Small Business Planning FAQs

Posted by on Aug 21, 2022 in Legal News |

There’s no denying that small businesses are the backbone of America. According to the SBA, there are 31.7 million small businesses in the United States. By the end of 2022, 17 million more will be formed, something that NASDAQ expects will set a record for entrepreneurship. These new business owners likely have a lot of questions, so, in this guide, we will answer some of the most common small businesses planning FAQs in the state of Florida. 

Writing A Business Plan 

What Should This Plan Include? 

According to the SBA, it is vitally important to write down your business plan, no matter whether you’re seeking financing or not. This business plan should include your mission statement, product or service, and information about your employees, location, and leadership team. If you are seeking funding, you should include information about high-level growth plans and other financial must-knows. 

Starting A Small Business 

What Is An Overview of the Process? 

There are a lot of steps to starting a small business, but you should first conduct market research, as that will help you decide whether your idea will be successful in the environment in which you’re starting your company. Then, write your business plan, decide on funding if you’re seeking it, and pick your location.

You’ll want to choose a business structure. There are several from which to pick, and some of the most popular include: 

  • Sole Proprietorship. This uncomplicated form of business is simple, and, in Florida, you do not need to register it with the state. There is no formal paperwork required to set it up, and it is owned and operated by one person (you).
  • Partnership. In Florida, this is created when 2+ people agree to conduct business together in pursuit of a profit, even if the people do not intend to form or do not write an agreement to form this partnership. 
  • Limited Liability Company. A very common type of business structure, an LLC combines the easy administration of a partnership with the tax benefits of a corporation. In Florida, you get pass-through taxation when you form an LLC. That is one of the reasons this type of business structure is so popular in this state. 
  • Corporation. This type of business is its own legal entity, and it exists separately from the people who own and operate it. A corporation is considered its own “separate” person, as far as the law goes. 

Registering Your Small Business In Florida

For certain types of business structures, you will need to register your small business. It is advisable that you seek the counsel of an attorney to do this, as the attorney will be able to make sure it is done properly the first time, with no technicalities missed.

How Do I Incorporate a Business in Florida? 

There are several steps to incorporating a business in Florida, should you choose a structure that requires this process. First, you’ll need to select a new, unique name for your business that no one else has. Then, you should choose the type of business you want and file Articles of Incorporation with the State Department of Florida.

On those Articles, you’ll need a company name, physical address, mailing address, names and addresses of the company’s owners, and an email address. The next step will be to obtain an EIN filing (Federal Employer Identification Number). If you have an LLC and it is a single member, you may just choose to use your social security number for business transactions. 

You’ll then want to secure a business/occupational license with your county. This is required by most Florida counties in order to do business. You’ll want to check with your local tax collection office to see their requirements. One final step will be to secure a bank account for your company, as monies entering and leaving the business must go through this account. 

If these steps seem overwhelming, they don’t have to be, if you have the right legal help. Contact an attorney today to help you get through the process of starting your business. 

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Back To School, Back To Reality

Posted by on Aug 10, 2022 in Legal News |

While the summer has been fun (and a scorcher, at that), reality is slowly coming back to everyone, as the beginning of school season is, once again, approaching. This new era brings with it some estate planning considerations. The number-one thing on your mind, if you already have an estate plan, should be to ensure that it is up to date and, if necessary, revised.

A lot can change in a short period of time—we all know that. Though the rule of thumb is to edit and update your estate plan every three to five years, big changes might have occurred in far shorter a time frame than that. In this article, we’ll talk about revising your estate plan: the dos, don’ts, and must-knows. 

What Does Revising Mean In This Context? 

In the context of your estate plan, revising refers to looking over the different documents in your plan to make sure that they are still aligned with your current situation. Are the people listed in the documents still in your life? Have things change with them? In the next section, we’ll discuss the times when revision is the most necessary, though this list is not exhaustive, and there are many other changes that could occur that would make updates a must-do. 

When Do You Truly Need to Revise? 

Listed below are some major life events that require you to go back and look at your estate plan, ensuring that the plan reflects the current changes, if applicable. 


Alas, the divorce rate is pretty high, with around half of marriages saying goodbye the legal way. If you divorce your spouse, you will need to go back to your estate plan and ensure that, in the documents, your significant other is no longer listed as a beneficiary or a power of attorney. Even if you two had an amicable split, it’s best to change that role rather than leave it. 


On the reverse, getting married is a happy occasion to change your estate plan to include your new spouse. You will want them to be a beneficiary or take on important roles in the plan, so this is another occasion where meeting with your attorney would be an excellent idea. 

