Author Archives: Site Administrator
When a loved one passes way, what happens to the assets titled in their name? When someone dies, they are known as a decedent. Probate is the legal proceeding in which a decedent’s assets are legally transferred to their living heirs or beneficiaries. If the decedent passed away with a will, they passed away… Read More »
Managing Partner Michelle Gilbert contributes state snapshot article, published in the American Legal and Financial Network’s (ALFN) Fall 2023 ANGLE publication. Click HERE to read Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements on pages 28-29 of the publication.
Managing Partner Michelle Gilbert authors insightful article detailing the history of trailblazing female investors who excelled despite the laws and cultural taboos of their times. Click HERE to read Female Investors, Then and Now on pages 26-29 of the American Legal and Financial Network’s (ALFN) Fall 2023 WILLed publication.
Gilbert Garcia Group Senior Litigation Attorney Joseph Dayan shares the fundamentals of foreclosure standing in Florida.
A Primer on Foreclosure Standing in Florida I. Who Has Standing to Foreclose? Per FS § 673.3011, the person entitled to enforce an instrument (“Note”) is: The “holder” of the instrument (defined by FS §671.201 (22)(a) as the person in possession of a negotiable instrument that is payable either to bearer or to an… Read More »
Gilbert Garcia Group Litigation Attorney Alexis Toro Castro successfully advocated on behalf of our client against granting of an Emergency Motion for Temporary Injunction in an evidentiary hearing. The opposing party requested an expedited hearing date on an Emergency Motion. With only 24 hours to prepare, Alexis and the team analyzed all of opposing… Read More »
There are many estate planning tools- Wills, Trusts, Enhanced Life Estate Deeds, Beneficiary Designations via certain accounts, Letters of Instructions, among others. Certain estate planning tools allow you to avoid a Probate action. Probate refers to the court process associated with the distribution of a Deceased’s property. Such process can be time-consuming and relatively… Read More »
The Commercial Law League of America (CLLA) featured an article contributed by Amy M. Kiser, Gilbert Garcia Group partner, in their recent Commercial Law World (CLW) Magazine – Annual Bankruptcy Issue. Click HERE to read The Issues With Post-Petition Fee Notices on pages 42-44 of the publication.
Picture this: You’re sipping a cool drink on your porch, soaking up the Florida sun, and feeling the gentle breeze rustle through the palm trees. Life in the Sunshine State is a dream, but have you considered what happens to your dreams when you’re no longer here to enjoy them? Welcome to the Gilbert… Read More »
In Florida, Guardianship is the legal proceeding of being appointed Guardian to exercise legal rights on behalf of someone that lacks the capacity to do so themselves. Guardianship is designed to protect individuals that cannot make their own decisions about their persons and/or property. Common examples of individuals that may need Guardianship are those… Read More »
So, you’re facing an unfortunate real estate contract dispute, have determined the opposing contract party has not met their agreed upon obligations, and are now considering moving forward with formal legal dispute resolution methods. We previously discussed the basics of disputing a purchase agreement real estate contract and understanding breach of contract in Florida…. Read More »