Am I Free from Liability Under an LLC?
One of the biggest misconceptions surrounding owning and operating a business as a Limited Liability Company is that the individual who owns the LLC is entirely insulated from personal liability. While an LLC does in fact offer protections to the individual who owns the LLC, there are several situations where the owner may find themselves […]Read Article >>
What Makes a Will Valid?
A will is an instrument which directs and distributes an individual’s property upon their passing and is an integral part to any estate plan. Therefore, it is critical that a will be executed with all of the required formalities to ensure that it is valid and enforceable upon your passing. The first step to creating […]Read Article >>
Was there Undue Influence?
A valid Last Will and Testament must be the free expression of the maker’s desire. Therefore, if a Will is obtained through undue influence, it is likely invalid. Undue influence contemplates that the testator’s mind was so controlled by persuasion, pressure, and outside influences that he or she did not act voluntarily, but was subject […]Read Article >>
The Seller of my Home Failed to Disclose Issues with the Home
Oftentimes our clients run into scenarios that involve the purchase a home, and, after closing the buyer find that representations made by the seller concerning the conditions of the property were false, misleading, or deceptive. The buyer is often in a panic, fearing that they have just made the largest purchase of their life and […]Read Article >>
What Deed is Best For Me?
A question we receive quite frequently in our office is, what is the difference between a general warranty deed, special warranty deed, and quit claim deed? The simplest answer is that each deed conveys a different scope of title assurance. The general warranty deed conveys the most title assurance and is the most commonly used […]Read Article >>
Owning A Family Business – What is Your Plan?
The attorneys at Bauer & Associates regularly assist family run businesses. One of the most common issues for owners of such businesses is to come up with a “business succession plan” – who will own and run the business in the future? Sooner or later, every owner wants or needs to retire. A complete succession […]Read Article >>
Can I keep my home outside of Probate?
By Thomas S. Hill, Esq. One of the most common questions we get here at Bauer & Associates is “How can I keep my home out of probate following my death?” One method is to use a life estate deed. To ensure a Life Estate Deed or Enhanced Life Estate Deed is right for you, […]Read Article >>
To Evict or Not To Evict?
A question I hear quite often is whether an individual is able to “evict” another individual from their property. It is important for individuals to understand that eviction is not the only process one can use to remove an individual from their property, and in some instances, suing to wrongfully evict someone can prove to […]Read Article >>
Should I Get A Survey?
Everyone purchasing real property should secure a survey prior to closing. A survey identifies the physical boundaries of the property, the location of any and all items constructed or installed on the property, and all easements, rights of way, or restrictions of record that may affect the title or use of the lands. The survey […]Read Article >>
Can I Devise My Homestead Property by Will?
As with many legal questions, the answer is that it depends. Homestead property is the primary residence of a natural person, and the Florida Constitution affords it certain protections. Amongst these are certain restraints on devise, that is, how you can give your homestead away at death.Read Article >>