The Technicalities of Creditor Claim Deadlines in Florida Probate Estates

By Jeffrey Fauer

Creditor claims are a common source of litigation in probate estates.   Whether large or small, almost every probate estate has a creditor that files a claim.  Creditor claims are typically based on the debts of the decedent that arose prior to death, and can range anywhere from a claim by American Express for unpaid credit card bills, to a claim by a former business partner for payment of principal and interest on a multi-million dollar promissory note.

Florida Enacts Fiduciary Access to Digital Assets Act

Florida Enacts Fiduciary Access to Digital Assets Act 

For those that can’t go a day without posting a political jab on Facebook, posting a photo on Instagram, tweeting a Tweet on Twitter (sounds like a line from a Dr. Seuss book), you may have wondered what happens to those accounts when you die.  Well, for Florida residents, we have some clarity.

On March 10, 2016, Governor Scott signed into law Senate Bill No. 494 which creates Chapter 704 of the Florida Statutes entitled the “Florida Fiduciary Access to Digital Assets Act” (the “Act”).  The bill was sponsored by Sen. Hukill. 

The Act is the States’ adaptation of the Revised Uniform Fiduciary Access to Digital Assets Act and aims to provide “fiduciaries” legal authority to manage digital assets on behalf of others and provides “custodians” legal authority to interact with fiduciaries to disclose digital assets in the manner requested by “users”.

This post summarizes some of the main points of the Act.

CONSUMER AND BUSINESS ALERT – BE CAREFUL OF THE FINE PRINT EVEN IN THE MOST INNOCULOUS AGREEMENTS

By Charles M. Tatelbaum

In our day-to-day business and personal activities, we often are asked to sign service and other innocuous agreements, both on line and in hard copy with clients and customers, where little time is spent reviewing exactly what is contained in the agreement. While in most cases, the significance of the agreements may not seem important at the time, should an issue arise where a dispute has been created, the so-called “fine print” can create innumerable problems and issues.

IS THE UNITED STATES ON THE EDGS OF ANOTHER FINANCIAL DOWNTURN?

By Charles M. Tatelbaum

For those that believe that U.S. stock market indicators are not the true measure of the health of the nation’s economy, a number of recent events have pointed out the fact that while unemployment may have been stabilized, the economy in the U.S. is far from stable and healthy on an overall basis. Those of us that have dealt with the perils and pitfalls of the erratic economy since prior to the 1980 recession where the prime rate of interest rose to over 20% and inflation was rampant recognize that some of the same type of indicators are present today which could foretell severe economic problems for the near future.

A NEW CONCERN FOR CORPORATE DIRECTORS

By Charles M. Tatelbaum

A recent ruling by a judge of the US District Court for the Northern District of California has raised new concerns for directors of not only public companies, but also or private and closely held entities as well as managing members or directors of limited liability entities as to potential exposure which may be excluded from coverage by traditional directors’ and officers’ insurance policies.