Korshak and Associates, P.A. Attorneys at Law Korshak & Associates, P.A. 2026-11-05T08:35:05Z https://www.korshaklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103229/2021/02/favicon-75x75.ico On Behalf of Korshak & Associates, P.A. <![CDATA[Going to prison without a will can hurt your family most]]> https://www.korshaklaw.com/?p=53642 2026-10-30T10:33:55Z 2026-10-30T10:33:55Z You risk leaving your child’s care to the state For parents facing prison time, the greatest danger is losing your say over who raises your kids. If you report to a facility without legal guardianship designations in place, you leave your children vulnerable to sudden state intervention. Conflicting relatives or child welfare services can take over, forcing a judge who knows nothing about your household to decide where your kids live and go to school. While you are locked behind bars, your family is left fighting through traumatic, contested custody hearings on the outside.

Your household finances could freeze immediately

Prison walls cut off your access to phones, computers and everyday banking portals. If your accounts, vehicle titles or lease agreements sit solely in your name, you unintentionally lock your family out of essential funds. Your spouse or partner cannot legally cash your checks, access savings to pay rent or manage property in your name. Without a financial power of attorney, the state requires your family to petition a probate judge for conservatorship just to access your bank account. This legal process takes months and can drain thousands of dollars in court fees right when your household needs every dollar to survive.

Preserving what you have built

Serving a sentence without an updated will leaves everything you own vulnerable to state default laws. If an unexpected tragedy occurs while you are away, statutory formulas – not your personal wishes – dictate who inherits your property and family heirlooms. An unwritten estate plan invites bitter disputes among relatives, delays property transfers and leaves your dependents without financial security. Resolving these issues before your report date protects your family from that uncertainty, but generic templates rarely hold up under strict scrutiny. Working with an experienced estate planning attorney helps ensure every document complies with state law, grants the right authorities and shields your loved ones from avoidable litigation. That personalized legal foundation lets you step away knowing your family remains protected throughout your sentence.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[How Florida’s probate process handles creditor claims]]> https://www.korshaklaw.com/?p=53638 2026-10-29T16:34:36Z 2026-10-29T16:33:07Z a loved one passes away in Florida, their estate will likely need to go through probate before beneficiaries can receive assets. One critical aspect of this process involves settling legitimate debts while protecting the estate from invalid or predatory claims. It is wise for both personal representatives as well as beneficiaries to have a basic understanding of how Florida law uses the probate process to handle creditor claims to protect the estate from wrongful claims.

How does the creditor claims process work in Florida?

A great deal of burden falls on the personal representative to ensure payment of the estate’s debts before distributing assets to beneficiaries. A failure to follow the rules can result in the personal representative bearing personal liability for estate assets.  Florida law expects the personal representative to use diligent efforts to let creditors know the estate is moving through probate. This includes reaching out to reasonably ascertainable creditors and publication of a Notice to Creditors in a local newspaper. After providing notice, creditors generally have three months to submit any claim against the estate.  If creditors file claims, the personal representative has a duty to review each one. Not all debts are created equal, and executors must distinguish between valid obligations and those that should be challenged or rejected. The personal representative cannot close the estate until paying off or otherwise disposing of these claims.

What are some common examples of invalid or predatory claims?

Personal representatives may encounter many types of dubious debt claims that require careful scrutiny. Some of the more common examples include:
  • Claims filed after the statutory deadline has expired
  • Debts allegedly owed without proper documentation or proof
  • Inflated bills that exceed reasonable and customary charges
  • Claims from businesses alleging provision of services without contracts or invoices
Each of these situations requires the personal representative to investigate and potentially object to the claim in probate court.

How does the Florida probate process protect estate assets?

The personal representative's role extends beyond simply paying bills. They must actively protect beneficiaries' interests by challenging improper claims. For example, if a contractor claims the deceased owed $15,000 for home repairs but cannot produce a signed contract or detailed invoices, the personal representative should object to that claim. Even when a debt appears legitimate on its surface, executors should verify that the amount is accurate and that the estate is actually liable.

