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

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Attorney Stuart FL

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.

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.

What does Arm’s Length Mean?

What is an “Arm’s Length” transaction and what does that mean?


I have had client come into my law office in Stuart, FL. and ask me what this means and how does it apply their transaction.

Quite simply an “Arm’s Length” transaction is a transaction between two unrelated/noninteractive parties.  That means there is no association between the parties which would otherwise affect the overall transaction.  Each party is acting independently with their own self-interests at heart.  Further, there is no undue pressure or duress placed on either party to behave differently.

Arm’s length transactions are important when it comes to determining fair market value for a product or service.  When a third-party is dependent upon the price reached for a product (i.e. the bank in a short sale), it is very important the transaction be free from any entanglement between the buyers and sellers.  This can include relatives, friendships, business associates, or other defined relationships.  The transactional goal is to reach an unadulterated price which is actually fair market value.

If you think you may have a problem with completing a transaction that should be otherwise “Arm’s Length,” then you most likely do have a problem.  It is easier to avoid this pitfall before getting involved than extracting yourself after the fact.

If you are looking for a Lawyer in Stuart, FL, Port St. Lucie FL, or Jupiter FL, familiar with contracts, short sales, and other transactions which may be subject to an “Arm’s Length” provision, please give my office a call.

Thank you for viewing my website and have a wonderful day.