Dickman Law FirmDickman Law Firm2026-10-16T12:21:25Zhttps://www.dickmanlawfirm.org/feed/atom/WordPress/wp-content/uploads/sites/1103846/2024/06/cropped-dickman-site-icon-32x32.jpgOn Behalf of Dickman Law Firm<![CDATA[What Is a Contractor’s Final Payment Affidavit in Florida?]]>https://www.dickmanlawfirm.org/?p=527242026-10-13T12:21:46Z2026-10-16T12:21:25ZWhat Must the Final Payment Affidavit Include?
Under Florida law, the affidavit must identify:
Each unpaid lienor’s name
What is currently owed or will become due for materials, services, or labor
The owner must generally retain final payment until receiving the affidavit. This gives the owner information about outstanding obligations before releasing the final funds.
When Must You Deliver the Affidavit?
If you seek to enforce a construction lien, you must first give the owner the affidavit. After delivery, you must wait five or more days to start an action to enforce your lien. Other deadlines also apply.
The rule can also apply if your contract ends before you finish the project. In that situation, you must provide the affidavit before bringing a lien enforcement action, even if final payment is not yet due.
Why Does the Final Payment Affidavit Matter?
Failing to provide the affidavit can prevent you from enforcing your construction lien. You must also meet other statutory deadlines to preserve your lien rights, including deadlines that apply to recording and enforcing a lien.
Addressing Final Payment and Lien Issues
This affidavit is one part of Florida’s broader construction lien process. Unpaid lienors, notice requirements, or questions about lien enforcement can affect how a final payment dispute develops. Keeping complete project and payment records can help clarify what remains outstanding.
If a dispute develops, legal guidance can help you review the affidavit, project records, and lien requirements that apply to your situation.]]>On Behalf of Dickman Law Firm<![CDATA[What Documents Are Needed to Start Probate in Florida?]]>https://www.dickmanlawfirm.org/?p=527272026-10-08T04:57:41Z2026-10-13T04:57:06ZEssential Documents Required by Florida Courts
Opening a probate estate in Florida requires both electronic filings and physical document deposits with the Clerk of the Circuit Court. Attorneys electronically file most legal petitions, but the physical original Last Will and Testament cannot be e-filed. The paper original must be physically delivered or mailed to the clerk's office. To open the estate, Florida courts require four core components:
Original last will and testament: The court requires the signed original will and any codicils. The person holding the will must deposit it with the clerk within ten days of learning that the decedent died. The will explains how assets are to be distributed and names the personal representative.
Certified death certificate: This certified copy shows when and where the decedent died. It also establishes which court has jurisdiction.
Petition for administration: This formal petition describes the decedent's background, estimates the value of the assets and asks the court to appoint the personal representative.
List of beneficiaries and heirs: This list gives the legal names, addresses and relationships of every interested person. It makes sure each person receives proper legal notice.
Together, these documents give the court what it needs to open the estate. Once the clerk processes the complete filing, the court can officially appoint the personal representative, who then begins managing estate assets.
Attorney Requirement And Role In Florida Probate
Florida probate law sets strict court deadlines and requires asset lists and complex legal notices. The personal representative must hire a Florida-licensed attorney for formal administration. The main exception is when the personal representative is the only interested person in the estate. If the estate has more than one beneficiary, a personal representative who is not a lawyer cannot act alone and must hire one. A probate attorney can review the estate, draft the required petitions and follow the local circuit court rules.]]>On Behalf of Dickman Law Firm<![CDATA[What Assets Go Through Probate in Florida?]]>https://www.dickmanlawfirm.org/?p=527182026-09-25T06:55:22Z2026-09-30T06:54:07ZCommon assets subject to Florida probate
Florida probate courts oversee assets that do not pass directly to heirs upon death. Generally, probate assets fall into the following categories:
Property owned solely by the deceased: Real estate, cars, jewelry and bank accounts owned by only one person are usually probate assets. Probate determines how to give out these assets under a will or state law.
Property owned as tenants in common: If a person owned property as a tenant in common, their share does not automatically pass to the other owners. Instead, it becomes part of the person’s probate estate.
Assets that name or default to the estate: Life insurance, retirement plans and payable-on-death bank accounts usually go straight to a named person. However, if there is no valid beneficiary designation or the estate is listed as the beneficiary, the asset becomes part of the probate estate.
