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Articles Tagged with Miami asset protection attorney

by: Phillip B. Rarick, Esq.

We have been helping small business owners survive and thrive – in good times and bad – for over 25 years. Here is how we may be able to help you in this current challenging business environment.

1.    Contract Review and Force Majeure. A Force Majeure clause is a standard clause in many contracts. If you have a contract you are trying to get out of – or the reverse – if you have a person trying to nullify performance under your existing contract the interpretation of the “Force Majeure” clause will be a determining factor.

by: Phillip B. Rarick, Esq.

Here is the good news/bad news I received from my bank today regarding my Paycheck Protection Program (PPP) Application:  The good news:  your application has been approved; the bad: the SBA is out of money and you must wait for Congress to refund the program!

Although I have heard of a few small businesses that have received funding I am guessing that most persons reading this letter have encountered similar frustrations. Note: if you have received funding, please so reply.

by: attorney Phillip B. Rarick

You can always count on the Americans to do the right thing – after they’ve tried everything else. –   Winston Churchill.

Millions of small business owners and self-employed have filed for loans under the  Paycheck Protection Program because part or all of the loan can be forgiven if you retain your employees and maintain their salary levels.

By: Jacqueline R. Bowden Gold, Esq. and Phil Rarick, Esq.

The Coronavirus has left the US economy in a stand still. It has forced businesses to shut down and events to be cancelled or postponed across the nation – creating significant anxiety for small business owners. During these times, many businesses are unable to or fear they will become unable to fulfill their contractual obligations.

Here is a term you’ve probably heard before but never paid much attention to: Force Majeure. If you are unable to fulfill your contractual obligations or are worried that the obligor (the person who has a duty to perform) under an existing contract will not perform, Force Majeure is an important provision to look for in your contract.

By Phillip B. Rarick, Esq.,  Miami Lakes and Weston Estate Planning Attorney

On any other year the Florida Corporate Annual Reports would be due May 1. However, the Governor has signed an order extending the deadline to June 30, 2020.

If you have an interest in a Florida LLC, corporation, professional association, or partnership and have not filed your 2020 annual report be sure to do so prior to June 30. Otherwise the state will charge you a $400 late fee if you miss this deadline.

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney

If you have never checked Florida’s web site for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!

You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.

You will miss this deadline if you do not read carefully – and you may need a magnifying glass to find it.  Within the past two weeks you should have received in the mail a “Notice of Proposed Property Taxes” or “TRIM Notice” from your county property tax appraiser.  Buried at the bottom of your  Notice in small print is an important deadline for appealing your tax assessment.

Clearly, the county does not want to encourage you to appeal your property taxes.

Note these deadlines:

By Phillip B. Rarick, Esq., Miami Probate Attorney

Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.)  In an effort to curtail such tactics, the legislature overhauled the statute and broadened the share.  The result is an expansive elective share that sweeps into the decedent’s “elective estate” many non-probate assets.  See F.S. §732.201 —§732.2155.

What Is Included?  Florida’s  elective share statute retains the 30% share under prior law, but introduces the concept of the “elective estate” (sometimes referred to as “augmented estate”)  that consists of the following property interests under F.S. §732.2035:

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