Am I Eligible for an E2 Investors Visa?

E2 Investor's VisaAn E2 Investor’s Visa is also referred to as a Treaty Investors Visa because the visa is the result of a treaty between the applicant’s home country and the United States.

The purpose of the E2 Investors Visa is to promote economic and business growth in the United States. Therefore, if you are applying for an E2 Visa, you must prove certain aspects in order to prove that your entry to the United States and your business will promote the growth of the U.S. Economy.

In order to prove that you and your business will benefit the U.S. Economy, you must submit evidence of several requirements, including but not limited to:

  1. Citizen of an E2 Treaty Country: In order to be eligible for an E2 visa, you must be a Citizen of a Country who has an E2 Treaty with the United States. Click here for a list of Treaty Countries.
  2. A Bona Fide Enterprise: In order to prove that your business will promote the U.S. Economy, you must first prove that you have an actual business.
  3. Proof that the investment in the business is substantial: The amount required will vary depending on the type of business you have, but it is generally understood that the more you invest, the better. Deciding to take on creating a business is nothing to take lightly. Although Boyer Law Firm has obtained visas for clients in the past with relatively low investments, we have also noticed a trend of stricter requirements and the benefits of a greater investment.
  4. Proof that the investment in the business in non-marginal: According to the United States Citizenship and Immigration Service (USCIS), “a marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income.  In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.”

If you meet these requirement and are interested in applying for an E2 Investors Visa, then contact Boyer Law Firm’s Immigration Attorneys today.

Spring Business Cleaning: Florida Employment Contracts

Florida employment contractIf you have not done so already, then you may want to update the office policies and procedures of your Florida business for the year 2014. This includes having employees sign employee handbooks/Florida employment contract(s).

That’s right! A Florida employment contract or Florida employment agreement is a contract, and a very important one at that! It sets forth the responsibilities not only of your employees, but also for you as an employer. Like any contract, you should have your florida employment contract drafted and reviewed by a business law attorney.

Additionally, while contracts are on your “Spring Cleaning to-do list,” you should review what contracts you have coming to an end (Ex: vendors, clients, suppliers, etc.) and schedule time to speak to a Florida business law attorney before those contracts end.

If you are interested in “Spring Cleaning” the contracts for your company, or if you need a contract drafted or reviewed, then contact Boyer Law Firm’s Business Law and Contract Attorneys today. This can be especially valuable if you are a foreign individual conducting your business from overseas.

Attorney Boyer on Contracts and Lien Laws

Contracts and Lien Laws

Attorney Francis M. Boyer spoke at the Florida Groundwater Association’s Annual Conference on Friday, May 2, 2014. He spoke about contracts and lien laws for contractors, subcontractors and more.

The presentation and Attorney Boyer received great feedback from the audience, and Attorney Boyer looks forward to attending the conference next year.

If you need assistance with a contract or lien law situation, then contact Boyer Law Firm, P.L. today.

Florida Business Planning and Florida Business Registration

Florida Business PlanningWith the onslaught of internet based companies, including phone apps, online stores, and much more, it can be difficult to navigate the legal landscape of properly setting up your business and abiding by the different state laws.

For example, according to the Orlando Business Journal, it is rumored that Zynga, maker of some of the most popular social games, is building a physical location in the Orlando, Florida area. Does this mean that Zynga will have to register to do business in Florida? If it has not already, then absolutely!

If your company has a permanent address in a Florida, then it needs to be registered to do business in Florida. If you are based in one state but you are selling throughout the country or internationally, then it is important to know the legal requirements for your business.

Here at Boyer Law Firm, we offer Florida business planning meetings that will allow Attorney Boyer and our other business law attorneys to guide you through this landscape and assist you in determining what you need to do to protect your business and yourself, especially when it comes to asset protection.

For more information on our Florida business planning meetings, or if you need to register your business to conduct business in Florida, then contact Boyer Law Firm today.

Why You Need a Florida Estate Plan

Florida Estate PlanWho do you want to tend to your wishes when you pass away?