Once an estate executor finds these assets, they must manage them under court care. Following state law is critical. Giving away property too early or incorrectly can cause legal trouble for the executor.
Why understanding Florida probate assets matters
Finding probate assets early shows which property needs court approval and which goes straight to heirs. Because of this, estate executors, heirs and family members often benefit from talking to a Florida probate lawyer early. A probate lawyer can review account setups and pick the right court process for the estate.
]]>by Dickman Law Firm<![CDATA[Do You Have to Pay Alimony to Your Stay-at-Home Spouse Forever?]]>https://www.dickmanlawfirm.org/?p=527152026-09-11T10:47:00Z2026-09-16T10:44:30ZWhen your non-working spouse depends on you for money, you might assume that, as the earning spouse, you have to pay support forever after a divorce. However, in Florida, permanent alimony no longer exists.
The Elimination of Permanent Alimony
On July 1, 2023, Florida passed a bill that officially removed permanent alimony. Florida judges can no longer order someone to pay alimony indefinitely. Instead, a judge may order one of these four types of support:
Durational Alimony: You pay financial support for a set period based on the length of the marriage.
Rehabilitative Alimony: You help your non-working spouse obtain education, training, or credentials needed to re-enter the workforce and become self-supporting (capped at five years).
Bridge-the-Gap Alimony: You provide short-term financial assistance to help your spouse cover immediate transition needs after separation (capped at two years).
Temporary Alimony: You pay this during active divorce proceedings to cover your spouse's basic living expenses until the judge enters a final judgment.
Before awarding alimony, a Florida judge typically considers multiple factors, including the length of the marriage, each spouse's earning capacity, and the financial circumstances of both parties.
What if the Court Issued the Judgment Before 2023?
The new law applies only to divorce cases filed or still pending on or after July 1, 2023. It does not automatically cancel older permanent alimony orders the court finalized before that date. If the court ordered you to pay permanent alimony before the law changed, you may not be able to stop those payments without a modification of your court order.
Minimizing Your Financial Liability
If you want to lower your financial obligation during a Florida divorce, you need a clear strategy. Start by collecting your current financial records, past spending habits, and other details that could impact the support amount. Consulting a family law attorney can help you build the best plan.]]>On Behalf of Dickman Law Firm<![CDATA[Can A Florida Contractor Be Liable For Defective Work?]]>https://www.dickmanlawfirm.org/?p=527082026-08-27T16:04:02Z2026-09-01T16:03:11ZWhen A Contractor May Be Responsible
A contractor may face liability when poor workmanship causes damage or when completed work fails to meet applicable construction standards. The construction contract and the nature of the defect can affect who may be responsible.
Common construction defects can include:
Roofing that allows water to enter a home
Plumbing that causes repeated leaks
Grading that directs water toward a foundation
Electrical work that creates safety hazards
Defective materials used during construction
Under Chapter 558, a property owner generally must provide written notice describing the alleged defects before filing a construction defect lawsuit. This process gives the contractor an opportunity to inspect the property and respond.
Reviewing the contract, inspection reports and photographs can help identify the defect and its possible cause. Legal assistance can also help in evaluating whether the contractor or another party may have legal responsibility.
What Happens After A Defect Appears?
A contractor may not be the only party responsible for defective work. A subcontractor, architect, engineer or material supplier may also have played a role. For example, a roof may leak because it was installed incorrectly or because the roofing materials were defective.
Keeping photos of the damage can help show what went wrong. Saving repair estimates and messages with the contractor can also provide useful records if a dispute arises.
Florida law also sets time limits for construction defect claims. Some claims have a four-year deadline. Many also have a seven-year outside limit. These deadlines can affect whether a legal claim may still be available.
When Repairs Become A Dispute
Defective construction can leave you facing costly repairs and questions about who should pay. Identifying the defect, its cause and the parties involved can help clarify whether a contractor may be legally responsible.]]>On Behalf of Dickman Law Firm<![CDATA[How Are Marital Debts Divided During a Florida Divorce?]]>https://www.dickmanlawfirm.org/?p=527032026-08-17T09:33:04Z2026-08-20T09:32:44ZHow Florida Courts Classify Marital Debt
Florida follows the principle of equitable distribution. Under Fla. Stat. § 61.075, courts identify which debts belong to the marriage and which remain the responsibility of one spouse. Marital debts generally include liabilities that either spouse incurred during the marriage, whether individually or jointly. Debts that existed before the marriage often remain separate unless the spouses combined or refinanced them together.
