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Author Archives: Jay Butchko

CouplePlanning

How To Protect Against “Lost Heirs” In Probate

By Moran, Sanchy & Associates |

You have worked your whole life to build up your estate. Regardless of whether your legacy is a vast and sprawling estate or a modest balance in a bank account, you deserve to have the final say in how your estate will be divided and inherited. This may become particularly important to you if… Read More »

BusLawyer2

How Can Your Business Benefit From A Non-Compete, Non-Solicitation, Or Non-Disclosure Agreement?

By Moran, Sanchy & Associates |

All businesses have a “secret sauce” that allows them to be competitive in the market. This could be an actual product like the secret 23 spices making up the classic flavoring for KFC, or something more conventional such as a small business’s pricing strategies or other proprietary data or trade secrets. To remain competitive… Read More »

Probate9

How A Revocable Living Trust Can Help You Avoid The Florida Probate Process

By Moran, Sanchy & Associates |

The Florida probate laws and processes are notorious for their tendency to cause long, drawn-out, cumbersome estate settlement issues for the heirs/beneficiaries that are left behind. Naturally, this has stirred up interest in what estate planning options or strategies exist to lessen the burden of the probate process (or, hopefully, to exclude as many… Read More »

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Summary Administration: A Florida Shortcut To Regular Probate

By Moran, Sanchy & Associates |

Probate: a long, drawn out, largely public ordeal that many estates must trod through to some extent in Florida. However, Florida offers an alternative route – a “shortcut” to the formal probate administrative process, if you will – in certain circumstances. Pursuing the simplified probate process may make it easier, less time consuming and… Read More »

HomeownersAssociation

Why You Need To Take Florida HOA Disputes Seriously

By Moran, Sanchy & Associates |

Most Florida homeowners have had to deal with an HOA dispute at one time or another. Oftentimes, these situations are quickly resolved without anyone needing to call a lawyer. But when things escalate, a homeowner must be prepared to assert their rights in court. Disagreement Over Unkempt Lawn Leads to Years of Litigation One… Read More »

Legal28

What Happens When My Former Landlord Keeps Part Of My Security Deposit?

By Moran, Sanchy & Associates |

Many residential leases require the tenant to pay a security deposit to the landlord. Florida has specific laws governing such deposits. Under Section 83.49 of the Florida Statutes, the landlord must hold the deposit money in a separate bank account or post a bond with a Florida circuit court guaranteeing the landlord’s compliance with… Read More »

ElderlyParent

Do You Need A Florida Revocable Living Trust?

By Moran, Sanchy & Associates |

Although the word “trust” are often associated with very wealthy individuals, the truth is that anyone can use a trust as part of their own estate planning. In particular, the revocable living trust is a popular tool for helping to distribute your assets without the need for formal probate after your death. While living… Read More »

InjuryComp

How “Factoring Companies” Can Take Advantage Of Personal Injury Victims

By Moran, Sanchy & Associates |

Personal injury cases are often resolved with the plaintiff–i.e., the person harmed by the defendant’s conduct–agreeing to what is known as a structured settlement. Basically, this means the defendant purchases an annuity contract that makes periodic payments to the plaintiff. The annuity is managed by a separate company from the defendant (or their insurer)…. Read More »

ConsumerP1

Does An Erroneous Mortgage Statement Violate Consumer Protection Laws?

By Moran, Sanchy & Associates |

The federal Fair Debt Collection Practices Act (FDCPA) and its state counterpart, the Florida Consumer Collection Practices Act (FCCPA) both prohibit creditors from making false, deceptive, or misleading statements “in connection with the collection of a [] debt.” For example, if a creditor sends you a bill falsely claiming that you owe them money,… Read More »

Legal32

Is COVID-19 A Justification For Breaking A Residential Lease?

By Moran, Sanchy & Associates |

The COVID-19 pandemic has caused substantial disruption to the normal functioning of society. Many people were forced to change their employment, educational, and living arrangements as a result of the ongoing public health crisis and its associated restrictions on daily life. At the same time, however, the courts have not treated the pandemic as… Read More »