Personal representatives as gatekeepers during Florida probate

The probate process in Florida provides important protections for estates facing creditor claims. Personal representatives serve as gatekeepers, working to better ensure that only valid, properly documented and timely filed claims are paid. By understanding these responsibilities and exercising appropriate diligence, personal representatives can preserve estate assets for the rightful beneficiaries while fulfilling all legitimate obligations.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Asset searches to determine if your judgment is collectible]]> https://www.korshaklaw.com/?p=53635 2026-10-20T11:48:39Z 2026-10-20T11:47:19Z Asset searches for judgments answer that question before you invest in collection. A judgment in Casselberry, Winter Park or anywhere in the Orlando area is only as valuable as the property a creditor can reach.

How judgment collection works

A judgment is a legal debt, not a guarantee of payment. Collection depends on identifying non-exempt assets, meaning property a creditor may lawfully take. If a debtor owns nothing reachable, the judgment can sit unpaid for years. Florida Statutes Chapter 55 governs judgments and judgment liens, while Chapter 56 governs the writ of execution that directs a sheriff to seize property. Neither chapter provides any provision to help you locate assets, so that investigative work comes first.

Conducting post-judgment discovery

Florida law allows a judgment creditor to force a debtor to disclose property. Under the Florida Rules of Civil Procedure, you may take a deposition in aid of execution and serve written interrogatories on the debtor. These tools require sworn answers about bank accounts, real estate, vehicles and business interests. A debtor who gives false answers risks court penalties. Compare sworn answers with public records, because debtors sometimes omit accounts or recent transfers.

Identifying exempt versus non-exempt assets

Florida protects certain property from creditors, and some assets stay unreachable no matter how valuable they are. Florida's homestead exemption shields a primary residence, and protections for certain personal property and joint tenancies, such as property owned by spouses as tenants by the entireties, can also place assets out of reach. Non-exempt property commonly includes:
  • Bank accounts: funds held in the debtor's own name
  • Investment property: a second home, rental real estate or land
  • Business interests: ownership shares and business equipment
  • Vehicles: cars, boats and other titled property
A search should sort what it finds into these two groups. Debtors sometimes move property to relatives or new companies after a lawsuit begins, and a fraudulent transfer made to avoid a creditor can be challenged in court.

Using professional asset searches for judgments

A clear picture of a defendant's lifestyle and business interests often reveals payment paths that weren't initially visible. Investigators search public records, UCC filings and property deeds to locate hidden or transferred wealth before you spend more on legal fees. The main sources include:
  • Property deeds: Official Records in Orange or Seminole County showing real estate ownership and transfers
  • UCC filings: financing statements filed with the Florida Department of State that identify property pledged as collateral
  • Business records: corporate filings that reveal ownership and related entities
Together, these sources show whether a judgment lien can attach to real property or whether a writ of execution has a target. A search that finds little can be just as useful, because it tells you to stop spending money on a debtor who cannot pay. Collection problems often hinge on small details, like a late transfer or an unrecorded deed, and a lawyer can review those records with you before you spend more money.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[How a Parent should Prepare Their College Student for Emergency Situations]]> https://www.korshaklaw.com/?p=53611 2026-10-06T08:48:49Z 2026-10-06T08:47:48Z Testamentary Documents: Testamentary documents allow you to have access to things like your child’s medical records, bank accounts, bills, and allow you to make medical decisions and financial decisions if your child becomes incapacitated or something uncontrollable happens.

Durable Power of Attorney

A durable power of attorney, which stays in effect even after your child becomes incapacitated, allows whoever your child named to assist with financial, legal, and administrative decisions if the child is unable to do so. Parents, if named, will have the authority to access or manage bank accounts, pay bills for the child, communicate with lenders and financial institutions on the child’s behalf, handle and assist with tax filings, and make financial decisions if the child is incapacitated or unable to communicate themselves.

