Blog Posts in 2014

    • The Shock and Awe of Probate

      The force which confuses or destroys an enemy's perception of the battlefield and removes their will to fight is known as "Shock and Awe" . It is similar to what many beneficiaries to an estate experience when someone dies. Upon the death of a loved one, many beneficiaries' expectations of receiving an immediate family inheritance is often paralyzed by their own shock and awe once encountering the ...
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    • Florida Has A New LLC Law

      Limited Liability Companies Be Aware If you have an existing Florida limited liability company (LLC) you should consider meeting with a business law attorney to amend your articles or operating agreement to comply with the new LLC law enacted in June 2013 . The new law became effective on January 1, 2014 for all new businesses wishing to operate as an LLC. LLC's established prior to this date may ...
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    • Is Your Florida Durable Power Of Attorney Acceptable?

      On October 1, 2011, Florida enacted a change in the laws regarding durable powers of attorney (DPOA). In a nutshell, prior to the change it was possible to prepare a DPOA which became effective only upon your incapacity. The new law no longer allows the "upon incapacity" language, thus making DPOAs effective immediately upon execution. Although the law was designed to allow those with DPOAs ...
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    • The Probate Mainspring

      People too often are surprised to learn that someone must open a probate proceeding in order to recover the assets payable to the children or other beneficiaries of a loved one who dies. An even greater surprise is that someone must pay a lawyer and wait from 90 days to 2 years or longer before the court closes the probate action and issues an order to distribute assets to those entitled to them. ...
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    • Types Of Probate Law In Florida

      People often ask what is probate and why do I need it? Probate is a legal process that takes place after someone dies. If a deceased person had a Last Will or no Will at all, their heirs are required to hire an attorney to manage the probate settlement by the court overseeing distribution of any real estate, property, bank account or other valuables. To accomplish the most effective outcome for ...
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    • Central Florida Lifestyle Magazine Features Jackson Montoya Law Firm on Cover

      When you read Central Florida Lifestyle magazine this month, you'll see the partners of our law firm on the cover! This is because our Orlando estate planning law firm, Jackson Law Law Firm , is the subject of the cover story for the magazine's March 2014 issue . The magazine article is titled "Together We Stand" and can be found on pages 10 and 11. Lifestyle magazine discusses our mission of ...
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    • Don't Be a Probate Statistic

      Most people believe that when they die, their spouse or children will automatically inherit their assets. If they have no children, they believe their assets will pass immediately to their closest living relatives so that having a Last Will or other form of estate planning is simply unnecessary. Nothing Could Be Farther From The Truth . In Florida, like most states, whether you have a Will or not, ...
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