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Protect Business Assets in Your Estate Plan

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It is best practice for a business owner to outline their wishes in his or her Last Will and Testament. In this document, a business owner can divide their assets among beneficiaries, and name an executor to oversee the distribution of both personal and business assets. If your business happens to be a sole proprietorship, in which you are the only owner, the executor should also be given access to the business’s digital identity; namely email accounts, bank accounts, accounting information, and social media sites. As wills are a matter of public record, this information should not be included in the body of the document itself.

Power of Attorney should also be established in the estate plan, to ensure that should the owner ever become incapacitated for any reason, an individual is named who has the authority to handle the everyday affairs of the business. This ensures that all facets of a company continue to work in the absence of its owner, including asset management, paying bills, making payroll, and all other vital functions that will ensure the company’s survival in the interim.

A strong succession plan should also be included in any comprehensive estate plan for business owners. This plan should be written out formally and prepared years in advance. A succession plan lays out the transition of a business’s leadership following the exit of its owner, and a new owner is established to take the reins. This person can be a family member, long-time employee, or anyone the owner fully trusts with the continued future of their company. For more information on succession planning, check out our blog entry HERE.

If your business is a partnership, in which you and another person share ownership, it is vital to have a buy/sell agreement in place. This important document details how an owner’s stake in the company will be distributed upon his or her departure. Whether a business partner dies, retires, enters bankruptcy, or files for divorce, your business must be protected. For more information on Buy/Sell Agreements, check out our blog entry HERE.

A strong and complete estate plan is vital to ensure that your business will continue to grow and thrive without you, or that your loved ones will be taken care of following the disillusion of your business assets. The attorneys of The Orlando Law Group are at the ready to help you create a strong and comprehensive estate plan, to ensure that your wishes will be upheld. Call 407.512.4394 to schedule a consultation today! 

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How to Choose the Best Executor for Your Estate

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Estate planning is the process of creating documents that legally determine how your assets will be distributed after your death, including who inherits, who controls the distribution of your assets, and when your beneficiaries receive your assets. While most of us do not like to think about dying, we all want to care for our families when the unpleasant inevitable occurs, and estate planning allows us to do just that.

The first step estate planning is to account for all of your property, such as real estate, personal property, life insurance, bank accounts, retirement plans, securities, and business interests. Once you have an accurate picture of what is in your estate, you can easily make decisions about who should inherit your assets and how.

People often believe they do not need an estate plan because they do not think they are “wealthy” or that they have an “estate.” Everyone has an estate that needs to be planned – it is only a matter of how large it is. Creating an estate plan allows you to decide what happens to your family and your assets at your death and helps to provide you with peace of mind as to the protection of your legacy after you pass away.

One of the less talked about, but equally important aspects of creating an estate plan is making sure that you choose the right executor or personal representative for your estate. A personal representative is a person, appointed by the decedent’s Will or the court, to manage and administer the decedent’s estate and its associated assets. The personal representative may be the executor, who is the person named as such in the decedent’s Will; the successor to the executor; or an administrator appointed by the court where the decedent died without a Will naming an executor (this is referred to as intestate, or intestate succession). The terms personal representative, executor, or administrator can essentially be used interchangeably.

Generally, anyone can be an executor or personal representative, with a few major exceptions which differ by state. Florida law states that an executor must be at least 18 years old, cannot be a felon, and must be mentally and physically capable of serving (must not be determined legally incapacitated by a court).  While it is usually best practice to name someone who lives close to you, Florida law does have requirements for naming out-of-state executors. Namely, the non-resident executor must be related to you by blood, marriage, or adoption.

It is imperative that you made the right decision as to who will serve as the executor for your estate, as this person will have a significant degree of control over your assets and, in turn, your legacy after you pass away. But what are some the factors and questions you should ask yourself prior to deciding who will serve as the executor of your estate?

