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What Documents Do I Need to File a Florida Civil LawsuitWhen you contact a Florida civil litigation attorney for a Federal or Florida civil lawsuit, it is important to gather all of the information you have regarding the matter first. This information should include any and all contracts, emails, other correspondence, and any other documents that demonstrate your claim(s).

Having all the information up front will benefit you in at least two ways:

-          The attorney you contact will be better equipped to analyze your situation and decide the best way to proceed

-          You will ultimately save time, and therefore money, when the case proceeds to the Florida litigation discovery process, which can be very overwhelming.

Each Federal or Florida litigation case is separate and will require different document production, but these items are usually a good place to start. If you believe you have a claim against another party and are considering filing a Florida civil lawsuit against them, then contact Boyer Law Firm’s litigation attorneys today to see if and how we can assist you.

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Tags: Business Law in Florida | Florida Civil Litigation

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Types of Trusts in Florida

Posted on January 23, 2014 by Boyer Law Firm, P.L.

Types of Trusts in FloridaA trust is an arrangement in which one person (the trustee) manages and holds the title to property, which can be both personal property and real property, to another (the settlor or with) in favor of a third party (the beneficiary).

There are many types of trusts in Florida. A testamentary trust is a trust created by the will of a person and takes effect after his death. One of the reasons why a person may want to create a testamentary trust is it allows him to control how the trust assets are given to the beneficiary.

There are other types of trusts in Florida that can be beneficial to your situation, such as Irrevocable Life Insurance Trusts, Revocable Living Trusts, Contingent Minors Trusts, Special Needs and Medicaid Trusts,

It is important to talk to a Florida Estate Planning Attorney about these issues so the trust you create can be tailored to your specific situation.  If you are interested in writing your Last Will or creating a trust for your future needs, then contact Boyer Law Firm today.

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Tags: Estate Planning for Florida

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Accept a Florida quit claim deedWhen purchasing a residential or commercial property, there are generally two types of deeds in Florida that will be used: a Warranty Deed and a Quit Claim Deed.

As a general rule, it is a bad idea to accept a Florida Quit Claim Deed instead of a Warranty Deed, especially if a proper title search has not been performed on the property. A proper title search should be conducted by a Florida closing attorney.

In most cases, if you purchase the property with a Quit Claim Deed, you may be subjecting yourself to many vulnerabilities, such as unpaid mortgages, unpaid property taxes, liens or encumbrances on the property, or even purchasing a property from someone who is not the owner! This is why it is generally a bad idea to accept a Florida Quit Claim Deed.

A Quit Claim Deed simply transfers any ownership the “seller” may have in the property (which could potentially be NO ownership) to the buyer without any guarantees as to the condition of the property.

There are, however, some cases where a Florida Quit Claim Deed may be acceptable, such as in a divorce, the probating of an estate (especially when there are many owners), and other specific cases.

If the seller of the property you want to purchase is offering you a Quit Claim Deed instead of a Warranty Deed or you believe a Quit Claim Deed would better fit your needs, then you should contact a Florida Real Estate Attorney immediately to ensure that you are protected.

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Tags: Florida Real Estate

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According to the United States Citizenship and Immigration Service (USCIS), Treaty Investor (E-2) visas, also called ”E2 Investor’s visas,” are for citizens of countries with which the United States maintains treaties of commerce and navigation.

It is very surprising for many of our potential clients to learn that Brazil does not have a treaty with the United States for E2 visas. Due to the lack of this treaty, the United States will not grant E2 visas for Brazilians.

No E2 Visas for Brazilians but You Do Have OptionsHowever, there is hope!

If you are determined to enter the United States through creating and investing in a business, than an EB5 Investor’s visa allows you to literally buy your way into permanent residence in the United States, and eventually apply for U.S. Citizenship. (Please Note: Legal Permanent Residence is NOT the same as U.S. Citizenship).

Alternatively, you may apply for a B visa (temporary visa) for work or pleasure that will allow you to visit the United States for 6 months out of the year. This visa is often valid for 10 years.

If you have family in the United States or a significant other who you plan on marrying, then your family member may be able to petition for your admission to the U.S. There are different options for family petitions.

No matter what type of visa you are considering, it is important to consult with a U.S. Immigration Attorney to discuss your best course of action.

For a list of participating E-2 Visa Treaty countries, click here.

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Tags: U.S. Immigration

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Florida Ancillary ProbateMany foreign nationals and residents of other states own property in Florida; after all, with the sandy beaches and warm weather, it is an ideal place to visit, do business or retire.

When a person passes away while owning property in Florida, then that property and any other assets of the estate that exist in Florida must go through a process called Probate. If the person passed away in another state or country, the estate must be probated where the person passed away, and then the assets in Florida must go through Florida Ancillary Probate.

