Your Estate Plan Needs a Checkup

toates Estate Planning, featured

To avoid the unintended consequences of an outdated estate plan you should consult on a regular basis with your trusted estate planning professional to make sure your plan is ready in the event it’s needed.

Due Diligence for that Assignment of Lease

toates Business Law, Real Estate

A portion of our practice includes business transactions and frequently involves buying and selling businesses and other asset sales which include the assignment of a leasehold interest. In fact, for many businesses the leasehold interest (the lease) is one of the most valuable assets being sold. Everyone assumes that if the asset sale involves the conveyance of real property then a title search …

Wait…That’s Not My Signature!: The Need For Specific Denials

toates Business Law, Published

A person’s signature can hold tremendous power.  The buying and selling of corporations are finalized with signatures. Wars are waged and alliances are created with just a stroke of a pen. In today’s world of rapid technological advancements, the importance given to one’s signature has remained incredibly high. Whatever the reason for this, one thing is clear. A person’s signature …

Ladybird Deed: An Enhanced Life Estate

toates Estate Planning, featured, Real Estate

How can I change title to a piece of real property to affect my estate plan and avoid probate, yet still maintain complete control over it during my lifetime, including the ability to un-do the transfer, and not just the right to occupy for as long as I am alive? Florida recognizes an enhanced life estate, otherwise known as a …

Personal Service Unnecessary in Domestication Procedure

toates Collections

In September the 5th District Court of Appeal issued its opinion in Pratt v. Equity Bank, (Fifth District Court of Appeal Case No. 5D12-46222013, issued September 27, 2013) ruling that the Florida Enforcement of Foreign Judgment Act (FEFJA) does not require a new service of process in Florida.