First, while this can be easier said than done, while making this important decision as to who should serve as your estate’s executor, you should choose someone based on their suitability for the role in a practical sense rather than based on emotional considerations or their relation to you. While many people may want to choose their son or daughter to serve as executor of your estate, this may not be the best decision based on practical concerns. For example, if you know that your son or daughter has had difficulties in the past with managing money or assets or you know that their personal wishes do not necessarily align with your personal wishes and goals for the administration of your estate, another person may be a better choice. While it can be challenging to remove your emotions from this potentially difficult decision, it is important to remember that estate planning is done for the protection of your estate, your family/friends, and your legacy, and as such, your own wishes for your estate are key. You want to pick someone that you can trust to follow your wishes and administer your estate exactly as you have directed, who will not disregard your wishes for their personal goals or benefit.

Trust is obviously a major factor in choosing an executor, and as such, many choose a family member of close friend. The most common choices for an executor often include spouses, children, or siblings. The key qualities for an effective executor include honesty, communication, and organization.  The distribution of assets can become a nightmare if handled by someone with lacking organizational or communication skills. You will also want to ensure that your choice is someone who is both personally and financially responsible. It is also a good idea to name an alternate executor, in the event your first choice does not work out or something happens to your first choice, such as death, incapacitation or major illness.

If you do not have a friend or family member with these skills, then it might be time to look outside of your circle and hire a professional. Third party executors can include banks, attorneys, and trust companies, to name a few. The Orlando Law Group provides this service, acting on your behalf after the event of your death to ensure that the burden of handling your estate is undertaken by professionals. Choosing a professional executor can also help to lessen the burden placed on your family and friends during a difficult time.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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By Jeffrey W. Smith - The Orlando Law Group

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world, nothing can be said to be certain, except for death and taxes.”
-Benjamin Franklin, Letter circa 1789.

16588404 sLooking at our calendars, almost all of us can mark our birthdays, anniversaries, and important holidays but, as much as we prefer to lock this thought back in the furthest recesses of our minds, what about the day you’re going to die? All too often people roll the dice regarding their date with the Grim Reaper and all too often people lose to the house, leaving their families to deal with the consequences. Getting your estate in order by having your Will drafted and executed is one of the most beneficial responsibilities one can enact for their family in this most grievous time of need. Planning your estate can also assist you in keeping money out of your probatable estate, leaving more for your family and protecting those funds from creditors.

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You May Not be Able to Predict the Future, But You Can Plan for It

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Often of more concern than our inevitable, unknowable date of death are the circumstances surrounding how we will die. Death often comes swiftly and unexpectedly, but can also be lengthy, drawn out, and every aspect in between. Healthcare Directives will communicate your wishes to your family when you cannot communicate those wishes yourself due to incapacitation resulting from a medical condition or injury. For example, a Living Will takes the burden of “guilt” off of a family member tasked with making a determination to remove life support as that decision will no longer be theirs. The family member tasked with that responsibility will simply be carrying out the wishes of a loved one. The Healthcare Directives package at The Orlando Law Group consists of a Living Will (not to be confused with a Last Will and Testament), Durable Power of Attorney, Healthcare Surrogate Form, and lastly the HIPAA form. The other forms in our package will assist the caretaker in carrying on the financial and healthcare responsibilities of their sick or injured loved one during this time of need.

On a final note, (and I cannot stress this enough as every month I get at least one phone call from an individual crying on the other end of the line because a loved one has unexpectedly taken ill or has been seriously injured) in order to execute ANY legal document, the signer must have legal capacity. This means that the person must be competent, aware of what document it is they are signing, and understand the legal effect that document will have on that individual.

For a Will, the testator (person the Will is for) must have the ability to recognize the natural objects of one’s bounty, recognize the nature and extent of their estate, and understand that they are executing a document to plan the disposal of their estate after they die. The problem that occurs is, often times, when a person waits until they are in a critical position with their personal health or are the victim of a serious injury; they are on powerful sedatives, pain relievers or otherwise mentally compromised. In this state of mind, the injured or sick loved one does not have the capacity to sign a legal document and we are left to let the chips fall where they may.

One of the outstanding attorneys at The Orlando Law Group can help you avoid that inevitable situation, and we would be happy to answer any questions you may have about planning your estate.

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey is a graduate of Oviedo High School and lives in Oviedo with his family.