–          A child?
–          A friend?
–          A rival sibling who wants all of your money?

If you do not have a valid will, then you will not get to make this and many other important decisions.

When a person dies without a will in Florida, it is called “intestate.” This means that the estate of the decedent (the person who passes away) will go through the probate process, but this process will be enacted not by the decedent’s wishes.

In an intestate probate case, the inheritance for the distribution of the decedent’s assets and debts are determined but by a rigid legal formula, which is not at all personalized to yourself or your loved one and the decedent’s specific situation and needs.

If you die without a will, then the Court will choose a Personal Representative for your estate, and it could end up being rival sibling or an estranged family member who really has no idea in regards to your wishes.

There are many other factors to creating a Florida estate plan, such as trusts, tax implications on beneficiaries, and much more. For example, do you need a will in Florida if you own property but are not a U.S. Citizen?

Florida Estate planning includes much more than just drafting a will, but that is a good place to start. In the current financial situation we are in, it is easy for people to overlook the need for Florida estate planning tools until it is too late.

If you are interested in creating a Florida will or Florida estate plan, then contact Boyer Law Firm’s estate planning attorneys today.

Millennial Entrepreneurs are the Future of Florida Business

Millennial EntrepreneursMillennials, or adults who reached the age of 18 after the year 2000, have more money management skills than their grandparents, the baby-boomer generation, according to the 2014 Planning and Progress Study conducted by Harris Poll.

The poll said millennials and millennial entrepreneurs tend to be more proactive about planning and recognize the importance of saving and investing. Millennials are classified as disciplined, patient, and humble when it comes to their financial responsibilities.

Jacksonville University, a private university in Jacksonville, Florida, held its own version of the popular television show “Shark Tank” in an effort to encourage its students to become millennial entrepreneurs. There were 14 projects presented and the top student won $500.

These millennials will be the next wave of entrepreneurs, and many have already begun their ventures, whether that be an invention, a business idea, and more. New ways of funding, such as venture capitalism, family money, or personal savings are allowing these millennial entrepreneurs to start their businesses much younger than the generation before them.

If you are interested in starting a company in Florida, then contact Boyer Law Firm’s business law attorneys today.

H1B Visas are no longer available for 2015!

H1B visaThis is just an example of the overload of applications that are being sent to the United States Citizenship and Immigration Service (USCIS).

USCIS received 172,500 H1B petitions from the when it began taking applications on April 1, 2014 until this Monday, April 7, 2014, when they stopped taking applications, according to a press release on their website. That’s right! The ability to even apply for a H1-B visa disappeared in less than a week.

The H1-B visa is for specialized workers in areas such as science, engineering, and computer programming. USCIS will not begin to accept applications for Fiscal Year 2016 until next year, April 1, 2015.

The USCIS said it will be conducting a computer-generated lottery to determine which petitions it will select for processing

If you were thinking about applying for a H1B visa, then you may want to consider other visa options.

These visa options may include investment visas (if you are willing to start and invest in a business), family petitions (if you have an immediate relative who is a Legal Permanent Resident or U.S. Citizen), and more. Please not that purchasing a piece of property in the United States does not in and of itself qualify a foreign individual for an immigration visa.

As previously stated, USCIS is currently experiencing an overwhelming number of applications for multiple different kinds of visas. As a result, it has been our experience that the requirements for each visa are much stricter than they used to be and the visa application process takes longer than it used to.

If you think that you may qualify for a visa or if you would like to schedule an appointment to discuss your immigration options, then contact Boyer Law Firm’s immigration and international law attorneys today.

Collect on a Final Judgment in Florida

Florida Final JudgmentScenario: You sued someone and won! Congratulations!

Now, how do you get your money? It is more than likely that the opposing party is not going to just hand over the money, otherwise there would not have been a suit in the first place.

The judicial system has accounted for this by allowing prevailing parties and attorneys to collect the monies through liens and garnishments. However, in order to place a lien or garnish wages in Florida, the judgment must be a Florida Final Judgment.

