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April 2017 Archives

New procedural rules for family court don’t address arbitration, P.2

In our last post, we mentioned that a new set of procedural rules governing family law matters here in Florida does not address the possibility of arbitration, as was allowed in some circumstances under the previous rules. This fact is lamented by some, who say that arbitration should not only be available in family law disputes in Florida, but more widely available than it was under previous rules.

5 great reasons to consider creating a trust

When it comes to managing your property, there are plenty of ways to structure your portfolio, assets and holdings. Trusts offer many benefits that might not have crossed your mind, so they're worth considering. Here are just a few of the reasons people use these versatile financial vehicles.

Three planning tips for ensuring fiduciary access to digital assets after death

In recent posts, we’ve been looking at the issue of digital asset planning, and the requirements under Florida law for different types of fiduciaries to gain access to digital assets after the owner’s death. Here, we wanted to mention some specific ways an experienced attorney can help ensure fiduciaries have access to digital assets when the owner dies.

Looking at Florida’s Fiduciary Access to Digital Assets Act, P.3

Last time, we began looking at the different categories of fiduciaries specified in the Florida Fiduciary Access to Digital Assets Act, and the different requirements the law establishes for fiduciaries to gain access to digital assets after the owner or account holder’s death. As we noted, the rules vary for gaining access to the content of communications, as opposed to noncontent communications and other digital assets.

Looking at Florida’s Fiduciary Access to Digital Assets Act, P.2

Previously, we began looking at Florida’s Fiduciary Access to Digital Assets Act, which allows owners of digital assets to authorize disclosure of those assets to a trusted individual, or fiduciary. When an account holder or digital asset owner provides lawful consent for disclosure to a fiduciary, businesses are legally protected from turning over that information to a fiduciary.

Looking at some common risk allocation tools for construction contracts, P.2

Previously, we began looking at the issue of risk allocation in construction contacts and some of the tools that can be used to allocate risk between parties. We’ve already mentioned warranties and indemnification. Another possible tool for allocating risk is limitations of liability.

Looking at some common risk allocation tools for construction contracts, P.1

Previously, we looked briefly at a contract cancellation dispute between the Greater Orlando Aviation Authority and a contractor who had agree to complete the first part of a multi-phase expansion project for the airport. As we noted, the airport claims that it cancelled the agreement because of the contractor’s attempt to shift risk to the airport.

Initial phase of Orlando airport expansion terminated due to disagreements over risk allocation

Last month, the Greater Orlando Aviation Authority—the entity responsible for managing the Orlando International Airport—announced that it would be terminating a contract for the initial phase of a significant expansion of the airport. The expansion is aimed at developing 1,800 acres for mixed-uses, including a warehouse area for airport vendors.

What responsibilities do I have as a personal representative?

Being asked to serve as the personal representative of a loved one or friend’s estate is an honor, in some cases, and a burden in others. In any case, it is a responsibility worth taking seriously. For those who have no idea what is involved in serving as a personal representative of an estate, it can be greatly helpful to work with an experienced attorney. This is all the more important when the size of the estate is significant, or when there are complex claims against the estate.  

Charitable giving through your estate plan: How to do it right

Charitable giving is an important - and commendable - estate planning goal for many Americans. Perhaps you've donated your time volunteering with a humane society or animal rescue operation, and you want to expand that support. Maybe you belong to a church, synagogue or other religious institution that has played a central role in your life. Or perhaps you're passionate about helping local arts flourish.

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