Author Archives: Jay Butchko
Conflicts of Interest and Fiduciary Duties in Florida Probate
Estate planning is a pivotal and important aspect of every person’s life. It is one of those things where even if you make no decision – that in itself is a decision. You either build a solid estate plan that caters to your needs and the needs of your loved ones, or you leave… Read More »
Michael Oher Case Highlights Importance of Understanding Conservatorships
If you’ve lived in America for the past 20 years, odds are you are very familiar with the film “The Blind Side” and its principle subject, Michael Oher. Mr. Oher is a former NFL player (left tackle) whose story from down-and-out kid to celebrated NFL star was dramatized for the silver screen. The film… Read More »
What to Expect: General Florida Probate Timeline
Uncertainty in life is unavoidable. No matter how carefully we plan and what contingencies are in place, there are only so many things any of us can control. While estate planning and probate matters can cause stirrings of anxiety in anyone, what really eats at people seems to be the unknown. The court and… Read More »
Is my Customer List a Trade Secret in Florida?
For a business’s trade secret to be deemed a “trade secret” – must the information be held in total secrecy? Alternatively – is it ok for some portions or parts of a trade secret to be public information, and the “trade secret” still retain its trade secret status? For instance – what about customer… Read More »
Timelines in Initiating Probate in Florida
Many become familiar with Florida’s probate process by matter of necessity. So often friends and family members who are otherwise inexperienced in complex legal matters suddenly find themselves thrust into limelight and have the ability, and obligation, to bring a loved one’s estate through probate. The probate process generally requires verifying the validity of… Read More »
Tips for Choosing an Executor for Your Estate
Choosing an executor for your estate can send a ripple effect that is felt for generations. Our legacy is the most important thing we leave behind – choosing the right executor of your estate is a crucial decision. Perhaps no one else has more power over the successful distribution of your assets and fulfillment… Read More »
Non Delegable Duties and Florida Subcontracting
In business, there is only so much anyone can control. As tightly as we hone in on our crafts and rigidly observe our best business practices: sometimes there are third parties involved that we just cannot control. So what happens if an independent contractor performs their work negligently? Who is liable? Well, the First… Read More »
Do Stepchildren Inherit Under Florida Estate Law?
Step parents get a bad rap. From time immemorial, fairy tales speak of the wicked stepmothers of Cinderella, Hansel and Gretel, and Snow White. While it is understandable that the dichotomy of a family might be different when a step parent is introduced, in the real world there are plenty of loving, devoted step… Read More »
Florida Foreclosure, Part Three: After Foreclosure
You have been through the pre-foreclosure and foreclosure process. At this point you likely want to wash your hands of the entire event and move on with your next chapter. However, even after the foreclosure sale is held, there are still a few key items – such as deficiency judgements and redemption periods –… Read More »
Florida Foreclosure, Part Two: Florida’s Foreclosure Process
In this installment of our three-part foreclosure series, we will have a high-level discussion of what to expect once you have reached the stage of foreclosure in Florida. Each state has its own unique processes and timelines, and knowing what to expect from the Florida court system as you move forward in your foreclosure… Read More »