New Family Members

Whether you’re gaining new family members through marriage, birth, adoption, or however else, you’ll want to make sure they are included in your estate plan, if you are close to them. Don’t think to yourself that you’ll get to it “eventually”—do it now, lest something happen, leading it to be too late.  

Role Change-Ups

Almost every estate plan has roles delegated to other people, including powers of attorney, guardians, and executors. These roles are vitally important to the administration of the plan, and you want to continuously make sure that the person you’ve asked to carry out that role is still fit. 

If illness, addiction, or injury, for example, have rendered your named power of attorney incapacitated, you’ll need to remove them from that role. If you’ve divorced your spouse, but they’re still executor of your will, you’ll need to make alterations. If your proposed designees are of sound mind and still close to you, they, obviously, can stay. 

What Happens If You Ignore Your Estate Plan? 

A whole lot of conflict, that is what can happen. In addition to people being left out or included who should not be, families can challenge wills post-mortem, leading to expensive inter-family strife. For your loved ones’ sake, it is important to keep up with your estate plan. 

Hopefully, this short guide has inspired you to contact your estate planning attorney to look over your plan again. And, lest we forget, we hope you have a great start to the upcoming school year! 

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Estate Planning for Cryptocurrency

Posted by on Aug 8, 2022 in Legal News |

In this article, we will discuss estate planning for cryptocurrency. While this guide will not be the be-all-end-all to planning for this digital currency, it will cover some important fundamentals, including definitions, strategies, advantages, and disadvantages. 

What Is Cryptocurrency? 

If you’ve been following the financial headlines over the past decade or two, then you’ve probably seen information about cryptocurrency pop up. This digital currency is a medium of exchange, but it is unique because it does not rely on a bank or central authority to govern it. It is decentralized and largely unregulated. The crypto market can be volatile, but it can also be quite lucrative. It is easy to see why people who are not afraid of risk-taking invest in this digital asset. 

Advantages & Disadvantages of Cryptocurrency

As with any financial instrument, cryptocurrency has its benefits and downsides. Its “pros” include: 

  • Accessibility. Anyone can buy this liquid currency, so long as they have the funds. Some coins even allow you to purchase currency in fractions. 
  • User Anonymity. If you want, for whatever reason, to remain anonymous, the crypto blockchain allows you to do so. This anonymity is a big draw for a lot of people who value their privacy.  
  • No Central Authority. Crypto is not tied to any bank or government, and it is totally decentralized. 
  • High Return Potential. The flip side of the market’s volatility is that coins worth a few cents one day could yield hundreds, if not thousands, of dollars the next. 

But, crypto also comes with “cons” to consider, such as: 

  • High Loss Potential. There are two sides to that aforementioned volatility, and purchasers of crypto might suffer extreme losses in just a matter of moments on the market. 
  • Limited Use. When compared to cash, credit/debit card, and bank transfer, cryptocurrency is far less accepted at major vendors. 
  • No Government Regulation. While some might appreciate the lack of oversight, others are wary about crypto’s freedom from government regulations. 

Do Estate Plans Cover Crypto? 

Estate plans can cover cryptocurrency, as well they should. After all, it is an asset you own that you may want to hand down after you die. Plus, the market is constantly shifting, so who knows how much value your coins could have one day? Some people do believe crypto is the future of payment (while others, obviously, disagree). 

The nature of crypto (and NFTs, for that matter) can make it difficult to place into a traditional estate plan, though the laws are still evolving. Keeping a digital legacy, regardless, is important. This organized, updated list contains information about your digital assets, including quantity, type, passwords, keys, and information that a fiduciary would need to access your crypto. 

It is currently difficult to put your crypto assets in the name of a revocable/irrevocable trust. But, you can still include this currency in your will. It will have to pass through probate, however. The most important thing to note when it comes to this digital currency is the ability to track it. Your executor cannot execute your will if they do not have information on how to access your coins. 

Challenges In Estate Planning For Crypto

The unique nature of this currency brings with it a lot of challenges. Trustee companies tend to know little about cryptocurrency, according to Bloomberg, but estate planning attorneys are likely to be more knowledgeable. Because there isn’t much personal information associated with crypto and it requires a private key to get in, this asset must be handled differently than others. 

If you are thinking of investing or have already made investments into cryptocurrency, it is important that you talk to an estate planning attorney, if you haven’t already. You will want to protect this asset the way you do your other holdings, in order to keep it available to your heirs. 

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