There are two ways to obtain a Florida Final Judgment:

  1. The case took place in Florida and a Florida court issued the judgment
  2. A final judgment was entered in another state or country and the judgment was domesticated to Florida.

If you have a judgment in another state or country, you should hire an attorney experienced in domesticating foreign judgments, as properly enacting this legal procedure is vital to being able to collect monies through a lien or wage garnishment.

If you have received a final judgment against a person who lives, works, or owns assets in Florida, then contact Boyer Law Firm’s international law attorneys today.

Learn from CNBC’s “The Profit:” Have an Attorney Draft Your Florida Corporate Documents

Florida Corporate DocumentsAfter their appearance on CNBC’s new television show “The Profit,” featuring Marcus Lemonis, Sweet Pete’s in Jacksonville, Florida made news due to the major fight between the business partners.

Disputes between business owners appears to be a common theme both on the show and in business in general, and many of these disputes could be solved through following the procedures outlined in the company’s  properly executed corporate documents.

In fact, the solution to the dispute in this case was found in the Shareholder’s Agreement.

Whether your Florida business partner is your spouse, child, friend, or simply an associate, it is vital to protect yourself and your business in case of such a “breakup.” One of the best ways to protect yourself and your business is through your Florida corporate documents. These include Articles of Organization for a Limited Liability Company (LLC), Articles of Incorporation for a Florida Corporation, and an Operating Agreement for both.

When properly drafted by a Business Law Attorney, these Florida corporate documents should outline the procedures of the company for almost all situations, especially the loss or gain of a member/owner of the company.

The mistake that many businesses make is trying to “save money” by using an attorney knock-off site or trying to draft these documents themselves. By doing this, the company usually ends up spending more money to correct the error than it would if the owners had the Florida corporate documents properly drafted and reviewed by a Florida business law attorney.

If you are starting a company or you need properly drafted Florida corporate documents, contact Boyer Law Firm’s business law attorneys today.

Why You Need an Attorney for Florida Commercial Rentals

Florida Commercial RentalFlorida commercial rental properties can be an excellent first or second source of income.

There is money to be made in the Real Estate Market, and the two best ways to make money in this market are through house flipping or owning rental properties. Florida commercial rental properties will obviously provide you with a greater return than residential properties, as the cost of Florida commercial real estate is greater in general, but Florida commercial rentals are also more complicated than residential rentals.

Florida commercial rental Lease Agreements can be up to 75 pages long and very complex, which is why it is important to have a Florida real estate attorney review the lease agreement, whether you are the landlord or the tenant.

If you are the owner of a residential property, whether it be an apartment complex, a single-family home, or a condo, then it is also important for a real estate attorney to review the lease agreements.

Additionally, you want to make sure that the property you purchase to rent out has a “clear title.” This is done by hiring an experienced closing attorney to handle your real estate closing. If the property does not have a clear title, then you could run into various, serious problems, especially if you are going to rent out the property to a third party.

If you are interested in purchasing a property to rent out or have a commercial lease agreement you need reviewed, contact Boyer Law Firm, P.L. today.

USCIS Revises N-400 Application for U.S. Citizenship

U.S. Citizenship AttorneyU.S. Citizenship and Immigration Services (USCIS) has revised Form N-400, Application for Naturalization, also known as the application to become a naturalized U.S. Citizen.

According to USCIS, “Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).”

In order to qualify for U.S. Citizenship, candidates must meet the following criteria:

1. Be a Legal Permanent Resident of the United States for five (5) years
2. Have been a Legal Permanent Resident of the United States for at least three (3) years. Additionally, you must have been married to and living with the same spouse, who is a U.S. Citizen, and your spouse has been a U.S. Citizen for the last 3 years at the time of filing your Form N-400
3. Other specific reasons, which must be discussed with a U.S. Immigration Attorney

One of the reasons USCIS revised this form is to “present customers with clearer instructions.” This is a clear indicator that USCIS runs across errors on multiple applications. If you do not fill out the form correctly and provide the correct supporting documents, then your petition could be delayed or denied.