Designated Health Care Surrogate

If your child names you as their designated health care surrogate, you will be able to make medical decisions for your child if something happens and they are unable to make decisions for themselves. While every parent hopes they will never have to face their child having a medical emergency, not every parent is prepared for the worst. A designated health care surrogate is useful if your child suffers an accident that leaves them unconscious, an illness that makes them unable to communicate, or even just going under general anesthesia for a routine surgery.

How do I get my child to sign these papers?

As your child is legally an adult, they are the one who needs to call to schedule a consultation, and they are the one who can determine what they want and who they want representing them. It is important that you take the time to have the conversation with your child about the kinds of documents available and why it is so important they have one. As these documents are all complex legal documents that have a long term impact on the life of your child, it is important they have the documents prepared by a reputable estate planning attorney. At Korshak & Associates we have a combined over 65 years of legal experience, much of it in estate planning. We are here to help make sure your child is set up for success, and to ensure parents’ peace of mind.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Why You Need A Probate Attorney]]> https://www.korshaklaw.com/?p=53607 2026-10-06T08:44:44Z 2026-10-06T08:42:37Z What is probate? Probate is the legal process for transferring the assets of a deceased person and putting gall potential claims of creditors to rest.

But do I actually need a probate attorney?

Outside of two minor exceptions, an attorney is required by the state of Florida for most probate proceedings. The two exceptions are as follows: the personal representative is the sole interested person in the estate, or if it is a summary administration (the decedent died with an estate worth less than $150,000 after July 1st, 2026, or an estate worth less than $75,000 before July 1st, 2026). Even if the probate does apply to one of the exceptions to the requirement of an attorney, it is almost always worth it to hire an experienced probate attorney to assist throughout the probate process. Probate is complex, and personal representatives are often held personally liable for any unpaid or overpaid creditor claims, missing or misused assets, failure to properly identify and claim homestead property, and failure to inform necessary parties about the probate.

What does a probate attorney do?

An experienced probate attorney ensures that all necessary steps to properly complete the probate are followed in accordance with Florida law. By hiring an attorney, the Personal Representative gains protection from personal liability for any mistakes that may harm the estate or the beneficiaries. This includes, but is not limited to, the following: identifying, gathering, and determining the value of the assets of the estate, identifying and serving all potential heirs, notifying all potential creditors, handling valid creditor claims against the estate, filing necessary estate tax returns and tax returns for the decedent, distributing assets as necessary, identifying and claiming homestead property exemptions, and ensuring all court deadlines and procedures are met. At Korshak & Associates we have a combined over 65 years of legal experience, and work extensively in the probate courts. We have handled complex and contested probates, ancillary probates, summary administration, and probates with questionable homestead. We are here to provide expert guidance in your probate case, to honor your deceased loved ones and to protect your family.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Can a debtor hide assets to avoid a Florida judgment?]]> https://www.korshaklaw.com/?p=53605 2026-10-01T13:28:25Z 2026-10-01T13:28:25Z Winning a lawsuit does not always mean the creditor gets paid right away. A debtor may have little cash available or may refuse to pay. In some cases, a debtor might transfer property to a spouse, relative or related business. However, Florida law gives creditors ways to challenge certain transfers that appear designed to keep assets out of reach.

When does a transfer raise concerns?

Not every transfer after a lawsuit or judgment violates the law. A debtor may sell property or make other legitimate financial decisions. Still, certain facts can raise concerns about the purpose behind a transfer. Under Florida law on fraudulent transfers, courts may consider several factors when deciding whether a debtor intended to hinder, delay or defraud a creditor. These include whether the debtor transferred property to an insider, kept control of the property or concealed the transfer. Courts may also consider whether the debtor had already faced a lawsuit and whether the transfer involved most of the property the debtor owns. For example, a debtor might transfer a valuable vehicle to a sibling for little or no money after losing a lawsuit. Another debtor might move business assets to a related company but continue using them. Such circumstances may justify closer review.