“Testate” probate means that the decedent passed away with a will, and “Intestate” probate means that the decedent passed away without a will. Regardless of whether the decedent had a will when he passed away, the estate still must go through Florida Ancillary Probate if the decedent had assets, property or otherwise, in Florida.

There are two types of administration in Florida Ancillary Probate: Summary and Formal Administration. As the names indicate, Formal Administration is a more complex and time-consuming process than Summary Administration, but it is required for all probates whose assets total over $75,000.00.

Florida Probate can be a complicated process, so it is important to hire an experience Florida probate attorney to assist you with the process. If you have been named as the executor of a will or you had a family member recently pass away, then contact Boyer Law Firm today to see how we can assist you through this process.

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Tags: Florida Probate & Inheritance

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A Florida or Federal trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the goods of one manufacturer or seller from the goods manufactured or sold by others, and indicates the source of goods.

When you apply for a Florida trademark or Federal trademark, the trademark examiner reviews the application and may issue a refusal based on the Law on Trademarks 1946, 15 USC § 1051 et seq., or the Rules of Practice of Brands, 37 CFR Part 2.

Black and white iconThis is why it is important to hire a trademark attorney to assist you with the trademark application process.

The most common reasons for refusing registration are because the mark is:

• Likely to cause confusion with a mark in a registration or an existing application;
• Descriptive of the goods / services;
• A geographical term;
• A family or living person’s name;
• An ornament applied to the goods.

The examiner may also issue regulations concerning, such as:

• The goods and services listed in the application;
• The description of the mark;
• The quality of the design;
• The submitted specimens.

Similarly, a service mark is a word, name, symbol, device, or any combination, used or intended to be used in commerce to identify and distinguish the services of a provider of services provided by others and to indicate the source services (not goods).

Federal trademark registration has several advantages, including a public notice of the request of the holder of the ownership of the mark, a legal presumption of national ownership and the exclusive right to use the mark on or in connection with the goods or services in the registration.

If you have an issue with a Florida or Federal trademark, please contact Boyer Law Firm today and we will be happy to help you either save your logo or discuss other options. Additionally, if you are considering applying for a Florida or Federal trademark, contact us before you begin the process so that we can avoid the aforementioned pitfalls.

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Tags: Business Law in Florida

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Federal employment taxesMost small business owners are so-called “intermediate” entities. Two examples of an “intermediate” entity are S- corporations and Limited Liability Companies (LLCs).

In general, the formation of an S-corporation or LLC in Florida does not provide liability protection to owners of the company for the payment of taxes. This rule has been clearly defined in the case of Littriello v. United States, 484 F.3d 372 (6th Cir. 2007).

In this case, the applicant Littriello challenged the validity of the “check-the-box” (check box) regulation of the Treasury Department, 26 CFR § § 301.7701-1 at 301.7701-3. Littriello had incorporated several separate LLCs and was the sole owner of each LLC. The operations of the LLCs had amounted to unpaid federal employment taxes totaling $ 1,077,000. As a result, the Internal Revenue Service (IRS) brought charges against Littriello, personally, for these unpaid taxes.

In their seven pages of transcript, the Court examined the history of the “check-the –box” regulation and the difference between the intermediate taxation and corporate taxation. After a thorough analysis, the Court concluded that the IRS may require unpaid employment taxes to be paid by the sole owner of an LLC.

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Tags: Business Law in Florida

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When applying for an E2 investor’s visa, your immigration business plan is one of the most important components of the application.

Immigration Business PlanUnlike many U.S. immigration attorneys who will simply refer you to a CPA or insist that you obtain a business plan on your own, we here at Boyer Law Firm are experts in assisting you with the creation of your immigration business plan for your E2 investor’s visa.

There are some major differences between an immigration business plan and a business plan that you would, say, present to a bank to obtain a loan. An immigration business plan:

 

 
-          Is less expensive;
-          Provides realistic projections for your business;
-          Shows how you plan to grow your business;
-          Illustrates both the investment you have already made and how you plan to invest in the future;
-          And more.

If you are interested in applying for an E2 investor’s visa, then contact Boyer Law Firm today to learn about the many different ways that we can assist you with the application process.

Tags: Business Law in Florida

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welcome 2014

Tags: Business Law in Florida

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Boyer Law Firm’s Orlando address has changed to the following location:

Ashley Park ComplexBoyer Law Firm Orlando
7635 Ashley Park Court
Suite 503- D
Orlando, FL 32835

This office is located in a more convenient part of Orlando that will allow us to better serve our clients. The new location will be officially open on January 1, 2014, and is located in the MetoWest area in the Ashley Park Complex across the street from Bill Frederick Park at Turkey Lake.

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Tags: Boyer Law Firm -- a Florida firm | Business Law in Florida

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