Hiring a U.S. immigration attorney to assist you with this application, or other visa applications, will ensure that these documents are completed fully and accurately. If you are interested in applying for U.S. Citizenship or other immigration visas, then contact Boyer Law Firm, P.L. today!

Can I Pick the Closing Agent if I am Purchasing Property in Florida?

Property in FloridaAlthough it is customary in the industry for the Seller of a property to pick the Florida closing agent, it is beneficial to the Buyer of a property to choose the closing agent, especially if the buyer is from another country and/or English is not their first language.

Here at Boyer Law Firm, P.L., we have helped many domestic and foreign individuals, couples, and families purchase property in Florida.

We have experienced situations and in which a title company not headed by an attorney performed a title search in which they found only five (5) items that needed to be completed. When Boyer Law Firm, P.L. performed a title search on the same property in Florida, we found twelve (12) items, almost double of the original search and several of which were critical.

Since Title Insurance rates are set by the State of Florida, and are therefore uniform in the amount, there is no financial savings in choosing a title company over an attorney. Most attorney are title insurance agents for Attorney’s Title Services, which is considered the reference in the real estate industry. Only attorneys can join/use this Title Service, which is of the highest quality in diligence and conveying a clear and marketable title.

CNN Money Likes Jacksonville Entrepreneurs

Jacksonville EntrepreneursJacksonville, Florida was recently praised by CNN Money for being an emerging hub for both start-up companies and entrepreneurs.

Contributing factors to the success of the increase in Jacksonville Entrepreneurs include inexpensive business and labor costs, low taxes, warm weather, and availability of capital. Jeanne Miller, executive director of Jacksonville Civic Council, says venture capital and money from angel investors is coming back to Jacksonville.

“Jacksonville’s a hidden jewel for entrepreneurs,” said Theodore Carter, executive director of the city’s Office of Economic Development. “We have a young ecosystem here that’s very welcoming to innovation and new business.”

This ecosystem of Jacksonville entrepreneurs is further exemplified through events such as One Spark, and the UNF Leadership Summit, and many other events with the entrepreneurial spirit in Jacksonville.

Source: Jacksonville is Hot for Startups

Who picks the Florida Closing Agent in a Real Estate Transaction?

Swimming Pool and SpaAlthough there is no law regarding who picks the closing agent in a Florida real estate transaction, it is customary for the Seller of the property to choose the Florida Closing Agent. It is also customary for the party who chooses the closing agent to pay the “closing costs,” such as the deed recording, the title search, etc.

Specific closing costs vary on each real estate transaction.

If you are the seller of a piece of Florida real estate, you want to choose the Closing Agent so you will have control of the security deposit if the buyer chooses not to close and the contract provides for a non-refundable deposit. If the Closing Agent also acts as the Escrow Agent in the transaction, then the security deposit should be held in a trust account until the transaction is completed.

If you hire a Florida Real Estate Attorney as your Florida Closing Agent, they may be able to easily satisfy some of the items required by the Title Company before Title Insurance can be issued to the buyer. These items may consist of documents that are legally binding and should be drafted by an attorney.

If someone is interested in purchasing your home or business, then contact Boyer Law Firm’s Florida Residential and Commercial Real Estate Attorneys today.

Florida Contracts: Types and Definition

Florida Contract AttorneyA Florida contract is an agreement between two or more parties, whether they are individuals, business entities, or non-profit entities. Due to this broad definition, there are infinitely many different kinds and types of contracts.

Having a Florida contract attorney draft your contract will ensure that you understand what you are signing and that at least some of the conditions of the contract are in your favor. By understanding what you are signing you understand your responsibilities and the responsibilities of the other party.

If either party fails to live up to these responsibilities, then a civil lawsuit for breach of contract can occur, which can be a very costly process, especially if you are the one who caused the breach of contract.

Some categories of contracts include:

Business Contracts

Partnership Agreements
Articles of Organization or Incorporation and Operating Agreements (Yes, these are contracts!)
Employment Agreements
Non-Compete Agreements

Real Estate

Purchase and Sale Agreement for Residential or Commercial Property
Commercial Lease Agreement


You should always have an Attorney review your contracts, and don’t forget the Golden Rule:


LLCs for Married Couples: Preventative Law

LLCs for Married Couples

The Florida Business Journals recently published an article about LLCs for married couples entitled “How to Divorce-Proof your Business.