When can a creditor challenge a transfer?

A creditor does not always need direct proof that a debtor admitted an intent to avoid payment. Florida law also addresses some transfers in which the debtor did not receive reasonably equal value. For example, a transfer may create legal concerns when the debtor received far less than the property's value and became insolvent as a result. If a creditor successfully challenges a transfer, a court has several options. It may undo the transfer as needed to satisfy the debt, restrict further transfers or allow the creditor to pursue the transferred property. Florida law may also allow recovery against certain people who received the asset.

How can creditors protect their rights?

Suspicious transfers can make judgment collection more complicated, especially when property moves between family members or connected businesses. Records such as deeds, bank statements and business documents may help show what happened. An attorney can help a creditor review those records and decide whether Florida law provides a way to challenge the transfer. Legal guidance can also help identify which collection options fit the facts while protecting the creditor's rights.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Keeping Florida parents safe from sudden best friends]]> https://www.korshaklaw.com/?p=53597 2026-09-01T17:09:49Z 2026-09-01T17:09:49Z When the threat wears a friendly face Undue influence doesn't always look like we expect it to. Instead of being a suspicious, opportunistic stranger, it could actually involve a helpful neighbor who starts running errands, a whirlwind romantic interest or even a sibling who recently moved back into the family home. These individuals may slowly isolate your parent while positioning themselves as the only person who truly cares. Predatory parties may then use that emotional bond to manipulate financial decisions or estate plans.

Red flags found in Florida courtrooms

Florida courts look at specific behaviors, known as the Carpenter factors, to decide if someone is exerting too much control over making or signing a will. Watch for these warning signs if a new person enters your parent's inner circle:
  • The new friend recommends their own lawyer to draft a new will
  • They are present during the discussions regarding financial changes
  • They keep the senior’s phone or mail away from other family members
  • They take charge of the "safekeeping" of important legal papers
If several of these factors exist at once, it may be time to look closer at the situation to determine if your parent is being manipulated. Florida courts may presume undue influence when a beneficiary had a close, trusted relationship with the person making the will and was active in making the will.

Taking steps to safeguard their legacy

You can take action before a new will is signed by maintaining open, private lines of communication with your parents. Encourage them to use independent legal counsel and offer to help them set up a family meeting to discuss their long-term wishes. Having these conversations early helps ensure their estate plan reflects their true intentions rather than someone else's pressure. Staying involved from a distance is challenging, but being aware of these subtle shifts in your parent's life can make it easier to spot red flags and take action before it is too late.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Can Florida businesses face aid of execution too?]]> https://www.korshaklaw.com/?p=53583 2026-07-30T09:07:17Z 2026-07-30T09:01:04Z a court enters a judgment requiring your company to pay money, you might think enforcement actions target only individuals. That is not the case. Under Florida law, a business can face aid of execution just like a person. This process can reach company assets that many owners never see coming.

What does aid of execution mean for a company?

Aid of execution is simply a set of legal steps that help a creditor find and collect assets to pay off a debt. When your business owes the money, creditors may look past a basic bank account. They may dig into your company records, contracts and daily operations to find something worth collecting.

What business assets can creditors pursue?

Florida law allows creditors to pursue several types of business property, though the company's legal structure often determines which assets they can reach. Creditors tend to look at:
  • Bank accounts and cash on hand
  • Receivables owed by customers or clients
  • Equipment, inventory or vehicles used to run the business
  • Ownership stakes in other companies
Once creditors spot these assets, they may ask a court to order you to hand over property or pay funds straight toward the judgment.

How do creditors gather financial information?

Creditors cannot just guess what your business owns. State law gives them a few tools to dig up that information. Under Florida law, creditors may initiate proceedings supplementary. This can include depositions, subpoenas for records and pulling in third parties who hold onto your business assets. Courts may also ask you to fill out a Fact Information Sheet listing your company finances. Creditors often use these tools together rather than individually:
  • Depositions where company staff answer questions about assets and operations
  • Subpoenas asking for bank, vendor or lease records
  • Fact Information Sheets listing income, property and debts
Your business still keeps the right to push back, claim exemptions and ask for protective orders along the way.

