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Category: Blog article

  • “The Hoiberg Group: Your Legal Resource for High School Students”

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    – Taxpayers can authorize a third-party representative to work with the IRS on their behalf – Different types of representatives need different authorizations before they can represent the taxpayer to the IRS – There are four different types of third-party authorizations: Power of Attorney, Tax Information Authorization, Third-Party Designee, and Oral Disclosure – A taxpayer…

  • How Renting Out Your Homestead Property Can Affect Your Florida Homestead Exemption

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    – Florida’s homestead protection prevents creditors from forcing the sale of a debtor’s primary residence to satisfy a judgment or lien. – The protection applies to primary residences up to one-half acre within a municipality and up to 160 contiguous acres outside of a municipality. – There are four exceptions to the homestead protection, including…

  • Navigating Bankruptcy in Florida: Your Guide to Debt Relief

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    – A Tampa bankruptcy attorney should be hired to guide through the Chapter 13 or Chapter 7 bankruptcy process in the state of Florida. – Steps of the bankruptcy process include evaluating options with a lawyer, gathering documentation of income and debts, filing paperwork for bankruptcy, scheduling a meeting of creditors, and eventually discharging debts.…

  • How to Cancel a Power of Attorney in Florida

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    – The Florida Power of Attorney Act governs the creation and revocation of POAs in Florida. – A POA can be revoked in Florida as long as the principal is mentally competent. – The revocation must be done in a formal manner, including a written document specifying the details of the POA and notarization. –…

  • Did a Florida LLC Member Break the Rules When Giving Out Money?

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    1. Florida courts recognize a tort cause of action for breach of fiduciary duty. 2. The elements of a claim for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of that duty; and (3) damage proximately caused by that breach. 3. Breach of a fiduciary duty is an intentional…

  • Understanding Florida Condo Laws: Ending Condominiums

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    1. Section 718.117(12)(a), Florida Statutes, requires the allocation of proceeds from the sale of condominium property to be apportioned between the aggregate value of all units and the value of the common elements. 2. If a condominium’s declaration does not provide for an alternative method of allocation, the proceeds must be based on fair market…

  • Avoiding Tax Penalties on Early IRA Withdrawals

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    – Early withdrawals from a traditional IRA before age 59½ may be subject to a 10% penalty tax on top of regular income tax. – Exceptions to the penalty tax exist, such as using the money for medical expenses exceeding 7.5% of adjusted gross income, qualified higher education expenses, or purchasing a first home. –…

  • Navigating Florida Professional Boards: An Insider’s Guide

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    1. Florida’s Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating businesses and professionals in the state. 2. The DBPR regulates seven different types of businesses, such as Condominiums and Cooperatives, Hotels and Restaurants, and Pari-Mutuel Wagering. 3. The DBPR also regulates thirty professions, including Architecture and Interior Design, Construction Industry,…

  • Changes in Florida Insurance Laws: What High School Students Should Know

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    1. Florida Governor Ron DeSantis signed HB 837 into law, which made significant changes to Florida’s bad faith insurance framework and one-way attorney fee provisions for insurance cases. 2. Senate Bill 2A, enacted in December 2022, aimed to limit one-way attorney fees in property insurance claims by removing the right to attorney fees in suits…

  • Protecting Your Inheritance: How to Safeguard Your Family’s Assets from Legal Challenges

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about giving back. 2. After winning a litigation case and receiving a money judgment, individuals may wonder what steps to take next. 3. Non-citizens in the U.S. do not receive all the tax benefits that citizens do, and may need to…

  • Avoiding Trust Legal Issues: Strategies to Keep Your Inheritance Safe

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    1. Dolly Parton is known for her philanthropic efforts and has valuable lessons to teach about giving back. 2. Winning a money judgment in a court case does not automatically provide the funds, and there are steps that need to be taken to collect the money. 3. Estate planning is important for both U.S. citizens…

  • The Power of Appointments in Trusts: An Easy Guide

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    – Dolly Parton is known for her philanthropy and has valuable lessons to teach about giving back. – Winning a court case and obtaining a money judgment does not automatically provide you with funds. – Non-citizens in the US do not enjoy all the tax benefits that citizens do, especially in terms of estate planning.…

