Quick Read Summary (TLDR) When assets are owned personally in Florida, a creditor can quickly seize and sell them, but placing assets inside a multi-member Florida Limited Liability Company (LLC) provides a powerful shield. The multi-member LLC shield is known as charging order protection. It protects co-owners from a single member’s personal financial trouble and…
Quick Read Summary (TLDR) Florida’s Chapter 558, known as the “Notice and Right to Cure” law, requires homeowners to send a written pre-suit notice detailing alleged construction defects to the responsible professional before filing a lawsuit. This statutory requirement is designed to reduce litigation by providing a structured process for the builder or contractor to…
Quick Read Summary (TLDR) Under Florida law, retroactive short-term rental bans passed by HOAs or condominium boards after July 1, 2021, generally cannot be enforced against existing owners who do not consent to them. However, HOAs have a distinct advantage over condo boards because they can utilize statutory carve-outs to restrict rental terms under six…
Quick Read Summary (TLDR) Under Florida law, commercial landlords must provide a formal three-day notice to tenants who fail to pay rent before they can legally initiate an eviction process. This statutory framework, governed by Chapter 83, allows property owners to recover possession of the premises and pursue legal action for all unpaid balances. Beyond…
Quick Read Summary (TLDR) As of 2026, Florida non-compete agreements remain enforceable under the established framework of Florida Statute 542.335 following the federal government’s decision to drop a nationwide ban. Although the Federal Trade Commission (FTC) initially attempted to prohibit these restrictive covenants in 2024, the rule was struck down by a federal court and…
Quick Read Summary (TLDR) Florida probate is a court-supervised process that verifies a will, gathers a deceased resident’s assets, settles debts, and transfers remaining property to rightful beneficiaries. The three main procedures are formal administration, summary administration for smaller or older estates, and disposition without administration for very small estates. The standard process involves appointing…
Quick Read Summary (TLDR) In Florida, a deceased parent’s new spouse has powerful rights, like the 30% Elective Share and Homestead protections, which can put the children’s intended inheritance at risk. The most reliable way to safeguard the inheritance is for the parent and spouse to sign a valid, witnessed prenuptial or postnuptial agreement that…
Quick Read Summary (TLDR) Contesting a will in Florida based on a dementia or Alzheimer’s diagnosis requires proving that the decedent lacked “testamentary capacity” at the exact moment the document was signed. While a medical diagnosis of dementia is influential, Florida law considers whether the individual understood their assets, their heirs, and the practical effect…
Quick Red Summary (TLDR) Call us at South Florida Law for legal advice by calling (954) 900-8885 or by reaching out via our contact form. A last will and testament is one of the most important documents a person can create. It records final wishes and directs how assets will pass to loved ones after…
Quick Read Summary (TLDR) In Florida, legal standing to contest a will is limited to “interested persons” who are reasonably expected to be affected by the probate proceedings. This broad category typically includes beneficiaries named in current or prior wills, creditors, and heirs-at-law such as spouses and children. While the definition is inclusive, individuals with…
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