Most questions we hear fall into six groups: working with the firm, business law, real estate, cannabis and hemp, estate planning and probate. The answers below are general information about Florida law, each with a link to the page that covers the topic in depth. For advice about your situation, start with a free consultation.
These answers are general information, not legal advice for your situation. Every situation is different, which is why every matter starts with a free consultation. Jump to a topic:
- Working with the firm
- Business and corporate law
- Real estate
- Cannabis and hemp businesses
- Estate planning
- Probate
Working with the firm
Will I work directly with an attorney?
Yes. Cannady & Associates is a boutique firm, and it limits its caseload on purpose so that clients work directly with an attorney. The attorney you meet in your consultation is the attorney who stays involved in your matter, from the first conversation to the final signature or the end of a dispute. You can read more about how the firm works on our About page.
What should I bring to my first consultation?
Bring whatever documents relate to your matter. For a business question, that may be your operating agreement or bylaws, the contract in question and any letters or emails about a dispute. For real estate, bring the purchase contract, lease, deed, title paperwork or any notices you have received. For estate planning, a list of what you own, how it is titled and any existing will, trust or power of attorney is a good start. If you do not have documents, come anyway. An attorney can still explain your options. You can request a consultation online.
What are your office hours?
The firm is open Monday to Friday from 8:00 AM to 6:00 PM and Saturday from 10:00 AM to 3:00 PM. You can call (954) 707-0530 during those hours to speak with the firm or schedule a free consultation, or you can send us a message at any time and we will be in touch.
Can I meet at whichever office is most convenient for me?
Yes. The firm meets clients at three Florida offices: Fort Lauderdale at 101 NE 3rd Ave, Suite 1500; Indian Harbour Beach at 1790 Jimmy Buffett Memorial Hwy, Suite 209; and Orlando at 815 N Magnolia Ave. When you call to schedule, let us know which location suits you, and we will arrange your consultation there.
Does filling out the contact form make me a client?
No. Sending a message through our website does not create an attorney client relationship. That relationship begins only once the firm agrees to represent you. For that reason, please do not send confidential details through the form. Share a short description of your matter instead, and an attorney will follow up to discuss it with you. You can find the form on our contact page.
Business and corporate law
What should a Florida operating agreement cover?
An operating agreement is the rulebook for a limited liability company. A well drafted one usually covers who owns what share of the company, who manages it and how decisions are made, how profits and losses are shared, what happens when an owner wants to leave, dies or becomes disabled, and how disputes between owners are resolved. Filing articles of organization creates the company, but the operating agreement is what keeps the owners on the same page years later. Our corporate law page explains how we approach formation and governance.
What is a registered agent, and does my Florida company need one?
A registered agent is the person or business designated to receive legal papers and official notices on behalf of your company. Under section 605.0201 of the Florida Statutes, the articles of organization for a Florida LLC must state the name and Florida street address of the initial registered agent, along with the agent’s written acceptance. Articles of incorporation for a corporation must also name a registered agent under section 607.0202. Choosing someone reliable matters, because missed papers can mean missed deadlines. See our corporate law page for more on forming a company.
Why does a business partnership need a written agreement?
Partners usually agree on everything at the start. The trouble comes later, when one partner wants to leave, contributes less than expected or disagrees about the direction of the business. A written partnership agreement sets out each partner’s contributions, how profits are shared, how decisions are made and how a partner can exit, before those questions turn into a dispute. It is one of the most practical documents a growing business can have. Learn more on our corporate law page.
What is an influencer agreement?
An influencer agreement is a contract between a brand and a content creator or public figure. It covers every part of a campaign, from the dates and deliverables to exactly how the brand is presented on social media, along with payment, approval rights and who owns the content afterward. Clear terms protect both sides and reduce the chance of a public falling out. Our corporate law practice drafts and negotiates celebrity and influencer agreements.
What is the difference between mediation and arbitration?
In mediation, a neutral mediator helps the parties negotiate, but has no power to decide the dispute; the outcome is a settlement only if both sides agree. In arbitration, a neutral arbitrator hears the evidence and makes a decision, usually in place of a court. Many business contracts require one or both before a lawsuit can be filed, so the contract itself is the first thing to check when a dispute arises. We represent clients in business litigation, mediation and arbitration.
Should I talk to a lawyer before signing a letter of intent?
It is a good idea. A letter of intent in a merger, acquisition or investment is often described as non binding, but some of its terms, such as confidentiality or exclusivity, may be binding, and the price and structure it sets out tend to shape the final deal. Reviewing it before you sign gives you the chance to raise issues while you still have leverage. Our corporate law practice works with acquirers, sellers and acquisition targets from letter of intent to closing.
Real estate
What does a commercial lease review cover?
A commercial lease review looks beyond the rent. It covers who pays for repairs, insurance and taxes, renewal and expansion options, whether the lease can be assigned or the space sublet, what counts as a default and what happens if one occurs, and whether the tenant is asked to be personally responsible for the rent. These terms often matter more over the life of the lease than the monthly rent. Our real estate law practice reviews and negotiates commercial leases for landlords and tenants.
What is a 7 day notice in a Florida residential tenancy?