Here at Boyer Law Firm, we have started many corporations and LLCs for married couples and families, and our policies and procedures protect both the business and its members.

When you are creating a business, whether it be with a family member or not, it is important to protect yourself as an individual.

This can be done in different ways, depending on your specific situation.

The most common way is to have a business law attorney draft an Operating Agreement that outlines how units or shares of the company can be bought, sold, or traded. When your corporate documents are being drafted, it is important to really think about who is going to own what percentage of the company and what roles in the company those parties will play.

Additionally, you should create and maintain a separate corporate bank account, not only in the case of a disagreement, but also for asset protection purposes.

A prenuptial agreement or post-nuptial agreement (after getting married) can also be a form of legally deciding who will maintain ownership of the company in the case of a divorce. These types of agreements are legally binding contracts and should be drafted and reviewed by an attorney before you sign them.

If you would like to create a Florida LLC or Corporation or have questions regarding asset protection in business formation, then contact Boyer Law Firm’s Business Law Attorneys today.

Difference: Florida Residential & Florida Commercial Real Estate

Florida Commercial Real EstateTwo types of properties when it comes to Florida Real Estate are Residential and Commercial.

Residential real estate refers to properties intended for people to reside in, such as houses, apartments, etc. Commercial real estate refers to a building or land intended to generate profit from capital gain or rental income, such as a storefront, apartment complex, office building, mall, etc.

It is important to differentiate between these two types of real estate when hiring a Florida real estate attorney because the process of buying or renting these properties can be very different.

Here at Boyer Law Firm, we concentrate on buying and selling both residential and commercial properties, and we handle commercial rentals and commercial landlord/tenant issues. We do not practice residential landlord tenant issues or assist tenants with residential leases.

If you are interested in purchasing a commercial property, then our commercial real estate attorneys can assist you with determining whether you should buy or rent the property. Commercial real estate transactions can be must more complex then residential real estate transactions, which is why it is important to hire a Florida commercial real estate attorney.

When renting a commercial property, it is important to have a Florida commercial real estate attorney review the lease agreement BEFORE you sign it. Remember, a lease agreement is a contract which can run up to 75 pages long! We have received many calls from people attempting to get out of a bad commercial lease agreement, and their issues could have been solved in a much easier and cost-efficient way if they had hired an attorney to review the lease before they signed it.

Our residential real estate attorneys can assist you in purchasing a Florida residential property in a quick and efficient manner. It is important to hire an experienced residential real estate attorney to assist you with the closing, including making sure the property has a clear title, which is done through a title search. If a proper title search is not performed on the property, then the buyer can potentially be stuck with many detrimental issues, such as these horror stories.

Contact our office today to see how our Florida real estate attorneys can assist you.



Our office has received two phone calls so far this afternoon regarding an email/letter from a Julian Marshal claiming to be the Senior Attorney for Boyer Law Firm.

Julian Marshal is not connected to our firm in ANY way, and as far as our attorneys are concerned, this letter is nothing but a scam.

DO NOT respond to this letter.

If you receive this letter or one similar to it, please contact our office at (904) 236-5317, (407) 574-2573, (305) 921-9665. You may also email a copy of the email/letter to our office.

If your correct Social Security Number was used in this email, PLEASE take the following steps to protect yourself from Identity Theft:

  1. Call your local police department to file a report and get a report number
  2. Call the Federal Trade Commission and follow the prompts regarding Identity Theft to file a Complaint. You will need the police report you filed for this step. 1-877-438-4338
  3. Call the Social Security Administration and file a report. They may or may not accept one, but they should. 1-800-772-1213

Keep an eye on your credit report

Number of Baby Boomer Entrepreneurs is Increasing

baby boomer entrepreneurSome Baby Boomers may be retiring from the workforce, but there is an increase in Baby Boomer Entrepreneurs.

