Death and Taxes And the Florida Probate Process

Death and Taxes

Benjamin Franklin said there were only two things certain in life: death and taxes.

This is also true for the Florida probate process.

The purpose of the Florida probate process is to gather the assets and debts of the deceased, pay the debts off, and distribute the remaining assets to the heirs. The Florida personal representative is responsible for ensuring this process is properly completed with the assistance of an attorney.

During the Florida probate process, the Florida personal representative will also need to ensure that all Estate taxes as well as the individual taxes of the deceased have been filed and paid before the probate matter can be closed and the assets can be distributed to the heirs.

If you have been named as the personal representative of an estate in Florida, or where the deceased passed away owning assets in Florida, or if you have recently suffered the loss of a loved one and would like to be appointed as the Personal Representative for the estate, then contact Boyer Law Firm, P.L. today.

Florida Breweries and Alcohol Licenses

Florida breweriesFlorida was named one of the top states for brewery openings at the Craft Brewers Conference in Portland, Oregon. Florida had the fifth most breweries across the U.S. in 2014, with 42 new beer makers setting up shop last year.

Jacksonville has embraced the new Florida breweries, especially for craft beer. There are 8 local Florida breweries in the Jacksonville area, and the Jacksonville Veterans Memorial Area will host The 7th Annual Craft & Import Beer Festival on May 15.

If you have or want to start a Florida brewery or Florida business involving alcohol, whether it be brewing, importing, distributing, or selling, there are specific guidelines and requirements that need to be met on a federal, state, and local level.

Failure to properly adhere to these guidelines could result in penalties, including the shutdown of your business operations.

Here at Boyer Law Firm, we assist clients with all types of alcohol licenses, including import licenses, distribution licenses, and more, so contact us today.

Choose a Florida Real Estate Attorney as Your Closing Agent

Florida Real Estate Attorney as Your Closing Agent

If you are buying and selling a property in Florida, then it is important to choose the right closing agent to ensure that the title is conveyed properly and free of any liens or encumbrances.

Hiring an experienced Florida real estate attorney as your closing agent adds an extra level of protection to your closing, which is just one of the benefits of choosing a real estate attorney as your closing agent instead of a title company.

Additionally, title company workers are legally barred from giving legal advice, unless they are also a licensed attorney. However, if you choose a Florida real estate attorney as your closing agent, they may be allowed to provide you with legal advice throughout the closing, depending on who they represent.

When a Florida real estate transaction involves foreign persons or entities, there are additional requirements and responsibilities that need to be addressed during the closing.

Failure to properly process these requirements could result in severe penalties. For example, if you fail to process FIRPTA matters within the allotted time, or if they are processed incorrectly, it can result in severe monetary penalties to the Buyer.

If you are the seller of a property, then you should contact an experienced Florida real estate attorney before you put your property on the market. The attorney can assist you in obtaining a title search to discover any liens, unpaid mortgages, and other clouds on the title that will need to be addressed before the property can be sold and the deed can be conveyed.

In some circumstances, there may be steps that we can take to clear these clouds before there is even a buyer for the property. This will result in a faster and smoother closing.

If you are thinking about selling your property in Florida or if you are purchasing a property in Florida from a foreign seller, then contact Boyer Law Firm, P.L. today to see how we can assist you.

Florida Final Judgment for Your Foreign Divorce Judgment

Florida Final Judgment for Your Foreign Divorce JudgmentIf you were divorced in another country or state and you need to collect monies owed to you for that judgment from your ex-spouse who lives in Florida, the first step is to domesticate the divorce judgment to Florida.

Domestication of a foreign judgment, whether it be a divorce judgment or not, is a process where the judgment of a foreign courts is recognized by the Florida Courts.

Once the judgment has been recognized by the Florida Courts, then you will receive a Florida Final Judgment for your foreign divorce judgment and you can proceed with collecting the monies owed to you by your ex-spouse through garnishment, liens, or even a collection agency.

However, you cannot begin any of these collection methods for property in Florida, whether it be real property or personal property, until the foreign judgment is recognized by the Florida Courts and you obtain a Florida Final Judgment for your foreign divorce judgment or other type of judgment.

If you have a foreign judgment that you need to have recognized by the Florida Courts, then contact Boyer Law Firm today!

Investment Required to Obtain an E2 Visa for a Business in Florida

Expenses Budget Puzzle Showing Company Bookkeeping And BalanceAn E2 visa is an investor’s visa that allows citizens of certain countries to obtain a visa to live and work in the United States for up to five years at a time, with the ability to renew the visa in five year increments for the entire duration of the business.

In order to qualify for an E2 visa, the applicant must invest a “substantial” amount of money into the business. The term “substantial” is subjective, but it is understood that the more money you invest in your business, the better your chances are of obtaining an E2 visa. The investment required to obtain an E2 visa for your business should at least cover:

1. The building: security deposit and first three months’ rent –or- The amount you paid for the building/land if you purchased the building/land

2. Computers and office equipment

3. Initial stock or merchandise or supplies

4. Initial marketing costs (website design, flyers, ads, etc.)

5. Attorneys’ fees

6. CPA/Accountant fees

7. And much more depending on the nature of your business.

The purpose of your business (what your business does) is essential to determining the amount of investment required to obtain an E2 visa for a business in Florida. For example, a hair salon or pet grooming shop will require less of an investment than a restaurant, which will both require less of an investment than a service business.

In order to qualify for an E2 visa for a business in Florida, your business must not be “marginal.” You should be able to hire full-time employees other than your family members and that you have a plan to grow the business in the future. One purpose of the E2 visa treaties is to grow the economy for the country, so this stipulation is to ensure that the business will contribute to the economy and not just benefit the E2 visa applicant(s) and their family.

If you are interested in seeing if your qualify for an E2 visa for a business in Florida or anywhere else in the United States, then contact Boyer Law Firm’s immigration attorneys today to see how we can help you.