Factors That Affect Debt Division
A court does not always split marital debt equally. Instead, it considers what is fair based on the facts of the case. Relevant factors may include:
When the debt was incurred
The purpose of the debt
Which spouse benefited from the debt
Each spouse's financial circumstances after the divorce
Whether one spouse unnecessarily increased debt before the divorce
These factors help the court reach a balanced result based on each family's circumstances.
What Happens After the Divorce?
A divorce judgment can assign responsibility for paying specific debts between spouses. However, creditors are not bound by that judgment if both spouses signed the original agreement. A lender may still seek payment from either borrower under the loan contract. Fla. Stat. § 61.075 explains how courts allocate marital liabilities between spouses, but it does not change a creditor's contractual rights.
A fair division of debt depends on more than who made the purchases or whose name is on the account. When the debt was incurred, how it was used and each spouse's financial situation can all play a role. Understanding these rules can help people better prepare for the financial side of divorce.
Dividing marital debt involves more than deciding who pays each bill. The type of debt, when it arose and each spouse's circumstances can all influence the outcome. Learning how Florida courts approach debt division can help people make informed decisions throughout the divorce process. If questions arise about a specific situation, seeking legal guidance may help clarify available options.]]>On Behalf of Dickman Law Firm<![CDATA[Can A Repair Offer Resolve A Construction Defect Claim?]]>https://www.dickmanlawfirm.org/?p=526942026-08-13T13:08:42Z2026-08-18T13:07:41ZWhat Must A Repair Offer Include?
If you offer to repair an alleged construction defect under Chapter 558, your written response must explain the proposed remedy. A repair offer must include the following details:
Description of the repairs you propose to complete
Timetable for completing the proposed repair work
Statement explaining whether the repairs will fully remedy the alleged defect or settle the claim in part
These details define the remedy you are offering. If your proposal addresses only some of the alleged defects, the claimant may continue to pursue the unresolved parts of the claim. A repair offer can therefore resolve a dispute only to the extent that the claimant accepts its terms.
Does The Owner Have To Accept The Offer?
A property owner does not have to accept a Chapter 558 repair offer. The claimant may reject the proposal and continue with the claim after completing the required pre-suit process. Rejecting the offer does not establish that you caused the alleged construction defect.
The repair offer can still identify the remedy you proposed and the issues that remain unresolved. For example, the claimant may argue that your proposal leaves some damage unrepaired, while you may dispute whether your work caused that damage. If the parties cannot resolve those disagreements, the construction defect claim may proceed to litigation.
How Do Repair Offers Affect Defect Claims?
A repair offer can give the parties a way to address an alleged construction defect without immediately turning the dispute into litigation. It allows the contractor to identify a proposed solution and gives the property owner an opportunity to evaluate whether that solution addresses the claimed problem.
Along with the repair offer, the parties may consider the construction contract, project records, inspection findings, and other information related to the alleged defect. These materials can provide additional context about the work performed, the concerns raised, and the issues involved in the dispute.]]>On Behalf of Dickman Law Firm<![CDATA[Can You Buy a New Car While Your Divorce Is Pending in Florida?]]>https://www.dickmanlawfirm.org/?p=527002026-07-29T08:54:38Z2026-08-03T08:53:07ZDuring a divorce, individuals must exercise caution regarding significant financial expenses. Purchasing a vehicle is undoubtedly one of them. Here is the essential information required to make an informed decision.
What Hurdles Might You Face?
In most cases, Florida circuit courts issue a temporary domestic relationship order to freeze the couple’s assets and allow for basic ongoing expenses only. This usually prevents either party from making major financial decisions. Furthermore, the order may prohibit selling, transferring, or hiding both marital assets and nonmarital property. It can be challenging to bypass this restriction without written consent from your spouse or a formal court order.
Impact On Asset Division
In Florida divorces, purchasing a high-value item can introduce significant complications to the property division proceedings. The two primary risks include:
Classification as a marital asset: Since your marriage hasn’t legally ended yet, any property that you buy now may be classified as a marital asset, subjecting it to equitable distribution.
Perceived asset depletion: The purchase of high-value products or services can lead the court to perceive your expense as an intentional attempt to deplete marital assets.