The highest rate of entrepreneurship in the U.S. has shifted to people aged 55-64, according to a press release from U.S. Senator Bill Nelson’s office (FL).

“Today, we’re seeing more and more older entrepreneurs make a positive mark on our economy,” Nelson said. “As their numbers continue to rise, so too does our responsibility to reduce barriers to entrepreneurship, and ensure seniors receive the support they need to create successful start-ups.”

As with any other age group of entrepreneurs, it is important for you as a baby boomer entrepreneur to incorporate your business properly. If you are in the baby boomer age range, then you need to make sure your personal assets are protected not only for yourself, but also for your children, grandchildren, and other loved ones.

Additionally, if you are a foreign investor in the baby boomer age range, there are visa options for you and potentially your children, so contact Boyer Law Firm today to see how we can assist you.

U.S. Marriage Immigration: What Should We Do?

Falling in love and getting married is an exciting time, but if your spouse is an American Citizen and you are a foreign national, it can also be a very stressful time if you are trying to get a visa or become a permanent resident of the United States.

u.s. marriage immigrationThere are different options for fiancés and spouses of American Citizens, such as marriage visas, marriage adjustment petitions, and fiancé visas. It is beneficial to hire a U.S. Immigration Attorney to discuss the different U.S. marriage immigration options you have and to help you through the visa process.

The U.S. marriage immigration process, or the process for any type of immigration petition, can be a daunting task, especially with the added security measures that have been enacted. Although it is impossible to guarantee the acceptance of your immigration application, hiring an attorney will aide you with completing the paperwork properly, ensure that you are applying for the correct immigration status, and will increase your chances of success.

Some questions that our U.S. immigration attorneys will be able to answer are:

–          Should I get married in the U.S. or in another country?
–          Can my child come to the U.S. with me?
–          Should I apply for a different type of visa so I can be in the U.S. while applying for a marriage adjustment petition?
–          And more.

These questions require the legal analysis and advice of an experienced U.S. immigration attorney. If you are interested in a visa or would like to schedule a meeting to discuss your visa options, then contact Boyer Law Firm today.

SCAM ALERT: Businesses Do NOT File Annual Minutes!

SCAM Rubber StampBeware of this scam to fool business owners as it comes time to file their annual report! A company is sending business owners what looks like an official letter asking them to file their “Annual Minutes” for $125. These notices are not from the state or any other government agency.

Business owners are required to file their Annual REPORT, not their Annual MINUTES. The annual minutes should be kept by the business for its own records.

If you receive a letter asking you to file your annual minutes, ignore it or contact an attorney. If you have already received the letter and paid it, contact the State Attorney General’s office.

Wire Transfers for International Business

Wire Transfers for International Business Owning and running a Florida business from another country can be a daunting task, especially when you are just starting out.

Due to U.S. immigration issues, many of our clients will create and begin to build their business from another country, such as France, Belgium, Switzerland, Argentina, Colombia, Canada,Turkey, etc., before applying for a U.S. Visa, such as a B-visa or E2 Visa, or Legal Permanent Residence, such as through an EB5 visa. When you are creating and investing in a business, there will inevitably be funds that need to be transferred between countries and accounts for bills and other various situations.

So how do you manage these large money transfers when you are an ocean away?

The first thing that most of the world uses, the IBAN system is not used in the U.S. Instead, the SWIFT method is how money is transferred internationally to the U.S.

The other aspect is that wires in the U.S. are not sent to a specific branch, i.e. 123 Main St., Miami but merely to the “main” bank. For Wells Fargo, its address is in San Francisco, SunTrust in Atlanta, Chase in New York, etc.

Major international business transactions are usually done via wire transfers. A wire transfer is the electronic transfer of funds from one person or institution to another. In most cases, wire transfers are done between institutions, namely banks, who charge a fee for this service.

