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Widerman Malek Law Blog

What Is the Bert Harris Private Property Protection Act?

Florida is one of the only states in the U.S. that has a statute that gives a cause of action to a property owner when the state or local government takes an action that reduces the value of a property. This occurs by interfering with an existing use or a vested right without that government […]

How to Use Seller-Financing to Generate Income From Inherited Real Estate

I previously have written about considerations for heirs inheriting real estate in Florida who want to sell the property, such as in this blog article: https://www.legalteamusa.net/strategic-default-appropriate-decision/. Now, I’ll discuss issues related to how heirs can generate income through seller-financing an estate property. Many heirs have a greater need for income than to cash in the […]

USCIS Reinstates DACA Program in Response to Court Order

The U.S. Citizenship & Immigration Services (USCIS) has reinstated the Deferred Action for Childhood Arrivals (DACA) program and resumed the acceptance of first-time applications effective December 7, 2020, in accordance with a recent U.S. District Court order. In addition, USCIS will: Accept DACA Renewal Requests; Accept applications for advance parole (travel document); Extend one-year of […]

Ensuring Your Temporary Injunction Is Not Too Temporary

Recently, the Fifth District Court of Appeal delivered a decision that will affect how parties obtain a temporary injunction from the trial court after a default judgment. In Howell et al. v. Orange Lake Country Club, Inc., the trial court granted a default judgment against the defendants after striking their pleadings. After the default judgment, […]

Joseph Biden’s Tax Proposals and Potential Financial Impacts for Taxpayers

Our Widerman Malek team is focused on explaining issues pertaining to tax, bankruptcy, wealth transfer and preservation, as well as trusts and estates in plain language. Today, the focus is on President-elect Biden’s tax proposals and the potential comprehensive changes. Given the possible impacts, we are urging our clients and friends to contact us now. […]

Holiday Schedules for Children in Shared Custody: Why a Parenting Plan Is Important and Issues to Consider

Holidays are emotional times of the year, but that’s even more so this year when COVID has already disrupted so many plans and will continue to limit family celebrations well into the New Year. It also means that separated or divorced families should come up with a solid parenting plan – i.e., a child custody […]

Small Business Reorganization Act: What It Means for Businesses in Current Economy

Timing is everything as the saying goes. It is unlikely Congress had the foresight of COVID-19 to enact legislation on August 23, 2019, with an effective date of February 19, 2020, that would make it easier for a “small business” to reorganize under Chapter 11 of the Bankruptcy Code.1 The goal of the Small Business […]

Mason Williams Named to Board of Directors of Promise in Brevard

Promise in Brevard recently named Widerman Malek attorney Mason Williams as a member of its board of directors. Established in 2009, Promise is a 501(c)(3) nonprofit organization with a mission to provide affordable, independent housing for individuals with cognitive and physical disabilities utilizing public and private partnerships to develop a model community. When announcing the […]

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

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 […]

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