Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


Twitter Feed

Randall A. Fischer

A Lawyer of Stuart, Port St. Lucie, Jupiter, Florida which is a Florida Supreme Court Certified Appellate, Circuit Civil and Family Mediator.

What is a Limited Liability Company?

What is a Limited Liability Company?

Lawyer Stuart FL, Port St. Lucie Fl, and Jupiter FL

A limited liabilty company is a vehicle through which business can be conducted without many of the statutory constraints afforded a corporation and benefits that are not available to a C corporation.  The limitation of liability associated with an LLC along with the passthrough of profits and/or losses are tremendous attributes when considering which business entity to create.

Since an LLC operates more like a partnership, it is the operating agreement that is of key importance.  The operating agreement is just that an agreement upon which the members of the limited liability company intent to conduct business.  If time is not properly spent on thoughtfully constructing this agreement prior to creating the business, then the disputes which may arise later could have dire consequences.  What happens if there is a death of the managing member?  Who controls what interest?  How are decisions made?  What is my investment?

These are just a few of the critical questions that need to be addressed in the operating agreement.  Many clients think it is just a matter of filing the LLC with the state and then when something happens there is nothing but problems and expense.  That is why it is important to consult with a Lawyer before deciding what entity to use and how to mitigate liability and taxes.  I am a Lawyer in Stuart, FL that can help.  I also have Law offices in Port St. Lucie FL and Jupiter FL, as well.

If you have any legal questions, please go to the home page, review the menus on top and on the left column, or call my law office.

What does “Due Diligence” mean?

What does “Due Diligence” mean?

Due Diligence is a standard of care a reasonable person would undertake to avoid harm, damage or liability when undertaking an action, whether it be investing in a business or, for that matter, making a career change.  It is not an absolute standard, but is an extremely important consideration when making big decisions.

When deciding whether or not to invest in or enter into a business or real estate venture, it is important to conduct due diligence to determine whether you investment is sound.  Take the time to understand the structure of the deal, the individuals involved, the assets in place or at risk, the plan or strategy of the venture, be able to isolate the risk/reward associated with the venture.  Don’t allow your investment of time, money, or effort result in sheer folly.  Find out as much as possible before you make your decision.  Do not let your ego talk you into making a bad decision.  Take your time and if there isn’t time, don’t take the deal.  You may miss-out, but at least you will not lose out.

Many opportunities may appear extremely good on the surface, but there can be many issues lurking behind the deal that are not readily apparent.  An example would be purchasing a piece of prime real estate.  Although on the surface, the property may be sound, issues regarding previous uses, building materials, subsurface anomalies, environmental issues, proximity to other environmental issues and potential impact on the subject investment, recorded and unrecorded liens, easements and encroachments, zoning and other restrictions could turn the opportunity into a nightmare.  When evaluating the overall real estate venture it would be very important to incorporate the costs associated with investigating these and any other considerations into the overall investment.  Once weighed, the investor is now in a better position to make an informed decision.  This is true for any major decision.

Due diligence is important.  Take the time to know what you are getting involved in and consult with experts.  It is important to discuss your venture with a lawyer.  A lawyer familiar with these potential pitfalls can assist you and help you avoid these potential issues before they germinate into a lawsuit after the fact.

If you live in Stuart FL, Port St. Lucie FL, or Jupiter FL, and need a lawyer, please give me a call.

Meeting of Creditors

Bankruptcy Lawyer Port St. Lucie FL

I wanted to take a brief moment to explain how I work with my Bankruptcy clients.  I am a hands-on Bankruptcy Lawyer.  Anyone filing for Bankruptcy doesn’t normally consider it a routine occurrance.  The decision to file for Bankruptcy is usually fraught with hesitation, fear, and anxiety.  I know and understand this.  I want to make sure that when you file you are properly prepared and will go over the procedure with you.  Both my paralegal and I make ourselves available to answer your questions.  Filing for Bankruptcy and finding the right bankruptcy lawyer in Port St. Lucie Fl, does not have to be difficult.  Call my office and set-up a free consultation.

Below I discuss what a 341 Meeting of the creditors is and what is done.  It can be one of the most emotionally trying events in filing for bankruptcy.  I review the process with you before you go to make sure you understand the process.  If you need a Bankruptcy Lawyer in Port St. Lucie FL, please give me a call.

The Meeting of Creditors,  Chapter 7 Bankruptcy:  Stuart, Port St. Lucie, and Jupiter Florida

When filing for a Chapter 7 Bankruptcy, there is a meeting of creditors or the 341 hearing.  The meeting of creditors meeting is administered by the trustee.  The Trustee is assigned to you case when filed.  The Trustee reviews your petition and  schedules to make sure the information is accurate, truthful and complete.  The Trustee is attempting to recover any nonexempt property which can be liquidated, if necessary, and used to repay the creditors.  This is quite an involved process.

The petition and schedules are submitted the day you sign them in my office and are submitted electronically to the U.S. Southern District Bankruptcy Court of Florida.  At that time, they are assigned a Judge, a Trustee, and a date and time for the 341 hearing.

The 341 hearing is scheduled automatically 20 to 40 days after the date of filing and the petitioner (you) must show up at the hearing and you will need to bring a means of identification and a verification of your Social Security Number.  I cannot stress this enough.  It is very important to bring your Driver’s License and Social Security card.  If you do not have a Social Security card, it would be prudent to apply for a replacement before you see me for the initial consultation.  If you do not have these documents to present, the trustee will not conduct the meeting.  I have had clients attempt to substitute other documentation other than what the Trustee will accept and have had the meeting cancelled.

