The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited. In short, generally you need to pay your rent. You might win a case and get that rent returned or get something fixed, but […]
Widerman Malek Law Blog
Can I disinherit someone?
In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly. There’s a catch or two though. You can disinherit anyone to a certain degree. The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]
Beware of Attractive Nuisances Laws in Florida
On January 19, 1986, the American children’s television show, Punky Brewster, featured an episode called “Cherie Lifesaver”. During this episode, a little girl named Cherie becomes trapped in a discarded refrigerator in a game of hide and seek. She is not found until hours later, but fortunately is saved before suffocating to death. If this […]
Utility Patents vs Design Patents
For inventors who wish to patent their inventions, may times they will need to acquire both utility and design patents. What is the difference between utility patents and design patents? Design patents protect and cover the physical shape and appearance of the invention, whereas the utility patent protects the functionality of the invention. For instance, […]
The Wedding is Called Off. Who Keeps the Engagement Ring?
We all know people who have gotten engaged only to call off their engagement a few months later. Did you ever wonder what happens to the ring? Most of the times the ring is given back to the fiancé once the couple calls it quit. Proper etiquette dictates that if the couple were to call […]
Different Types of Patent Applications
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
What are the odds a case is going to trial?
Before starting my legal career, I often wondered how many civil cases actually go to trial. I knew the number was small, but how many actually end up in trial. Why is the number so small? Is it just costs? For the ones that do make it to trial, are they mostly bench trials (decided […]
What Eminent Domain Abuse Gets You
How many of you remember the Kelo vs City of New London eminent domain case? I remember it clearly. I was in shock that the work of our founding fathers and one of our own original Bill of Rights could so swiftly be taken away from us. The town of New London used eminent domain […]
What does it take to create a trust?
A trust is an animal with several different heads. In order to create a non-charitable trust, you need several different parts. Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida. Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]
