Legal Ramifications of a Seller’s Disclosure
Sellers of residential property often ask whether they are required to disclose facts about the property which would scare off a buyer or which could decrease the value of the property. The Florida Supreme Court addressed this issue with a landmark ruling in the 1985 case Johnson v. Davis. The Court held that “where the
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Guardianship for Incapacitated Individuals
Guardianship proceedings involve the necessity to appoint a guardian to provide legal care of an incapacitated individual (the “ward”). Typically, a guardianship can be avoided if a ward has created life planning documents prior to incapacity. A guardianship addresses the ward’s rights of the person and/or the rights to or concerning property. A guardianship of
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Megan Root Joins
Megan N. Root is a Vero Beach native and a 2009 graduate of Vero Beach High School. She attended the University of South Carolina for her undergraduate studies and received her J.D. and Certificate in Public Interest Law from The University of Alabama School of Law in 2016 where she received multiple accolades for her
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USING PORTABILITY TO PROTECT ASSETS FROM TAXATION
Portability is the provision in Federal Estate tax law that allows a surviving spouse to use any unused estate and gift tax exemption after the deceased spouse’s death. In January 2013, the American Tax Relief Act of 2012 (ATRA) was signed into law to extend the opportunity for spouses to benefit from “portability” of a
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MINDFUL GIFTING IN LIGHT OF POTENTIAL TAX REFORM
Since the passage of the COVID-19 relief bill, attention has shifted to plans for investments in infrastructure and the potential tax reform to assist in paying for such investment. While there has yet to be a definitive timeframe announced for this tax reform, it is important to be mindful of potential tax reform as it
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UPDATES IN EVICTION MORATORIUM & MORTGAGE FORBEARANCE
On May 5, 2021, DC District Court Judge Friedrich ruled that the CDC’s moratorium on evictions impermissibly exceeded their Federal authority. The same day, the Department of Justice appealed that Order, and on May 14, 2021, Judge Friedrich stayed his Order pending review. Irrespective of this Order, if you are a landlord (or a tenant)
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WHAT IS LAND USE LAW?
Land use law generally refers to local zoning and other laws which regulate the use of land. For example, certain zoning districts limit land use in those districts to residential use. Other districts might be limited to commercial use, or industrial use, or agricultural use. Laws like this help to preserve the value of properties,
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CUSTOM HOME CONSTRUCTION
You have made the decision to build your dream home instead of buying someone else’s dream home or choosing from models in a new community. Building your custom home demands your time, effort and money but the process can be fun and exciting. Prior to construction you fashion ideas and elements you envision for your
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FINANCIAL EXPLOITATION OF THE ELDERLY
Financial exploitation of the elderly has become one of the most widespread forms of elderly abuse in our country. Exploitation can take place in various forms – which include lottery schemes, online romance scams, investments, insurance and also by simply relying on individuals who are caretakers, family members, etc. Unfortunately, many senior citizens or relatives
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2020 Alimony Reform is all but dead
In what has become an annual tradition here in Florida, any attempts at Alimony Reform have once again died in the latestlegislative session. Both the House and the Senate provided Alimony Reform Bills, (of which the Senate bill never even made it out of chambers) and both are all but dead with there being considerable
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