When you make a wire transfer, it is important to preemptively research these fees, as they vary depending on the institution, location, and more. The best way to do this is to verify the fees with BOTH of the institutions you will be dealing with, i.e. the bank you are transferring the money from and the bank to which you are transferring the money. If you do not account for these fees when making a wire transfer, then your payment will be for a lesser amount than you intended.

Wire transfers are used for situations such as:

–          Purchasing Real Estate
–          Purchasing a Business
–          Transferring Funds into your U.S. Business Account or another U.S. Bank Account
–          Making a deposit into an Escrow Account
–          Making a payment to your attorney
–          Paying court fees
–          And more

Do I Need to Create A Florida LLC?

Florida LLC“Do I need to create a Florida LLC, or Corporation?”

If you conduct business in the State of Florida, then the answer is YES!

For over 100 years, corporations have been in existence, and Limited Liability Companies (LLCs) have been in existence since 1982. Florida LLCs gained popularity in 1999 after the repeal of the Florida corporation income tax on LLC’s income and further government initiated tax breaks.

Issues involving taxes and asset protection are the main reason you should consult with a Florida Corporate Attorney when forming your business. A Florida Corporate Attorney will be able to explain the differences between the different types of companies and assess which type best fits your individual needs.

One of the principle purposes of creating a company is for asset protection. When you create a Florida LLC or Corporation, especially if you are a single-member Florida LLC, you should be separating your corporate assets from your personal assets, including real estate, cash, and other assets. This is creating what is called the “Corporate Veil.”

By separating your assets, you are limiting the ability of creditors to access your personal assets for debts owed by the company. These debts may include unpaid bills, Court judgments, liens, etc. If you do not properly separate your assets, then you risk the chance of never creating the “Corporate Veil” asset protection.

Florida Baby Boomers and Probate

As Florida Baby Boomers continue to age, there will inevitably be an increase in the amount of deaths in the United States, especially in Florida, where many baby boomers reside.

When a loved one dies, regardless of whether or not they have a will, the estate must go through a process called “probate,” with the exception of very rare cases.

Florida Baby Boomers and ProbateIf you have a family member who is a Florida baby boomer or older, then you need to start thinking about what you and your loved ones will do when they are gone, such as:

– Does your loved one have a will?
– Has your loved one appointed a personal representative for their estate?
–  Does your loved one own property in multiple states or countries? If so, each may have to be probated individually.
– Does your family have a trust that applies to the probate process

Many Florida baby boomers are “snowbirds” who are also residents of other countries or states, where they also own assets. In these cases, the decedent’s estate must be probated in more than one court.

If you have recently suffered the loss of a loved one who passed away in Florida, or possessed assets, such as a house, in Florida at the time of their death, then contact Boyer Law Firm today to see how our Florida probate attorneys can assist you.

Can I get an Investor’s Visa if I Buy a House in Florida?

Can I get an Investor’s Visa if I Buy a House in Florida?Many people, especially Canadian residents, are under the impression that if they simply buy a house in Florida, they will qualify for a U.S. Investor’s visa, but this is generally not the case.

Although purchasing a house can be considered an investment in the common use of the word, U.S. Investor’s visas require the funds to be invested in a “bona-fide enterprise.” This investment should contribute to the American economy, meaning the enterprise must be an ongoing business.

One way to satisfy the investment requirements of an Investor’s visa could be by purchasing an apartment complex or office complex and renting out the units. If you choose to proceed in this direction, you will be required to form a company, invest in that company, and rent the units through that company. However, the business cannot be “marginal”, meaning it must provide more than just enough income on which the investor’s family can live. The business must also create jobs, which is often the most challenging aspect.

If you do not want to start a business in Florida, but you do want to purchase a house, then you do have other visa options.

If you would like to buy a house in Florida or a commercial property in Florida, believe that you qualify for an Investor’s visa, or need to discuss your visa options with an experienced immigration attorney, contact Boyer Law Firm, P.L. today.

What Documents Do I Need to File a Florida Civil Lawsuit?

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.

Types of Trusts in Florida

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.

Can I Accept a Florida Quit Claim Deed When I Purchase a Property?

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.

No E2 Visas for Brazilians but You Do Have Options

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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