Category: GRLaw General

New Year, time to get a Will, Trust or Both?

by grpllaw, posted in GRLaw General

Who should get a Will?

Most people should take the time to prepare a Will to make it easier for loved ones to inherit. A Will is a document which is witnessed and notarized and puts forth on paper the last wishes of the deceased. The Will explains who are the beneficiaries (persons inheriting), who may not inherit, who the trustee (person administering the Will) is, funeral arrangements, bank account information, property, personal affects’ and who to give them to, along with other important information the family should know about the deceased. This document is used whenever a probate is started in court and is the basis of the proceedings in order to transfer property to the beneficiaries.

Who should get a Trust?

A Trust is not for everyone, but if you own property it is a better way of transferring the property without having to open a probate upon the death of testator (person who created the Trust). A Trust like a Will has beneficiaries, a trustee to manage the trust and other similar language to a Will. The difference is a Trust is sort of like a company, it continues to live after the decedent’s death and makes the transfer of property much easier in that it does not involve the court system or the filing of a probate. A Trust also allows the decedent to control the assets for the beneficiaries even after death in providing time periods or rules for the the beneficiaries to inherit the assets of the Trust.

Should you have both, a Will and a Trust?

Yes, a Will and Trust together can be the best combination to insure a smooth transition for loved ones to inherit without the chance of infighting between the family by having a clear understanding of what the decedent wanted to happen after his or her death and an easier transfer of the assets. A Trust can also provide asset protection.

When should I prepare a Will and/or Trust?

Now, don’t wait, this is the beginning of the year, get organized and prepare your Will and Trust now so you are ready for the future.

Florida Leads the Nation in New Covid-19 Cases

by dvega007, posted in Covid-19, GRLaw General

It seems that Florida is leading the United States in new cases of Covid-19. This past Saturday and Sunday saw 3,494 and 4,049 new cases respectively; with 21,723 new cases from Sunday to Sunday, the highest in a one-week period since the Covid-19 pandemic started. Governor Ron DeSantis attributes the sudden spike in cases to more widely available tests. South Florida also holds 54% of the state’s Covid-19 related fatalities, totaling 1,725. Nationwide there have been nearly 2.3 million cases with nearly 120,000 deaths.

What precautions can i take?

The Centers for Disease Control and Prevention (CDC) recommends wearing a cloth facial covering in circumstances where social distancing is difficult to maintain such as in a grocery or a pharmacy. This is particularly important given that people may be asymptomatic (lacking any symptoms) and may be unknowingly spreading Covid-19. Please visit the CDC website for more information.

What this means for me and my business?

With all of this uncertainty and increased rate of people contracting Covid-19, you may be worried how it will affect your business which has reopened in part due to the passing of Phase 1 and Phase 2. Whether you are a landlord or hotel/motel owner who recently rented your property and is concerned they may seek a refund to a store owner who is concerned about the effects of customers not maintaining adequate social distancing; the attorneys at G&R Law are able to assist you in ensuring your business is one step closer to recovery.  G&R Law will work with you during these trying times and within your financial means to help you and your business recover from the effects of Covid-19.

Please click on the link to contact G&R Law to set up your free of charge telephonic or video appointment

Stay safe during these trying times.

David Vega, Esq.

Protests over death of George Floyd spill out into Miami and Broward

by dvega007, posted in Covid-19, GRLaw General

On May 25, 2020, Memorial Day, George Floyd died while in police custody. Office Derek Chauvin was charged with third degree murder and second degree manslaughter in his death, only after a series of protests took place in Minneapolis. Recommended sentencing guidelines are 12 1/2 years for the charge of third degree murder and 4 years for the second degree manslaughter charge. A series of protests has hence been sparked throughout the country, including major cities such as New York, D.C., Houston, Portland and even Miami.

Curfew in Effect

Saturday and Sunday saw mass protests, a blockage of I-95 and rampant looting throughout Miami-Dade and Broward County. A curfew was in effect Saturday night, May 30, 2020, commencing at 10:00 p.m. On Sunday, May 31, 2020, a curfew was in effect from 8:00 p.m. until 5:00 a.m. The curfew could likely be extended further if warranted.