Section 83.56(2) of the Florida Statutes provides 7 day notices for lease violations other than unpaid rent. For problems a tenant can fix, such as an unauthorized pet or vehicle, the notice gives the tenant 7 days to cure the violation. For more serious conduct, such as intentional damage to the property, or a repeat of a similar violation within 12 months of a written warning, the notice terminates the tenancy and gives the tenant 7 days to move out. Unpaid rent is handled with a separate 3 day notice. See our real estate law page for how a Florida eviction works.
What is inverse condemnation?
Inverse condemnation is a claim a property owner brings when government action takes or damages private property without the government starting a formal eminent domain case. Instead of the government filing to take the property and pay for it, the owner asks the court to recognize that a taking happened and to award compensation. These claims depend heavily on the facts. Our real estate law practice represents property owners in eminent domain and inverse condemnation matters.
Can zoning stop me from using my property the way I planned?
It can. Local land use and zoning rules decide what can be built on a property and how it can be used, and a purchase does not change those rules. That is why it is wise to check zoning before buying a site for a particular purpose. If a plan runs into a restriction after you own the property, there may be ways to approach the local government involved. Learn more about land use and zoning.
What is a cloud on title?
A cloud on title is anything that casts doubt on who owns a property or whether it can be transferred free of other claims. Common examples include an old lien that was never released, a gap in the chain of ownership, a defective deed or a competing claim from someone who says they own part of the property. A cloud can stall a sale or refinancing until it is resolved, sometimes through a quiet title action in court. Our real estate law practice handles title and real estate litigation.
Cannabis and hemp businesses
How should a cannabis or hemp business structure its ownership?
There is no single answer. The right structure depends on what the business does, who the owners and investors are, how it will raise money and how the rules that apply to its activities treat ownership and control. Because federal law still treats marijuana as illegal, owners also need to think about which assets sit inside the business and which are held separately. We help clients set up and restructure companies with those issues in mind. See our cannabis law page.
What is government strategic relations for a cannabis business?
Cannabis and hemp businesses deal with government at every level, from local officials who control land use to the state agencies that oversee the medical marijuana and hemp programs. Government strategic relations means approaching those relationships thoughtfully: understanding who makes the decisions that affect your business and communicating your position clearly and appropriately when those decisions are made. Learn more on our cannabis law page.
Do local rules matter for a cannabis or hemp business in Florida?
Yes. State law sets the framework for medical marijuana and hemp, but local governments still control matters such as land use and zoning, which can decide where a business may operate. A location that works under state rules can still run into a local restriction. Checking local requirements before signing a lease or buying property is a practical first step. Our cannabis law practice advises on local, state and federal rules together.
Estate planning
Can a will be signed electronically in Florida?
Yes. Florida allows electronic wills under section 732.522 of the Florida Statutes, provided the requirements of that section are met. Whether an electronic will makes sense for you depends on your circumstances, and many people still prefer a traditional signing with witnesses and a notary. An attorney can explain both options. Learn more about how Florida wills are signed.
What is a pour over will?
A pour over will is a will that works alongside a revocable living trust. Assets titled in the trust pass without probate, but anything left outside the trust may still need to go through probate. The pour over will acts as a safety net, directing those leftover assets into the trust so they are distributed under the trust’s terms. It is commonly paired with a trust for that reason. See our page on revocable living trusts.
What is a self proving affidavit?
A self proving affidavit is a statement signed by the person making the will and the two witnesses before a notary. Under section 732.503 of the Florida Statutes, it allows the will to be admitted to probate without tracking down the witnesses, which can save a family time and effort at a difficult moment. A Florida will does not need one to be valid, but adding it is a simple step. Learn more about Florida wills.
Can my agent under a power of attorney change my trust?
Only if you specifically allow it. Under section 709.2202 of the Florida Statutes, certain powers, such as creating or changing a trust, must be separately initialed by the principal in the power of attorney. Without those initials, the agent does not have that authority. This is one reason a power of attorney should be drafted together with the rest of your estate plan. See our page on durable power of attorney.
Probate
What does a personal representative do in Florida?
A personal representative is the person who settles an estate through probate. The job generally includes gathering the assets of the person who died, publishing a notice to creditors and dealing with claims, paying valid debts and expenses, and distributing what is left to the people entitled to it. In Florida, a personal representative generally must be represented by a Florida attorney, except in limited cases. Learn more about probate administration.
What is formal administration in Florida probate?
Formal administration is the standard form of probate in Florida, in which the court appoints a personal representative to settle the estate. Florida also offers summary administration, a simpler process that is generally available when the non exempt estate is $150,000 or less (raised from $75,000 by chapter 2026-57, effective July 1, 2026) or the person died more than two years ago. Which process applies depends on the estate. Our probate page explains both.
How long do creditors have to file claims in a Florida estate?
Under section 733.702 of the Florida Statutes, creditors generally have three months from the first publication of the notice to creditors to file their claims. Publishing that notice is one of the personal representative’s early tasks, and it helps bring the estate to a close. There are exceptions, so the deadline in a particular estate is worth confirming with an attorney. Learn more about Florida probate.
