Boyes, Farina & Matwiczyk

561.694.7979

Notables

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

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COVID-19 Update

…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.

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Partner John Farina Named to Wills, Trusts & Estates Board Certification Committee

…Boyes, Farina & Matwiczyk, P.A. announced The Florida Bar has appointed Partner John Farina to its Wills, Trusts & Estates Board Certification Committee for the 2020-2021 term. His service begins July 1, 2020 and runs through June 30, 2021. The committee evaluates attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

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Witnessing a Will – Florida’s Rules

…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. 

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Probate of a Lost Will in Florida

…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. 

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Black Lives Matter

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

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. 

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Court Proceedings in Florida During the Coronavirus Pandemic

…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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COVID-19 Response

As the COVID-19 Coronavirus continues its global impact, Boyes, Farina and Matwiczyk is committed to protecting the health and safety of our attorneys and staff, as well as the continuity of business.

We are here to serve and support you during this time of uncertainty.

Our Palm Beach Gardens office remains open and available to clients between 9 AM – 5 PM EST, though some attorneys and staff may be working from off-site locations in order to minimize personal contacts as recommended by government officials and health care experts….

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Bill Boyes named to Florida Super Lawyers for 15th Consecutive Year

…Partner William (“Bill”) E. Boyes has been named to the 2020 Florida Super Lawyers in the area of Estate Planning and Probate. 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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