As mentioned previously, the meeting of creditors is administered by the Trustee not a Judge.  In order to make sure you are on time, please arrive at least 15 minutes early.  Currently, the meetings for petitioners filing for Chapter 7 Bankruptcy from Port St. Lucie FL are held at 1515 N. Flagler Dr., Room 870, in West Palm Beach, FL.  There is free valet parking when you pull into the building.  Take the elevator to the 8th floor and room 870 is denoted by a sign that says Trustee Waiting Room.  When you get in the room there is a short questionnaire you need to fill out and bankruptcy information paperwork posted on the wall by the door that you must read (I provide you with a copy when you first come in as part of your bankruptcy paperwork package).

Each trustee has different requirements regarding what paperwork they would like updated.  We will let you know what is needed.  Generally, I bring the entire file with me to the 341 Hearing.  However, there may be some last minute paperwork you will need to provide the Trustee (Bank statements or pay stubs you did not give to us and which were not uploaded to the trustee).   We upload all supporting paperwork prior to the 341 Hearing which gives the Trustee and opportunity to thoroughly review your file prior to conducting the meeting.

There may be other creditors represented at the 341 Hearing, but, generally, this is not the case.  Usually the only person asking questions in a Chapter 7 Bankruptcy is the trustee.  I go over what is expected of you prior to the 341 Hearing.  Because this meeting/hearing is usually the only formal proceeding in which you will discuss your case with anyone, clients are always very nervous, which is okay.  It will be okay.

Depending on the Trustee, the complexity of your financial situation, and how complete and accurate your petition and schedules are, the meeting usually does not last more than 15 minutes and can be shorter.  We go over your information with you so thoroughly that when we get to the hearing it should go smoothly.  You will know what assets cannot be exempted and the status of your filing.  It still may not alliviate your angst, but at least you will know your are thoroughly prepared.

When the 341 Hearing(Meeting of Creditors) begins, the trustee will swear you in.  The trustee may have an assistant present.  Usually, the trustee will have a monitor, which will have the schedules filed with the court available for the Trustee’s review.  The Trustee will ask you many questions about your financial affairs, whether you have read and reviewed the petition and schedules prepared by your attorney and are they true and accurate, what real estate you owned or transferred recently, whether you had previously file for bankruptcy and when, when was the last time you paid creditor and how much, valuations of property, etc…There can be many issues that come up, especially if you own a business.

If there are any issues which require additional documentation or clarification, this is usually handled outside the 341 Hearing.  If there is any nonexempt property which the trustee would like to claim, arrangements can be made there or after the meeting.

There may be other issues which could arise as a result of improper documentation and some of these issues could be severe.  Therefore, it is important to be honest.  Do not lie to me or the Trustee.  Bankruptcy Fraud is no joke.

Finding the right bankruptcy lawyer in Port St. Lucie is not as difficult as you think.  I am very familiar with the market and the impact and devastation the “Great Recession” has had on our community.  I know this first hand.  I have seen my home tumble to less than half the amount we borrowed.  I want you to know I will work with you to get you through your financial crisis.  If you were looking for a bankruptcy lawyer in Port St. Lucie FL, look no further.

If you are facing a difficult financial situation and live in Stuart, Port St. Lucie, or Jupiter FL, and need a Bankruptcy Lawyer, please give my office a call to schedule a free appointment.

Is a Holographic Will Valid in Florida?

What is a Holographic Will?  Is a Holographic Will Valid in Florida?

In general, a holographic will is a handwritten will drafted and signed by the testator.  There are many stories and rumors as to the validity of holographic wills and whether they are valid in Florida.

I have received calls regarding whether or not a holographic will is valid in Florida.  The question is more interesting than one might think.  In Florida if the will is properly executed then it is not deemed a holographic will.  The validity is in the execution.  At the bottom of this posting is the statute regarding the execution of a Will in the State of Florida.

That said, what is more important is the actual language used in the will and to make sure you wishes are carried out.  It may not be so much that the will is properly executed but the confusion created by how it is written.

It is important to make sure your wishes are carried out and the legacy you leave to your family handled in a responsible manner.  I can provide you the assistance you need.  Give me a call  or fill out the contact us page and I will call you.

 

732.502 Execution of wills.—Every will must be in writing and executed as follows:

(1)(a) Testator’s signature.—

1. The testator must sign the will at the end; or

2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.

(b) Witnesses.—The testator’s:

1. Signing, or

2. Acknowledgment:

a. That he or she has previously signed the will, or

b. That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses.

(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

(5) A codicil shall be executed with the same formalities as a will.

Interference with Business Relations

Interference with Business Relations

Interfering with an existing contractual relationship is a viable cause of action.  It is available when there is an existing contractual relationship exists between the injured party, the plaintiff, and a third party and the defendant, knowing this relationship, intentionally interferes with contractual relationship inducing a breach or a termination of the relationship or expectancy from that relationship which causes harm to the plaintiff.

This is the legal definition.  To pursue this cause of action, the plaintiff must be in a position to prove each allegation to support their claim.  That means breaking down each element and demonstrating the existence of a business relationship with the third party, showing that the defendant knew of the business relationship and intended to interfere with that relationship and as a result the plaintiff was actually damaged by that interference.

On its face this would not be difficult to demonstrate, but there are many very subtle issues which can make this cause of action difficult to allege and prove.  It takes a thoughtful and thorough analysis of the surrounding facts and an application of the law to support a tortious claim of Interference with Business Relations.

If you feel you have been damaged by someone or a business that has interfered with a business relationship between you and your client/customer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call at (772)463-7737 and schedule a free consultation.  I appreciate you visit to my website and look forward to meeting you.