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Power of Attorney Pitfalls & Pointers FAQ's

Power of Attorney Pitfalls & Pointers FAQ’s

Recently I’ve come across several “durable powers of attorney” prepared by lawyers who do not regularly practice in estate planning or elder law. In some instances, the power of attorney does not allow the agent to perform certain acts that the principal intended; in others, improper execution renders the document entirely invalid. Presumably, this is because the preparer of the power of attorney is not familiar with the major overhaul Chapter 709 of the Florida Statutes underwent in 2011.
Aubrey Dicus, Jr. Has Been Selected to the Senior Judge Review Board

Aubrey Dicus, Jr. Has Been Selected to the Senior Judge Review Board

(April 29, 2018, Saint Petersburg, Florida) Battaglia, Ross, Dicus & McQuaid, P.A. one of Tampa Bay’s oldest and prestigious law firms today announced Aubrey Dicus, Jr. has been named to the Senior Judge Review Panel for the Second District Court of Appeal, the purpose of this board is to periodically review senior judges serving on the appellate court and make recommendations as to their continued employment.
Rachel Drude to Speak at Seminar on Elder Care and Medicaid Planning

Rachel Drude to Speak at Seminar on Elder Care and Medicaid Planning

Battaglia, Dicus, Ross and McQuaid partner Rachel Drude will be speaking at two upcoming Seminars entitled “Elder Care and Medicaid Planning: Everything You Need To Know”.The first seminar is on November 6th and 7th and takes place at the SpringHill Suites Orlando Airport. You can find more information or register by clicking here: https://www.nbi-sems.com/ProductDetails/77044ER?N=0&ctname=SPKEM%2FR-77044ER%7C
We Assist With Hurricane Harvey Property Damage Claims

We Assist With Hurricane Harvey Property Damage Claims

When your property incurs damage, it’s a stressful situation. It’s common to take relief in the fact that you have purchased an insurance policy to cover your damages, should you ever need it. You may think that once you’ve submitted your claim, receiving your money to cover your losses would be a streamlined and dignified process.
Safe School Zones, Safe Students

Safe School Zones, Safe Students

It’s an exciting time in Pinellas County as the students throughout the county head back to school. With it being that time of year though, there are a lot of things that you need to keep in mind to keep everyone safe as the students head to class.
Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

Tropical Storm Emily Inundates Tampa Bay With Rain & Wind

When your property incurs damage, it’s a stressful situation. It’s common to take relief in the fact that you have purchased an insurance policy to cover your damages, should you ever need it. You may think that once you’ve submitted your claim, receiving your money to cover your losses would be a streamlined and dignified process.
Battaglia, Ross, Dicus & McQuaid, P.A. Announces New Partner Jonathon W. Douglas

Battaglia, Ross, Dicus & McQuaid, P.A. Announces New Partner Jonathon W. Douglas

Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s oldest and prestigious law firms, today announced Jonathon W. Douglas has joined their firm as a Partner effective July 10, 2017.  Mr. Douglas will focus on Plaintiff’s Bodily Injury and Property Insurance Claim cases.
Is It Time To Put Some Teeth Into The Resident Agent Statutes

Is It Time To Put Some Teeth Into The Resident Agent Statutes?

It appears that corporate and limited liability company defendants have an advantage over plaintiffs if they are willing to avoid the resident agent statutory requirements or circumvent the requirements by using multiple layers of entity resident agents that have no entity officers or employees present at the resident office.
If A Seller’s Broker Could Be Liable To Purchaser For Fraudulent Non-Disclosure In A Residential Sale, Would A Transaction Broker And/Or A Buyer’s Broker Also Be Liable

When is a Transaction Broker Liable?

The opinion of Goodman v. Rose Realty West, Inc., 193 So.3d 86 (Fla. 4th DCA 2016) indicates that a seller’s real estate agent’s knowledge of defects that materially affect the value of the property which were not readily observable and not disclosed to the buyer could make the seller’s broker for whom the agent worked liable to the buyer.
Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

During marital divorces and business divorces, people occasionally rush to change the information on the Secretary of State’s Sun Biz website without first determining whether they have the authority to do so. Sometimes, the portions of the corporate/LLC records that grant the authority to replace officers, directors, managers, or persons with authority are not reviewed for many years preceding the dispute, even though circumstances have changed since the initial granting of the authority or elections to office. While most business owners are busy running their business, trying to make a profit, dealing with the day-to-day business activities, and other various problems, there is very little time left to review corporate/LLC records. It is easy to just file the annual report without reviewing what authority one has to make the entries that appear in the report.

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