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News/Blog

Soldatich v. Jones, 290 So. 2d 497 (Fla. 4th DCA January 22, 2020)

August 6, 2020

Florida guardianship lawyers often encounter cases involving financial exploitation of the elderly or exploitation of a vulnerable adult. Attorneys receive calls from concerned friends or relatives regarding an elderly loved one being financially exploited or abused. What can you do, and how to know when you need an experienced guardianship lawyer?

Many times, cases that involve the exploitation of an elderly or vulnerable adult involve those with diagnoses of Alzheimer’s disease, dementia, or other memory or cognition-related issue….

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Reverse Mortgages May Be an Issue for Your Heirs

July 29, 2020

A reverse mortgage may initially seem to be a good way to convert home equity into immediate cash, and without the need for making monthly mortgage payments. Before considering a reverse mortgage, however, you should consider speaking with your accountant, financial advisor, and estate planning attorney to fully evaluate the tax and estate ramifications.

The amount of money that a homeowner can borrow is based on the equity in the home, the homeowner’s age, and the applicable interest rate. …

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Bill Boyes Named to 2020 Lawyers of Distinction

July 20, 2020

Partner Bill Boyes has been selected to the 2020 Lawyers of Distinction list. Lawyers of Distinction award winners represent the top 10% of attorneys in the United States and are chosen for their excellence in the practice of law through a rigorous evaluation and screening process led by the Lawyers of Distinction selection committee, which utilizes a U.S. Provisional Patent.

Bill Boyes has been Board Certified by the Florida Bar in Wills, Trusts and Estates for more than 30 years, and has been AV rated by Martindale-Hubbell for over 35 years….

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Lefkowitz v. Schwartz, — So. 3d —, 2020 WL 3115998 (Fla. 5th DCA June 12, 2020)

July 15, 2020

This recent Fifth District Court of Appeal opinion reversed the trial court’s decision to impose a constructive trust over assets that were appropriately part of the Decedent’s estate.

In 2011, during the course of Decedent’s marriage to her daughter Lauren, Arlene Schwartz (the appellee, hereafter, “Schwartz”) loaned the Decedent and Lauren $260,000 for the purchase of a condominium.  The Decedent formed an LLC to own and manage the condominium, ultimately purchased the condominium in his name and then transferred it to the LLC….

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COVID-19 Update

July 9, 2020

Effective noon today, July 9, 2020, and until further notice, Boyes, Farina & Matwiczyk will work remotely amid South Florida’s emergence as a COVID-19 epicenter.

Remote working does not impact our ability to serve your legal needs. It does protect you, our staff and visitors. All needs for in-person, in-office meetings will be addressed on a case-by-case basis.

Should you have any questions, please reach your attorney or paralegal via phone or email….

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Witnessing a Will – Florida’s Rules

June 15, 2020

The witness requirements to a will are clear and are set forth in Fla. Stat 732.502, that the testator must sign or acknowledge his signature on the will in the presence of two witnesses and that the attesting witnesses must sign the will in the presence of the testator and in the presence of each other.  The issue of “presence of a witness” as required by Fla. Stat. 732.502 is discussed in Simpson v. Williamson, 611 So….

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Probate of a Lost Will in Florida

June 8, 2020

Creating a will gives a testator the ability to ensure that his or her wishes are carried out after death, and ideally the testator will have a plan for safekeeping that original will.  This often includes having the nominated personal representative, and perhaps a trusted person or two, knowing where the original will is kept.  Unfortunately, the original will may go missing.  The testator may lose it, forget where he or she kept the original, did not understand the importance of keeping the document, or even perhaps it was inadvertently thrown away.  …

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Black Lives Matter

June 5, 2020

We support peaceful protest as the catalyst to real change.
We agree Black Lives Matter.
We reject racism and brutality in all forms.
We are better together.
We must be.

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Compliance with Settlement and Jurisdictional Considerations

May 20, 2020

The Third District Court of Appeal’s February 12, 2020 opinion in Metalonis v. Eastgroup Properties, Inc. provides jurisdictional considerations with respect to settlement of a lawsuit.

In Metalonis, appeal was taken from the trial court’s order which granted Eastgroup Properties Inc.’s emergency motion to compel compliance with the settlement agreement entered into concerning a piece of real property.  The agreement required payment by Eastgroup to Metalonis in the amount of $2.45 million, and in exchange, Metalonis would dismiss his lawsuit and the parties would exchange releases….

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Court Proceedings in Florida During the Coronavirus Pandemic

May 6, 2020

Just this week, Florida Supreme Court Chief Justice Charles Canady issued an order (AOSC20-23, Amendment 1), which suspended jury trials through July 2, 2020, and directed the courts of this state to hold hearings and other proceedings by way of video conference or telephone.  These efforts are an extension of his previous suspension of jury trials, jury selection and grand jury proceedings through May 29, 2020, in an effort to try to prevent the spread of the Coronavirus at courthouses….

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