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Widerman Malek Law Blog

What Is Probate and Should You Avoid It?

For many families, avoiding probate may be a worthwhile endeavor in which to invest time and money. Estate planners, wealth management advisors and attorneys have built an industry helping people bypass probate. However, there are also common misconceptions about probate and the need to avoid it. To help give you a better understanding of the […]

Three Methods of Determining Fair Market Value in Eminent Domain

The purpose of an eminent domain action is to compensate the property owner properly for the property that the government is taking for public use. It is important to understand the different ways that the property that will be taken is valued. There are three main methods that real estate appraisers customarily use to determine […]

Bankruptcy Pre-Filing Debt Discharge Decision by Bankruptcy Court: Was It Bad Faith or Good?

At what point in time does acting in bad faith cause a pre-filing bankruptcy debt to be precluded from discharge? That issue was recently addressed by the U.S. Bankruptcy Court for the Southern District of Florida. In Frost Bank v. Rivera (In re Rivera), 2020 WL 4018986 (Bankr. S.D. Fla. July 16, 2020), Judge Grossman […]

Resolving Shareholder Disputes

Unfortunately, shareholder disputes are a common part of business, but they don’t have to be debilitating to your enterprise. If you have a shareholder agreement in place, you’re already in a more positive position to resolve issues, but whether you do or not, you still may face the decision on whether to institute formal proceedings […]

Join Us for the Upcoming Webinar “Navigating Bankruptcy for Businesses”

Please join us on Thursday, September 24, 2020, for the webinar “Navigating Bankruptcy for Businesses: What Are Your Options?” co-presented by Widerman Malek and Withum. This is the second webinar in the series. There is no cost to attend this event. Event Details Navigating Bankruptcy for Businesses: What Are Your Options? Thursday, September 24, 2020 […]

What Investors Should Know Before Buying Foreclosure Properties

A foreclosure surge is coming. The recession, unemployment, continuing pandemic crisis, and end of government foreclosure moratoriums and lender forbearance plans will lead to the next housing crisis. During the previous foreclosure wave, most homes were “upside down,” as values sank below the mortgage debt and created a short sale market. This time, foreclosure properties […]

Real Estate Investors & Bankruptcy: SARE and Economic Crisis Impacts

Economy and Real Estate Market The Federal Pandemic Unemployment Compensation program expired at the end of July, which likely will cause economic impacts on housing and the real estate market. Recent statistics may be an indicator of the direct effect that federal unemployment compensation has had on the economy. The National Multifamily Housing Council reported […]

Atlas Van Lines Fights for Its Brand and Prevails in Trademark Infringement Case

Atlas Van Lines, an international transportation and logistics company, has been operating as “Atlas” since 1948. The company includes hundreds of agents across the United States and is a well-established brand throughout the country. In 2017, Atlas Van Lines discovered their registered trademarks, including “Atlas” and “Atlas Logistics,” were being used to advertise the services […]

Is Your Commercial Property Value Appraised too High by Your Local Property Appraiser?

August is approaching, and along with everything else that is currently impacting our lives, that means your local property appraiser will be mailing out proposed property taxes (TRIM Notice). Last year, I wrote an article about the process for challenging the property value appraisal of your property before the Value Adjustment Board. Last month, the […]

New Florida Law SB 1084 on Emotional Support Animals in Housing Is Effective July 1

The Florida legislature recently passed SB 1084 to create clarity and more consistent legal standards for emotional support animals (ESA) in housing. On July 1, 2020, the law went into effect. This article discusses some of the most significant aspects of the new law. People with disabilities and disability-related needs for an ESA are entitled […]

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