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Top 5 Signs That You Should Consider Divorce

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Ultimately, the first step in the process is to make the decision that you want to obtain a divorce. Getting a divorce can be one of the most difficult experiences in someone’s life, and as such the decision to obtain a divorce should not be taken lightly. Know that after obtaining a divorce, your life is likely to change significantly, from the amount of financial support you have received to the time that you spend with your children. When considering your options during this difficult decision, it may be useful for you to consult with a few trusted family members or friends along with the valuable knowledge of legal counsel.

If you are thinking about obtaining a divorce, but are not sure whether such a thing is the right decision for you and your family, click the button below to read our blog and learn about some of the important signs that may help you in making your decision. While this is not an exhaustive list, and there are many other reasons why a person may want to or should obtain a divorce, these are some helpful things to consider when determining what is best for you, your children, and your loved ones.

1.       Your Needs Are Not Being Met:

We all have needs, whether physical, emotional, or spiritual. Both partners must do their part and fulfill the needs of the other. When one-half of this equation drops off, the marriage becomes one-sided. No one should be forced to give their all and receive nothing back in return. If you feel unfulfilled in every aspect of your relationship, then you owe it to yourself to find happiness elsewhere, once a divorce has been finalized.

2.       Staying Together For The Kids:

The presence of children always hurts the divorce process, and in many cases, an abusive relationship will carry on for years because one or both parents do not wish to put their children through the stress. Often times, you’ll hear someone say, “we’re staying together until the kids are out of school,” and meanwhile they’re wasting away the best years of their lives.

Children are impressionable, and they see everything. Many of the values that a child carries into adulthood are learned from the examples set forth by their parents or guardians. Seeing an unhealthy relationship degenerate before their eyes will teach kids the wrong lessons about love. Seeing abuse on a daily basis normalizes that behavior, and they may adopt such a demeanor as they grow. Sometimes, it is healthier for children to experience the divorce process than it is to grow up in an unhappy home.

3.       Trust is Gone:

Trust is the most important element of a relationship. If you cannot trust your spouse, then every element of your marriage will be tainted. No one likes to worry about who their husband or wife might be speaking with, who they’re seeing, and what they’re hiding. Having to snoop around your significant other’s phone, drawers, or social media profiles is not something anyone should ever have to do.

Many times, repentance is possible, and through time and effort, the bond of trust can be mended. But, if you have been burned multiple times, ask yourself if you can ever truly trust this person again. If the answer is no, then it’s time the begin thinking about moving on.

4.       Abuse:

Abuse can come in many forms. Physical abuse is the most commonly known, but there are also mental, verbal, and emotional abuses, all of which are unacceptable in a relationship. By accepting abuse and continuing to give your spouse what they want, you are feeding into that behavior and reinforcing it. Abuse cannot be tolerated, and if you are being abused in any way, you owe it to yourself to get out of that relationship as fast as possible.

If you are a victim of physical abuse, consider calling the National Domestic Violence hotline at 1-800-799-SAFE.

5.       Unfaithfulness:

Whether you’ve cheated or been cheated on, unfaithfulness is a huge sign that something in your relationship is broken. Many times, a partner can overlook unfaithfulness, but it often looms above the marriage like a dark cloud. If you are trying to forgive a cheating spouse, make sure that you have it in your heart to fully forgive them, or you will have a tainted relationship forever.

Also, if you are thinking about being unfaithful, that is another sign that something in the relationship is broken. Either attend counseling and try to cut off the issue before anything happens or consider filing for a divorce.

Divorce is not fun, but it can be manageable. The Orlando Law Group specializes in Family Law, and will stand beside you during this difficult time. But, before that’s possible, you must decide what’s best for you, and make this important decision. If any of these five examples of a broken relationship can be applied to yours, then it might be time to schedule a consultation.

Call 407.512.4394 to speak with an attorney today. 

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CPA’s and Attorneys Partner to Aid Your Estate Plan

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Your CPA can help you determine the value of your estate and figure out how to reduce the tax liability. For example, you can reduce the overall size of your estate by spending some of that hard-earned money beforehand. You probably have already chosen whom you want to leave your assets to after you die. If you can afford it, give some gifts now. Enjoy seeing the results and appreciation of your gifted assets.  Federal law lets you give $14,000.00 a year ($28,000.00 if you are married) to as many people as you wish tax-free.

