traditionally, people think about wills when it comes to estate planning. However, another option is a trust. A trust is a separate fund that spells out how your assets are to be distributed upon your death. It offers additional benefits like tax minimization, no probate, and the ability to specify who will take care… Read More »

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Differences between GRAT, GRIT, and GRUT Trusts

By Larry E. Bray |

The Internal Revenue Code defines a “grantor trust” as a trust where the person who created the trust is the owner of its assets and property for estate tax and income tax purposes. Essentially, the grantor has control and can direct the trust’s assets and income. The use of certain kinds of trusts can… Read More »

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