Buying a small business can be a rewarding way to grow your investment portfolio, expand existing services, or add your personal touch to a company you already love. Before you buy, understanding the legal landscape is crucial. Purchase agreements list the sale price, define liabilities, set out how to transfer assets, assign employee obligations, and determine your long-term rights....
Business succession planning is critical to protect a company’s future and enable it to thrive after leadership steps down or dies. If succession plans are unclear, incomplete, or absent, legal problems may arise as individuals try to decide how to manage the business going forward. When the reason for the transfer is the owner’s death, disputes may occur during...
Thinking about launching your own business in the Sunshine State? Whether eyeing the bustling streets of Orlando or a beachfront community along the Gulf, Florida is full of opportunity but also legal complexity. One of the first choices you’ll need to make is a franchise vs. an independent business structure. Should you ride the wave of a nationally recognized...
Starting or growing a business takes more than passion and a good idea. It takes capital. But choosing how to raise that capital isn’t always easy. If you’re deciding between giving up a share of your company or taking on a loan, you’re not alone. Many Florida business owners wonder what the right funding approach is for their business....
When someone creates an estate plan or trust document and names an executor or trustee, they expect that person to faithfully fulfill the obligations that role demands. But what if they abuse that responsibility? Can you sue an estate’s executor for a breach of fiduciary duty? What about a trustee? Depending on the circumstances, yes, you can. Suing an...
Contesting a will in Florida is a legal process that allows interested parties—those with a potential legal interest in some part of a deceased person’s (decedent’s) estate—to challenge a will’s validity. Common reasons someone may contest a will include concerns about the decedent’s mental capacity, undue influence, fraud, or improper execution. If successful, the court may invalidate the entire...
When someone dies, and their will seems inconsistent with their known intentions, loved ones and business partners may wonder what happened. If someone manipulated the deceased person (“decedent,” or, when they left behind a will, “testator”) undue influence may have occurred. Here, we explore how to prove undue influence, showing that the decedent’s decision-making was overpowered by someone they...
When you create a logo or branding materials for a client, it’s natural to want to keep some ownership over the work—it’s your creative baby, after all. But if the design is meant to be used by the client as a trademark (which it almost always is), holding onto those rights can create complications down the line. Most business...
Probate litigation disputes can arise when someone contests the estate administration process. They can delay estate settlement, increase costs, and create lasting family conflict. For business owners, probate litigation may also affect legal control over shares or ownership interests and access to crucial business assets. Understanding the common types of probate litigation and how to resolve them can help...
Navigating the complexities of estate administration can be daunting. This is especially true when the business assets of someone who passed are in multiple states. When dealing with a probate case for an out-of-state deceased decedent? who owned property in Florida, you will likely need to be part of a Florida ancillary probate to distribute the Florida property. BrewerLong’s...