Category: Florida BAR article
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Designing Trust Systems for Florida Residents: Planning Strategies, Things You Should Know, and Traps for the Unwary
Trusts are commonly used for estate and financial planning. They help avoid probate and protect assets. There are different types of trusts and it’s important to understand the implications before funding one. For unmarried individuals, a revocable trust is often used to avoid probate and maintain control over assets. However, in some cases, it may…
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Internal Revenue Code §1202 and You: Analyzing Exclusion of Gain on Sales of Small Business Stock
Section 1202 of the Internal Revenue Code allows small businesses to exclude some or all of the gain from stock sales. Small businesses can plan for this benefit when considering selling their business. Tax professionals can help determine if a business qualifies for the gain exclusion. The article focuses on businesses that do consulting, as…
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Innocent Spouse Relief from Joint and Several Federal Tax Liability: Updates, Hurdles, and Considerations
Married couples can file their taxes together or separately. It’s usually better to file together because you’ll pay less in taxes. But if you file together, both spouses are responsible for the full amount of taxes owed. This can be unfair if one spouse didn’t know about the income that caused the taxes. In those…
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QDRO Math: Advice to Plan Administrators in Florida
A legal firm and attorney have been accused of mishandling a case and taking advantage of their client. The client is suing for being treated unfairly and not receiving proper compensation. The legal firm and attorney deny the accusations and are fighting the lawsuit in court. ERISA is a law that protects retirement funds from…
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Reflections on a Vetoed Bill
Gov. Ron DeSantis vetoed a bill that would have given the Department of Revenue more power during tax audits. The bill would have allowed the department to punish businesses that don’t cooperate during audits by suspending their licenses. It also made it easier for the department to estimate how much tax a business owes. While…
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The Void in Florida’s Will Revocation Statutes
When people change their minds about who should get their stuff when they die, they often make changes to their will. In Florida, there are laws that say how these changes can be made. One case in Florida involved a person who wrote on their will that they wanted it to be cancelled, but it…
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Time to End Let’s Pretend
A few years ago, the Florida Legislature made a new kind of relationship for real estate agents called “transaction brokerage.” This was meant to help agents and clients avoid conflicts and lawsuits. Now, they’re proposing to change this and make agents represent either the buyer or the seller, but without the same responsibilities. This basically…
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Drafting Wills for the Remarried Spouse
Forms used for the traditional marriage are not suitable for second marriages, especially when children are involved from a previous marriage. Attorneys need to make sure that their clients have updated wills that take into account the unique circumstances of a second marriage. The estate planner should educate their client about the potential conflicts between…
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Closing Protection Letters
Closing protection letters are offered by title insurance companies to address concerns of lenders about the liability of their approved attorneys or agents. These letters outline the conditions under which the title insurance company will accept liability for the acts or omissions of its agents. They indemnify lenders against damages arising from certain claims against…
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Homestead-The Post-Death Spousal Disclaimer: A Cure for a Constitutionally Prohibited Devise?
This article talks about what happens to a person’s home after they die if they leave it to someone who is not their spouse, even though the law says they should leave it to their spouse. The article suggests that the spouse can give up their rights to the home so that the person the…
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Time Law: A New Paradigm for Small Law Firm Efficiency and Growth
“Time law” is a new approach for small law firms to manage their time and be more efficient. It was developed by an attorney who struggled with balancing all the tasks of running a legal practice. He realized that many other small law firms were facing the same challenges. This new approach helps lawyers manage…
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Creating the Effective Pretrial Stipulation Under Civil Case Management
In a Florida court, it’s common for parties in a case to make agreements before a trial starts. These agreements, called stipulations, cover things that both sides agree on and help the trial move along smoothly. But sometimes mistakes can happen, like agreeing to an old version of a law by accident. This happened to…
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Nuisance Trees: The Massachusetts or Hawaii Rule?