EFFECT OF PROTESTS ON COVID-19 QUARANTINE

Due to the protests which occurred over the weekend; Miami-Dade County Mayor Carlos A. Gimenez issued a statement on May 21, 2020, in which he decided to postpone the opening of the beaches until the curfew order is lifted. “In addition, I will be updating the emergency order to extend the hours of the curfew from 9 p.m. to 6 a.m., effective Sunday, May 31st, until the order is lifted. Cities can have stricter rules. For instance, the City of Miami curfew begins at 8 p.m.” Apartment pools, private pools and condominium/home owner association managed pools may open June 1, 2020.

WHAT THIS MEANS FOR ME?

With all of this unrest and added uncertainty, you may be worried how it will affect your business. Whether you are a landlord or hotel/motel owner who recently rented your property to vacationers who may now be seeking a refund due to the beaches not reopening on June 1, 2020 as initially intended or whether your business was attacked and looted; the attorneys at G&R Law are able to assist you in ensuring your business is one step closer to recovery.  G&R Law will work with you during these trying times and within your financial means to help you and your business recover from the effects of any violent protesters and Covid-19.

Please click on the link to contact G&R Law and set up your free of charge telephonic or video appointment.

Stay safe during these trying times.

David Vega, Esq.

Miami-Dade County to Re-Open Today Under the New Normal Guidelines

Featured by dvega007, posted in Covid-19, GRLaw General

On May 18, 2020, Mayor Carlos A. Gimenez is set to commence reopening Miami-Dade County and allow non-essential business to re-open under new stringent guidelines. Part of this plan includes a color flag identification system designed to show the status of the continuum of the new normal.

RED: Most stringent closures; only essential businesses open; social distancing and facial covering requirements in place;

ORANGE: Parks and open spaces open; preparations taking place to reopen other sectors with strict capacity requirements in place; social distancing and facial covering requirements in place;

YELLOW: Limited opening of non-essential businesses and other facilities; strict capacity requirements in place; social distancing and facial covering requirements in place;

GREEN: More expansive opening of businesses and facilities; capacity requirements expanded; social distancing and facial covering requirements in place;

BLUE: New Normal is in place; all businesses and facilities open; social distancing and facial coverings encouraged.

Business that choose to open must follow some of the following strict requirements:

  • Facial coverings must be worn at all times when social distancing is not possible;
  • Employees must stay 6 feet away from each other;
  • Common access points such as doors, handles, light switches and elevator buttons must be sanitized;
  • Bathrooms must be sanitized every two to three hours;
  • Virtual meetings are encouraged and employees are urged to work from home if possible;
  • CDC signage on “Stop the Spread of Germs” must be posted in the workplace and employees must be trained in new operating procedures to deal with Covid-19 issues.

For a more exhaustive list of requirements and suggestions, please see The New Normal, A Guide for Residents and Commercial Establishments.

Some Concerns Moving forward under the new normal

Moving forward during these new strange and challenging times, some valid concerns are raised. For example, according to The New Normal, any business establishment which has an employee or contractor test positive for Covid-19 must close for the shorter of 14 days or the time it would take to have every employee tested and the business sanitized. Specific guidelines also exist for retail and small business. Also, staggered employee breaks, having a single point of entry and queues to pay at a cashier are strongly recommended. Merchandise that has been tried on must not be returned to shelves for 24 hours or until it has been properly sanitized.

Restaurants are also imposing special requirements to ensure that servers must maintain their masks on, social distancing markers must be placed on the ground, menus must be disposable and indoor restaurants must not operate at more than 50% capacity.

The attorneys at G&R Law are able to assist you in reviewing the new protocols of your business to ensure you are in compliance with the New Normal Guidelines.  G&R Law will work with you during these trying times and within your financial means to help you and your business recover from Covid-19.

Please click on the link to contact G&R Law and set up your free of charge telephonic or video appointment. 

Stay safe during these trying times. 

David Vega, Esq.

Florida Courts Status Update

by dvega007, posted in Covid-19, GRLaw General

Florida Courts are slowly commencing the process of reopening; however, a greater emphasis is being placed on remote hearings via Zoom rather than in-person appearances. The Supreme Court of Florida recently issued Amendment Number 1 to AOSC20-23 which addresses a series of changes.

