Montilla Law

10/15/2026

Own a Florida LLC or corporation? There's one less form to worry about.

The federal government no longer requires U.S. companies to file the BOI report, a form listing who owns the company. It's officially gone as of August 14, 2026.

One catch: your yearly Florida report on Sunbiz is still required. It's due between January 1 and May 1, every year.

10/13/2026

Florida just made it easier to settle a small estate.

If someone passes away and leaves $150,000 or less in Florida, the family can now use a faster, simpler court process. The old limit was $75,000.

A few smaller amounts went up too. Family can now collect up to $2,000 from the person's bank account without going to court, after waiting 6 months.

One catch: simpler doesn't mean you can skip paying debts. Anyone the person owed money to still has to be told.

10/06/2026

A will doesn't keep you out of probate. It's the instruction sheet for probate.

In Florida, the original will gets deposited with the clerk within 10 days of learning of the death. Creditors get at least 3 months after first published notice. Fees scale with the estate.

A funded revocable trust is different. Trust assets pass outside probate. You can still change it during your life. But it is not a creditor shield while you're alive.

Common mistake: signing a trust and never putting anything in it.

Send a message to learn more

10/05/2026

Since July 1, 2026, one Florida LLC can hold separate "compartments" for separate assets. Florida calls them protected series.

The basics (ss. 605.2101-605.2802, Fla. Stat.):

1. Creating a series takes the vote or consent of all members (s. 605.2201).
2. The LLC files a protected series designation through Sunbiz. $25 per series, online only.
3. The series name must start with the LLC's name and include "Protected Series," "P.S.," or "PS" (s. 605.2202).
4. Each series is a person distinct from the LLC and from the other series, and can sue and be sued in its own name (ss. 605.2103, 605.2104).
5. The LLC's annual report must list every active series (s. 605.2206).

Common mistake: sloppy records. An asset only counts as belonging to a series if the records identify it, show when and from whom it was acquired, and track any transfers within the company (s. 605.2301). If an asset doesn't meet that test, a judgment against the LLC or another series can reach it (s. 605.2404).

The liability wall is only as good as the paperwork.

Source: CS/SB 316 (2025), Ch. 2025-162, Laws of Fla.; Sunbiz Series LLC FAQ. Effective 7/1/2026.

Not legal advice, by the way.

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04/06/2026

⚠️ Are You Misclassifying Workers in Florida?

Calling your worker a contractor doesn't make them one — and the IRS can come knocking with years of back taxes, penalties, and fines! 😱

Here's what every Florida business owner needs to know:

1️⃣ Control = Employee — If you control how, when & where they work, they're likely an employee under Florida law
2️⃣ The penalties are steep — Back payroll taxes, employer F**A, unpaid unemployment insurance, and civil fines
3️⃣ Florida's economic realities test — Courts look at profit potential, investment in equipment, and whether the work is core to your business
4️⃣ A contractor agreement alone won't save you — If the day-to-day looks like employment, courts ignore the label
5️⃣ Structure it right from day one — Proper IC agreement + defined scope + independent control = real protection

🛡️ Don't risk your business on a label. Get your contractor relationships reviewed by a Florida business attorney.

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE consultation!

03/30/2026

⚠️ Why Every Florida LLC Needs an Operating Agreement

Formed your LLC but skipped the operating agreement? That's a costly mistake. 🚨

Without one:
❌ Florida's default rules apply — profits split equally even if you contributed more
❌ Ownership disputes = no proof = expensive court battles
❌ Partner wants out? No buyout process = business in legal limbo
❌ Creditors can challenge your liability shield
❌ Most Florida banks require one just to open a business account

✅ A properly drafted operating agreement protects you, your partners, AND your business.

📞 Call (407) 308-2386 or visit montillalaw.com for a FREE consultation!

03/26/2026

Florida Divorce: What You Need to Know About Property Division, Alimony, and Child Custody

Divorce is one of the most stressful legal processes a person can go through — and in Florida, it comes with its own set of rules that can significantly affect your finances, your parenting time, and your future. Whether you're just starting to consider Florida divorce or you've already been served with papers, understanding how Florida courts handle property division, alimony, and child custody can make a critical difference in how you prepare and what you fight for....

Divorce is one of the most stressful legal processes a person can go through — and in Florida, it comes with its own set of rules that can significantly