Author Archives: Jay Butchko
Estate Planning And The Florida Guardianship Process
Proper estate planning is a key way to protect your estate against many things – including a court ordered guardianship. Florida is a state that is popular with retirees. Our population, more than most, does need the provisions in Florida law that allow a family member, or professional guardian, to act as a legal… Read More »
Consumer Fraud: Protect Yourself From Auto Repair Fraud
One of the most common consumer fraud complaints is that an individual feels they were ripped off by an auto repair shop. Everyone who owns a car understands that you have to perform routine maintenance and make occasional repairs in order to keep your vehicle running. However, visiting the auto-repair shop can be a… Read More »
New Requirements Set For Residential Landlords
Governor DeSantis recently signed a bill into law that, in part, places new requirements on residential landlords. While some of the aspects of the law will not come into effect until 2023, others are active now and should be on the radar of any landlord of transient or non-transient apartments History and Purpose of… Read More »
Florida Courts Consider: Is A Child Conceived After Their Father’s Death Entitled To Social Security Benefits?
The 11th U.S. Circuit Court of Appeals recently decided to not rule on a question presented to that court: does a child who was conceived after their Father’s death qualify to receive Social Security Surviving Child Insurance Benefits? Instead, the court stated that the Florida Supreme Court was a better venue to issue clarity… Read More »
Contingent Payment Clauses In Florida Construction Contracts
The state of Florida has been a hub for construction for years. This has been particularly true in recent years during the real estate market boom. In the past few years, the housing and property market has skyrocketed. As is so often said, land is a good investment – they are not making any… Read More »
Highlighting Some Risks Of Joint Ownership In Florida Estate Planning
Florida’s probate process is infamous for a reason. The time cost, public record, and expense that inherently come with the process make it a no-brainer for many savvy Floridians to utilize estate planning tools in order to minimize the amount of probate the estate will have to go through. One popular option is to… Read More »
Failure To Pay HOA Can Result In Foreclosure
When subject to a community Home Ownership Association (HOA), everyone can appreciate the appeal and benefit behind such luxuries as meticulously kept grounds, a gleaming community pool, or a well-stocked community gym. However, given the high monthly cost of some HOA fees, it is no wonder that some choose to skip the experience entirely…. Read More »
Kanye West Lawsuit Highlights Contract Breach In Rental Contracts
Kanye (Ye) West was recently sued by a Florida business for breach of contract after he “refused to pay (Plaintiff) for the reservation, customization, and use of its rental space as a recording studio.” The space in question is a “shoppable showroom” with curated art collections and other design and furniture pieces. The diverse… Read More »
What Is A Valid Will In Florida, And What Happens If Someone Dies Without One?
There’s an old saying that reflects “only two things in life are certain: death, and taxes.” Fortunately for many governments, and unfortunately for the layman, often family members who are left behind after a loved one passes will be paying taxes on the death as well. Proper estate planning tailored to your specific assets… Read More »
The “101” On Personal Representatives In Florida Probate
If you’ve recently found yourself thrown into the Florida Probate process, or want to educate yourself ahead of such an event, you have come to the right place. Most estates must go through at least some form of probate in Florida, and the court process is often long and complicated. However, there are certain… Read More »