You can also remove the value of your life insurance from your estate by transferring ownership of the policy to an Irrevocable Life Insurance Trust.  This can reduce or even eliminate estate taxes, so more of your estate can go to your loved ones. The benefits will not be included in your estate as long as you live 3 years after the transfer of the existing policy.

You can also convert stocks and investment real estate into a Charitable Remainder Trust. This is beneficial as you get an immediate charitable income tax deduction and it removes their financial value from your estate.

There are many options when it comes to estate planning.  All of which your attorney and accountant can assist you with. The best benefit is peace of mind.

 

Wanda Talley Schebel CPA, has been providing quality, personalized financial guidance to local individuals and businesses throughout Central Florida for over 25 Years. Her expertise ranges from basic tax management and accounting services to more in-depth financial planning for clients of all incomes. She has represented many clients before the IRS. Wanda has taught the IRS VITA classes and holds seminars on business management and budgeting. She is a licensed Certified Public Accountant in both Florida and Louisiana. 

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Seek Out The Positive in 2017!

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We meet with many clients during difficult periods in their lives. Whether you’re going through a divorce, facing criminal charges, being sued, or filing suit against someone else, remember that the bad stressful times are only for now. Every new tomorrow brings with it an opportunity for exciting fresh beginnings, and it’s often up to us as individuals to reach out and grab them!

And above all else, please be safe this New Year’s Eve. Make good decisions, drive carefully, and pay attention to those around you. Start 2017 off on a good foot, with a positive outlook in a safe environment.

From all of us here at the Orlando Law Group, have a safe and happy New Year. Seek out the positive in 2017!

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Top Five Reasons To Hire An Attorney

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1.       The Law is Complicated and Confusing – There is a reason why even seasoned lawyers do not represent themselves in court. When you are too close to a situation, you tend to think with your heart, and not your head. A trained, emotionally detached attorney with a strong understanding of the legal system is imperative to maintaining a cool head under pressure. Attorney’s also have knowledge of court deadlines and protocol which must be followed to the letter when filing legal documents. One late or incorrect filing could cause your entire case to crumble. Trust your attorney’s knowledge of the law. They went to four very long years of Law School to acquire it, and they know it inside and out. Foregoing the presence of a lawyer while reviewing contracts or starting a business can also lead to avoidable headaches.

2.       Attorneys Have Connections – Expert witnesses and private detectives often fill rolodexes on the desks of many lawyers. This network of contacts comes with years of experience that the average person does not have. The presence of such key professionals can help in challenging testimony or evidence by the opposing party.

3.       Experience in negotiating settlements and plea bargains – In cases of civil or criminal suits, sometimes it makes more sense to seek a settlement or plea bargain. Chances are, an experienced attorney will have seen cases similar to yours before and will be able to make a calculated guess as to how it might end at trial. These lawyers have experience in negotiating settlements and plea bargains for their clients, often saving them money and/or jail time.

4.       How Do You Plead? – We’ve all heard these words asked in courtroom shows, but your plea can be a make or break moment in your case. An attorney’s expertise and this matter is not just recommended, it is essential. Your lawyer will explain your options and help you avoid more severe penalties. Don’t gamble with your financial future and freedom!

5.       The Other Party Likely Has One – Non-attorneys representing themselves against an experienced attorney is akin to entering a boxing match with your hands tied behind your back. The playing field needs to be level. The attorneys representing your opposition will take full advantage of your lack of legal expertise to pull the rug out from under you.

Hiring a lawyer to defend you in your legal battles aids in your protection, and will benefit your case and your future at the same time!

The Orlando Law Group is ready to help defend your rights, and provide you the highest level of legal expertise and service available! Call 407.512.4394 today to schedule a consultation. 

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The Importance of Giving Thanks

Thankfulness is tied to optimism, and people who focus on what they are grateful for are often happier, less stressed, less depressed, and receive more social support. So, this Thanksgiving whether you are going through a messy divorce, fighting for your veteran disability benefits, filing for bankruptcy, or having business and real estate related woes, remember to think about the things you’re thankful for. Focus on the good, use it to make the bad more bearable and move forward with your head held high and your eyes pointed toward the future.

Happy Thanksgiving to all our friends, family and clients, from The Orlando Law Group!

