Author Archives: Jay Butchko
How A Revocable Living Trust Can Help You Avoid The Florida Probate Process
The Florida probate laws and processes are notorious for their tendency to cause long, drawn-out, cumbersome estate settlement issues for the heirs/beneficiaries that are left behind. Naturally, this has stirred up interest in what estate planning options or strategies exist to lessen the burden of the probate process (or, hopefully, to exclude as many… Read More »
Summary Administration: A Florida Shortcut To Regular Probate
Probate: a long, drawn out, largely public ordeal that many estates must trod through to some extent in Florida. However, Florida offers an alternative route – a “shortcut” to the formal probate administrative process, if you will – in certain circumstances. Pursuing the simplified probate process may make it easier, less time consuming and… Read More »
Why You Need To Take Florida HOA Disputes Seriously
Most Florida homeowners have had to deal with an HOA dispute at one time or another. Oftentimes, these situations are quickly resolved without anyone needing to call a lawyer. But when things escalate, a homeowner must be prepared to assert their rights in court. Disagreement Over Unkempt Lawn Leads to Years of Litigation One… Read More »
Do You Need A Florida Revocable Living Trust?
Although the word “trust” are often associated with very wealthy individuals, the truth is that anyone can use a trust as part of their own estate planning. In particular, the revocable living trust is a popular tool for helping to distribute your assets without the need for formal probate after your death. While living… Read More »
How “Factoring Companies” Can Take Advantage Of Personal Injury Victims
Personal injury cases are often resolved with the plaintiff–i.e., the person harmed by the defendant’s conduct–agreeing to what is known as a structured settlement. Basically, this means the defendant purchases an annuity contract that makes periodic payments to the plaintiff. The annuity is managed by a separate company from the defendant (or their insurer)…. Read More »
Does An Erroneous Mortgage Statement Violate Consumer Protection Laws?
The federal Fair Debt Collection Practices Act (FDCPA) and its state counterpart, the Florida Consumer Collection Practices Act (FCCPA) both prohibit creditors from making false, deceptive, or misleading statements “in connection with the collection of a [] debt.” For example, if a creditor sends you a bill falsely claiming that you owe them money,… Read More »
Is A Written Contract Required To Purchase Real Estate In Florida?
As a general rule, it is always a good idea to put any contract or business agreement in writing. It is possible to enforce a purely oral contract in many cases, but it is rarely advisable. For one thing, it is often difficult–if not impossible–to prove two parties agreed to an oral contract in… Read More »
How Clicking On A Website’s “Terms of Service” Means Signing Away Your Legal Right To Sue
Everyone has clicked a checkbox stating they agree to certain “terms of service” when purchasing goods or services online. Most of us never bother to actually read those terms. Unfortunately, these terms often include legal language that affect your rights under state and federal law. And the fact that you did not read these… Read More »
What Is The Difference Between A Void And Voidable Judgment In Civil Litigation?
There are two related but often misunderstood concepts in Florida civil litigation: void and voidable judgments. A void judgment refers to a civil judgment that is inherently defective. Once a judgment is found void, it is as if it never existed at all. A voidable judgment, in contrast, is one that is somehow procedurally… Read More »
Understanding Restrictive Covenants In Florida Employment Agreements
Employment is generally considered “at-will” in Florida, meaning either the employer or the employee can walk away from the relationship at any point without further restrictions. But many employers find it beneficial to sign formal employment agreements with key employees. One reason for this is that Florida law permits such agreements to contain restrictive… Read More »