Court matters to be heard remotely

Some of the notables changes are that all jury trials shall remain suspended now through and including July 2, 2020. As to non-jury trials and other “non-essential” matters, these will continue to be conducted remotely on a case-by-case basis as determined by the presiding judge and the chief judge of each circuit.

“After COVID-19 has determined that the following proceedings are amenable to being conducted remotely:

  1. Alternative dispute resolution proceedings;
  2. Status, case management, and pretrial conferences in all case types;
  3. Non-evidentiary and evidentiary motion hearings in all case types;
  4. Arraignments and pleas in absentia in county court misdemeanor cases;
  5. Hearings in juvenile delinquency cases;
  6. Hearings in noncriminal traffic infraction cases;
  7. Problem-solving court staffings, hearings, and wellness checks; and
  8. Non-jury trials in all case types, except for criminal, juvenile delinquency, and termination of parental rights petitions in dependency cases unless the parties in an excepted case agree to the remote conduct of a non-jury trial.”

If you have a pending case or have questions regarding a potential claim you may have, please contact the attorneys at G&R Law.

Writs of possession as to Foreclosure/eviction proceedings

The issuance of writ of possessions pursuant to Florida Rule of Civil Procedure 1.580(a) as they related to eviction and/or foreclosure proceedings remain suspended indefinitely. It is advisable if you are a tenant seeking relief on your rent payment or alternatively a landlord seeking to collect rent from your tenant(s) to attempt to communicate and reach a resolution as to a new amount which would be agreeable to both sides. If you are unable to reach a resolution, the attorneys at G&R Law are here to provide assistance.

Family Matters

As to family matters, in-person visitation of children remains suspended if the parents are unable to agree as to a safe manner in which to conduct same. However, electronic communication via video or alternatively telephone is to be conducted in lieu of in-person visitation.

If you are a parent and believe it would be in the best interest of your child to have in-person visitiation with you and it can be done in a manner which would keep both of you safe from Covid-19, the courts are allowing said visitation on a case-by-case basis. The attorneys at G&R Law can assist you in being able to safely enjoy visitation with your child.

What should i do now?

The attorneys at G&R Law are able to assist you in reviewing your leases and negotiating on your behalf with your tenants and/or landlord.  G&R Law will work with you during these trying times to make sure you are able to have visitation with your children so long as it can be done in a safe manner.

Please click on the link to contact G&R Law and set up your free of charge telephonic or video appointment. 

Stay safe during these trying times. 

David Vega, Esq.

Overdue for a Haircut or Nail Appointment?

Featured by dvega007, posted in Covid-19, GRLaw General

Are you starting to look a bit like you belong in an 80’s rock band? Are your nails looking chipped and ragged? Is your barbershop and/or salon ready to take care of the grooming needs of your community? Well you’re in luck since Governor Ron de Santis has issued Executive Order #20-120 Expanding Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery as to Palm Beach County residents.

Barbershops, Cosmetology SAlons and Cosmetology Specialty Salons

Barbershops, cosmetology salons, and cosmetology specialty salons that adopt appropriate social distancing and precautionary measures as outlined by the Department of Business and Professional Regulation at the following link may now open commencing as of 12:01 A.M. on May 11, 2020. This eases the previous restriction as per Executive Order #20-112 in which Palm Beach County barbershops and cosmetology salons were lumped in with those of Broward County and Miami-Dade County and not allowed to open.

Barbershops and salons must operate by appointment only and with at least 15 minutes between appointments so as to properly sanitize the area. Staff must also wear masks.

What this means for Broward and Miami-Dade County barbershops and salons?

While barbershops and salons in Broward and Miami-Dade County are still closed; the fact they were opened in Palm Beach likely means Broward and Miami-Dade are next. As a barbershop and/or salon owner, you should be ready to reopen your business as soon as it is allowed by government officials. The announcement by Governor de Santis as to Palm Beach County was made on May 9, 2020, with only two days notice prior to allowing for these business to reopen. You should contact employees and inform them they should be ready. Also, you should have a supply of masks, gloves, disinfectant and otherwise allow customers to feel at ease your business is serious about protecting them from the potential risks due to Covid-19.