Understanding these potential legal obstacles is a crucial step in evaluating your options before making a major purchase.
When Buying a Car is Necessary
While buying a car can complicate things, if it is necessary – such as needing reliable transportation to get to work or take your children to school – you might still be able to proceed. However, you have to be very careful and transparent. Thoroughly document the purchase cost, your reasoning, and the specific fund you utilized. It will be prudent of you to consult with a divorce attorney before making any financial decision.
]]>On Behalf of Dickman Law Firm<![CDATA[How Debts and Tax Obligations are Managed in Florida Probate]]>https://www.dickmanlawfirm.org/?p=526982026-07-17T10:31:20Z2026-07-22T10:30:22ZNotifying Creditors of the Estate
The personal representative must diligently locate and notify all creditors. Failing to do so exposes the representative to personal liability for breach of fiduciary duty, while properly notifying creditors protects the estate from unexpected late claims after they distribute the assets.
Paying Debts in the Right Order
Florida law sets a strict statutory order for paying claims against an estate, which is as follows:
Class 1: Expenses of administration and compensation of personal representatives and the attorneys’ fees.
Class 2: The statute limits preferred funeral expenses to $6,000, regardless of whether a guardian under Chapter 744 or the estate pays them. If expenses exceed this cap, the probate code relegates the remaining balance to Class 8.
Class 3: Debts and taxes with preference under federal law, medical aid recovery claims and claims in favor of the state for unpaid court cost, fees or fines.
Class 4: Reasonable and necessary medical and hospital expenses of the decedent’s last 60 days of the last illness, including compensation of persons attending the decedent.
Class 5: Allowance for family.
Class 6: Arrearage from court-ordered child support.
Class 7: Claims for debts incurred after the death of the decedent to continue a business, limited strictly to the extent of the assets of that business.
Class 8: All the other claims.
After paying a preceding class in full, an estate may lack the funds to completely cover the next class of creditors. In this situation, the representative must distribute any remaining funds ratably among them.
Filing the Decedent's Tax Return
The representative files the decedent's final income tax return (Form 1040) and, if applicable, the federal estate tax return (Form 706). While Florida has no state estate tax, if the estate earns income during probate, such as interest or rent, the representative must file IRS Form 1041 to report those earnings.
Closing the Estate
Once all debts and taxes have been cleared, the personal representative files a final accounting with the court along with a request for discharge. Beneficiaries will then receive their remaining inheritance, free of creditor claims. Following the proper legal procedures can help the personal representative avoid liability and bring the estate to a timely close.]]>On Behalf of Dickman Law Firm<![CDATA[When weather delays your construction project in Florida]]>https://www.dickmanlawfirm.org/?p=526842026-07-15T09:14:02Z2026-07-20T09:13:12ZWhen contract language matters
Having a force majeure clause in your construction contract acts like a safety net. It allows you to be temporarily excused when something unexpected and out of your control occurs to your current project. In Florida, this can refer to extreme weather conditions like hurricanes, tropical storms and floods.
The specific wording of your contract governs and protects your rights. Unclear contract terms are harder to defend in court and can make you responsible for events out of your control. Your force majeure clause needs to be explicit to make it easier to enforce.
What counts as an excusable delay
Not every rainy day qualifies for a schedule extension on your construction project. In Florida, courts generally consider an unforeseeable event as a valid reason for a delay. A sudden hurricane or severe storm usually grants you an extension of time.
However, a normal afternoon shower during the Florida summer is seen as an inexcusable delay. These refer to events that are reasonably expected to occur and should be factored into your original project schedule.
Best practices to take note of
When you are overseeing a construction project, you need to do your due diligence to ensure your own legal protection. In Florida, you generally have 5 to 10 days to provide written notice of a delay. Missing this deadline can cause you to lose your right to an extension.
Keeping detailed daily logs of site conditions, wind speeds and local evacuation orders can also help show that you took reasonable steps to mitigate damages. These records can also prove that you secured the site prior to the event and resumed work as soon as it was safely possible.
Protecting your bottom line
While weather delays are inevitable in Florida, legal disputes do not have to be. Clear contract terms and meticulous documentation can be your best defense when extreme weather disrupts your construction job. A lawyer can help you review your agreement terms and procedures to ensure your project remains on solid legal and financial ground.]]>