What can your business expect during the process?

Aid of execution can feel confusing, especially for small companies without a lawyer on staff. You may get formal notices, deadlines and requests for paperwork that need quick attention. Ignoring these rarely helps and could lead to more trouble in court.

How can your business protect itself through the process?

Facing aid of execution does not mean your company is out of options. Talking to a Florida attorney early may help you respond to requests the right way, protect property that qualifies for exemptions and work toward an outcome that fits your business.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Florida commercial property: The limits of ‘buyer beware’]]> https://www.korshaklaw.com/?p=53573 2026-07-09T19:42:03Z 2026-07-09T19:42:03Z The limits of "buyer beware" Commercial sellers often have no general duty to volunteer information about a property’s condition. However, Florida law provides important limits where liability can arise from misrepresentation, active concealment and other fraud-based conduct. Further, the contract can create specific disclosure and investigation rights. Even in an “as-is” sale, a seller generally cannot avoid liability for intentional misrepresentation or active concealment.
  1. Active concealment: Sellers may not take deliberate steps to hide known defects. For example, painting over a recurring mold issue, can create legal liability.
  2. Misrepresentation: If a seller makes a false statement regarding square footage, environmental contamination or zoning compliance, and the buyer is harmed, caveat emptor generally will not shield the seller.
  3. Contract-based investigation and disclosure rights: Commercial buyers must negotiate robust investigation rights, including a due diligence period for environmental and structural reviews. Buyers should negotiate inspection and access rights; once agreed to in the contract, the seller must provide the access described.
Most commercial contracts include representations and warranties buyers can negotiate. If a seller signs a contract promising that there are no known liens or structural issues, they have a legal obligation to be truthful about what the contract covers.

Honest answers about other concerns

Florida does not generally require that sellers disclose stigmatizing information about properties. They don’t have to tell buyers if there is a history of failed businesses at the property. They do not need to advise them that a previous tenant vacated under unpleasant circumstances or that there are rumors regarding future competition in the area. However, if buyers make inquiries about specific operational, zoning or environmental details, sellers have an obligation to answer honestly. Buyers should ask sellers specific questions (ideally in writing) about concerns that could affect the deal.

The importance of the commercial contract

Commercial contracts are not one-size-fits-all. Reviewing contracts and environmental reports with a skilled legal team can help commercial buyers allocate risk properly and determine whether sellers may have intentionally misrepresented a property.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[How to disown your child]]> https://www.korshaklaw.com/?p=53548 2026-06-24T08:32:11Z 2026-06-24T08:32:11Z Disowning minor and adult children Legally, you cannot simply choose to disown a child under the age of 18. Parents have a strict legal duty to provide financial support and care. The state will not let you give up your parental rights unless another adult steps forward to legally adopt the child. Once a child turns 18, the legal situation changes completely. Adult children have no legal right to your financial support. You can cut off all communication, stop funding their lifestyle and remove them from your life without any legal consequences. You do not need a court order to stop supporting an adult child.

Disinheriting children in Florida

Cutting ties is simple, but protecting your estate requires specific legal steps. If you want to ensure a child receives nothing after you pass away, you must state it clearly in your estate plan. Moreover, you cannot just leave a child's name out of your will. It is wiser to state in writing that you are intentionally leaving them nothing. If you do not, they may argue in court that your omission was a mistake. Updating your life insurance policies, retirement accounts and bank accounts is also important. These assets go directly to whoever is listed on the account, bypassing your will entirely.

Understanding your obligations and parental rights

Intense family conflict means it is essential to set healthy personal boundaries for your own well-being. However, state law is very strict about parental duties, so you cannot ignore your legal obligations if your child is still a minor. Knowing exactly where the law draws the line allows you to protect your personal space while still meeting your responsibilities.]]>