What should I do now?

As a barbershop and/or salon owner, after making sure your business is ready to open once allowed to do so by government officials, you may wish to speak with an attorney to see which options work best for you and your new business model. 

The attorneys at G&R Law are able to assist you in reviewing your leases and negotiating on your behalf with your landlord and/or your employees.  G&R Law will work with you during these trying times and within your financial means to help you and your business recover from Covid-19.

Please click on the link to contact G&R Law and set up your free of charge telephonic or video appointment. 

Stay safe during these trying times. 

David Vega, Esq.

Florida to Partially Reopen Amidst Covid-19

Featured by dvega007, posted in Covid-19, GRLaw General

Governor Ron de Santis has issued Executive Order 20-112 which commences Phase 1 of his “Safe. Smart. Step-by-Stop Plan” to reopen the State of Florida. While the plan is light on the details, the following locations are remaining closed or reopening with restrictions:

AFFECTED BUSINESSES

  • Restaurants can reopen with 25% capacity indoors and outdoor seating will be allowed, all with social-distancing of at least 6 feet and only seating parties of 10 or few people. Bar counters shall remain closed.
  • Bars, pubs and nightclubs that derive more than 50 percent of gross revenue from the sale of alcoholic beverages shall continue to suspend the sale of alcoholic beverages for on-premises consumption.
  • Gyms and fitness centers shall remain closed.
  • Vacation rentals shall remain prohibited.
  • In-store retail centers can operate at 25% of indoor capacity, so long as they continue to abide with the safety guidelines issued by the CDC and OSHA.
  • Both outpatient and inpatient elective surgeries will restart statewide.
  • Museums and libraries can open at 25% of capacity only if their local government allows it. Interactive exhibits shall remain closed.

Enforcement

Any violation of this order shall constitute a second-degree misdemeanor pursuant to section 252.50, Florida Statutes, and is punishable by imprisonment not to exceed 60 days, a fine not to exceed $500, or both.

What should I EXPECT NOW?

As a Florida resident, employee, potential business owner and/or consumer, you are probably now considering the pros and cons of attempting to return to your regular, pre-Covid-19 life. Rest assured, whether it be interpreting a lease, negotiating with your lender for a loan modification or ensuring your business is compliant with these new and ever changing regulations due to the coronavirus, you should speak with an attorney to see which options work best for your specific situation.

The attorneys at G&R Law are able to assist you and will work with you during these trying times and within your financial means to ensure you are able to take your first steps towards recovering from the effects of Covid-19. 

Please click on the link to contact G&R Law and book your free of charge telephonic or virtual appointment. 

Stay safe during these trying times. 

David Vega, Esq.

Getting Married, Congrats! Do you need a Prenup? Yes, for these 5 reasons!!

by grpllaw, posted in GRLaw General

Div Blog 8-30-17

After she or he said “Yes”, the planning of the wedding and craziness begins.  The couple is in love and looking forward to their future together.  Couples should see marriage as a contract and that it has a business aspect to it, just like when you buy a house or a car, you sign a contract.  Most contracts contain what you can and can’t do and the consequences for breach of the contract.  Marriage contracts do not have any terms or conditions and only a prenuptial agreement can specify what happens if the parties divorce.  Most couples don’t want to think about divorce, but almost 50% of first marriages end up in divorce, flip a coin, its 50/50.  Whether you have assets, money, or something to protect or you are just starting out and have nothing, you should have a prenuptial agreement from G&R Law for these 5 reasons:

  1. Prenup will explain how everything is divided in the event of divorce or separation;
  2. Prenup saves money in legal fees in divorce as everything has been agreed to ahead of time;
  3. Prenup will specify whether someone will have to pay alimony (money paid by one party to the other for a period of time);
  4. Prenup will specify who lives in the home if the parties separate or divorce;
  5. Prenup insures a peaceful transition when the marriage does not work out, the parties may even stay friends.

If you have questions regarding the use or construction of prenuptial agreements or postnuptial agreements, please contact G&R Law, we are a law firm in Coral Gables, Florida.