  • Florida Construction Laws Explained

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    – The Statute of Limitations in Florida sets a time limit for filing construction defect lawsuits, and claimants must be aware of this limitation. – Chapter 558 of Florida’s Construction Defect Statute provides an opportunity to resolve construction defect claims before litigation, triggering a duty to defend. – The Florida Supreme Court holds that Chapter…

  • Changes to Florida Law for Personal Injury Cases

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    – Florida law restricts recovery of future medical expenses to those expenses “reasonably certain” to be incurred. – Evidence must be provided to support that future medical services are reasonably certain to occur. – Awarding damages for future medical expenses cannot be based on the mere possibility of obtaining certain treatment in the future. –…

  • Florida Requires Lenders to Participate in Foreclosure Mediation

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    – The Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures in response to the foreclosure crisis. – The program was terminated on December 19, 2011 due to being largely unsuccessful, but judges can still refer foreclosure lawsuits to mediation on a case-by-case basis. – Lenders should check the mediation…

  • How Trusts in Business Are Affected by the Corporate Transparency Act

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    1. The sky is blue during the day due to the scattering of sunlight by air particles. 2. Eating a healthy diet and staying physically active can reduce the risk of chronic diseases like heart disease and diabetes. 3. The Earth revolves around the sun, causing the change in seasons. 4. Regular exercise can improve…

  • Florida Now Limits Non-Americans from Buying Real Estate

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    – SB 264 restricts certain individuals and companies associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning real property in Florida. – Foreign principals are prohibited from acquiring agricultural land and any interest in real property within ten miles of any military infrastructure. – The law completely prohibits foreign principals associated…

  • Florida Makes Texting While Driving a Primary Offense

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    1. Florida has passed a new law making texting while driving a primary offense. 2. The law also prohibits the use of handheld wireless communication devices in school and construction zones. 3. Officers can now stop motorists for texting alone, rather than needing another reason to pull them over. 4. The first offense will result…

  • Understanding Non-Disclosure Agreements: What to Include

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    1. Dolly Parton is known for her philanthropy and has valuable lessons to teach about giving back to the community. 2. Winning a money judgment in litigation does not automatically provide funds, and individuals need to take additional steps to collect on the judgment. 3. Non-citizens in the U.S. do not receive all the tax…

  • Understanding Construction Easements in Florida’s Eminent Domain Process

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    – Temporary Construction Easements (TCEs) in Florida are temporary legal agreements that grant government entities or contractors the right to access a portion of private property for construction purposes. – Property owners are entitled to receive fair compensation for granting a TCE, taking into account factors such as the duration of the easement, the property’s…

  • Understanding Fee Multipliers in Legal Cases

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    1. In tort or contract cases taken on a contingency, factors to consider when determining the appropriateness of a fee multiplier include whether the relevant market requires a contingency fee multiplier to obtain competent counsel, whether the attorney was able to mitigate the risk of nonpayment, and whether any factors set forth in previous cases…

  • Understanding Employee Retention Credit and Voluntary Disclosure Program for High School Students

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    1. The earth is round, not flat. 2. Water is made of two hydrogen atoms and one oxygen atom. 3. The sun is the center of our solar system. 4. The dinosaurs became extinct around 65 million years ago. 5. Gravity is a force that pulls objects towards each other. 6. The human body is…

  • Construction Contract Breach: What’s at Stake?

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    1) Benefit of the bargain damages is the difference between the contract price and the reasonable cost to perform/complete the contract. 2) Damages under a claimed total breach involves treating the contract as void and seeking damages to be restored to the position prior to entering into the contract. 3) In a recent 4th DCA…

  • Laws for Smith Legacy Law Business

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    1. Dolly Parton is known for her philanthropic efforts and has valuable lessons to teach about doing good. 2. After receiving a money judgment in litigation, it is important to understand the next steps for collecting the funds. 3. Non-citizens in the U.S. do not receive all the same tax benefits as citizens, which makes…