Homeowners whose property is affected by nuisance trees may struggle to find legal representation due to liability issues and court outcomes being uncertain. The Massachusetts rule and the Hawaii rule offer different remedies for nuisance tree issues, and the Hawaii rule is considered a better fit for Florida. The Massachusetts rule allows for self-help as…
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Hanging on for Deer Life: How Chronic Wasting Disease Might Impact Florida and How Florida Law is Trying to Prevent its Spread into the State
Chronic Wasting Disease (CWD) is a serious illness that affects deer, elk, and moose. It’s caused by misfolded proteins called prions and can damage the nervous system, leading to death. While there’s no strong evidence that humans can get CWD, it’s important to be cautious. The Florida Fish and Wildlife Conservation Commission has put new…
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Application of the Florida-Friendly Landscaping Statute to Homeowner Disputes Regarding Violation of Restrictive Covenants
Homeowner associations in Florida can’t stop you from using water-saving landscaping. If they tell you to fix your lawn, you have rights. There are some unclear parts of the law, but experts are working to make it clearer. In 2001, during a drought, a state senator introduced a bill to allow homeowners to use xeriscaping…
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Flyover: The Potential Impact of Agroterrorism and Bioterrorism within Agricultural Aerial Application Operations
Agroterrorism and bioterrorism are ways that people might try to harm the food supply and agriculture. Since 9/11, there have been more security measures, but there is still a risk. The industry that uses planes to spray crops is important for making sure our food is pest-free and can be sold around the world. This…
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Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity
If you hit a tree in the middle of the highway, it can seriously hurt or even kill you. In Florida, you can only sue the government for a poorly designed median in certain situations. Good medians can keep you safe, but bad ones can make your injuries worse. Sometimes, just getting rid of the…
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Beast of (Shifting) Burden: What Constitutes Undue Burden Sufficient to Shift ESI Production Costs Under Fla. R. Civ. P. 1.280?
Basically, when you have to find and share a lot of electronic information for a lawsuit, it can cost a lot of money. In Florida, the law says that if it’s too hard or expensive for the person being asked for the information to get it, then the person asking for it might have to…
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Garnishing a Lawyer’s Trust Account: Actions to be Taken by Lawyer Garnishee
In 2008, the Florida Supreme Court said lawyers could have their trust accounts garnished if they owe debts. This means the lawyer’s bank account could be used to pay off their debts. The law requires the lawyer to give a full report of the money in their trust account and to hold onto it to…
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Improving Appellate Oral Arguments Through Tentative Opinions and Focus Orders
Oral arguments in court are often not as important as they seem. Judges might have already made up their minds, and lawyers can struggle to answer tough questions on the spot. It costs a lot of time and money for everyone involved. But the goal is still the same: to make sure the court makes…
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A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction
Our ancestors’ burial sites are in danger of being destroyed, and that means we could lose valuable information about how they lived. These sites are important because they help us understand our past and our way of life today. If we don’t protect them, we could lose irreplaceable knowledge about our history. It’s up to…
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Florida Agriculture: Still in the Crosshairs
In 1995, an article stressed the importance of showing how important Florida agriculture is. It’s still a big deal today, bringing in a lot of money and food for the country. But it’s facing challenges and needs to keep telling people how crucial it is for Florida’s economy and natural resources. Florida’s agriculture industry is…
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Udder Nonsense? The Emerging Issue of Raw Milk Sales in Florida, Part II: Legal Liability
Producers who sell raw milk without pasteurizing it face legal trouble because raw milk can carry dangerous bacteria and viruses. Even though pasteurization can make milk safer, it also reduces its nutritional benefits and taste. The FDA has blamed raw milk for causing severe illnesses and hospitalizations in the past. Despite the health risks, some…
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Udder Nonsense? The Emerging Issue of Raw Milk Sales in Florida, Part I: Regulation
More and more people are into drinking raw cow, goat, and sheep milk, which means it hasn’t been pasteurized to kill harmful germs. Some say pasteurization takes away good stuff in milk, like nutrients and helpful bacteria. But raw milk can make people sick, and the rules about selling it are different in each state.…