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Living Trust vs. Will: Know the Differences

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Estate planning is the process of creating documents that legally determine how your assets will be distributed after your death, including who inherits, who controls the distribution of your assets, and when your beneficiaries receive your assets.

The first step estate planning is to account for all of your property, such as real estate, personal property, life insurance, bank accounts, retirement plans, securities, and business interests. Once you have an accurate picture of what is in your estate, you can easily make decisions about who should inherit your assets and how.

To create your directions for distribution to whom you want and how you want, typically you will work with an attorney to draft one of two types of documents – a Will or a Revocable Living Trust.

  • A Will, or Last Will and Testament, is the fundamental piece of any estate plan. A will functions to provide your instructions for distributing the assets you own individually or share ownership as tenants in common when you pass away. A will can also work in conjunction with a Revocable Living Trust at your death to “pour over” any assets that you did not transfer to the trust during your lifetime.
  • A Revocable Living Trust is an alternative in many ways to a will. A trust is a legal agreement where you transfer your assets to a trustee who holds title to the assets on behalf of someone else (your “beneficiary”). A beneficiary can be you, your spouse, your children, or others. A Revocable Living Trust allows you to transfer all (or part) of your assets during your lifetime into a trust to be held on behalf of your beneficiaries. You can name yourself or another person or institution to serve as Trustee, depending on who you want to manage your assets. As a revocable trust, you usually can change the terms of the trust and who the beneficiaries are at any time before you pass away.

LIVING TRUST:

What is a living trust? A trust is a formal agreement you make with a trusted person, or trustee, to convey property as directed by you. A living trust is a trust that you create during your lifetime. These documents are in effect regardless of whether or not they contain property until your death.

Perhaps the greatest asset to utilizing a living trust is the ability to avoid probate because they pass to beneficiaries under the terms of the trust and not a will. Probate is the court system in which a person’s affairs are wrapped up subsequent to their death. Probate is costly, lengthy, and unnecessary for most estates. By dividing your property in a living trust, you are able to avoid this process and future headache for your loved ones. Property can be distributed to beneficiaries after the death of the grantor without incurring any fees or court interference.

Another benefit of a living trust is that it remains private. The contents of a will become a public document. Many people choose this route to keep their affairs private.  Also, while wills can be challenged through lawsuits, it is infinitely more difficult to attack a living trust.

Unlike wills, however, a living trust requires the signature and stamp of a notary public. Also, while a will can appear in any format, property left through a living trust must be first transferred into the trust. For items such as real estate, which include title documents, retitling must occur so that the owner of the property is the trust.

WHY A WILL THEN?

You might be asking yourself, if I have a living trust, then why is creating a will even necessary? Make no mistake, wills are vital documents to include in your estate plan. First, a will is the primary estate planning document which regulates your wishes in regard to your inheritance and guardianship. A will can pass on certain rights that a trust cannot. It is only in a will that you can name legal guardians for children, as well as someone to manage any properties left to or earned by minors.

A will also gives you the right to name an executor who will be in charge of wrapping up your estate after your death. That person communicates with the court, pays your bills, and eventually distributes any property that has to first pass through probate. Living trusts do not allow for an executor, and rather names a successor trustee who will solely manage the property left through that trust.

A will also gives you the ability to leave instructions regarding how you want your debts and taxes to be paid, as well as forgive any debts owed to you. Wills are far simpler to create and require only the presence of two witnesses who will not receive anything under the will.

IN CONCLUSION:

Both a living trust and a will help the process of divvying up your estate and can each accomplish different tasks to make the entire ordeal less harrowing for your beneficiaries. However, keep in mind that a living trust and a will are not the only estate planning documents a person may need. There are several other estate planning documents which may be right for you and your goals, such as a Power of Attorney, Living Will, HIPAA Release, a property deed, and more. To create the most comprehensive estate plan which accounts for each of your wishes and goals for your estate, you should consult with an experienced estate planning attorney, who will counsel you on the best options for you and your estate.

The presence of experienced and knowledgeable attorneys is vital to the process. The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Veterans Can Trust in Skilled Attorneys to Resolve Disability Issues

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A veteran law attorney understands the process of obtaining your disability benefits and can be a guiding light to help navigate through your options. To hire or retain an attorney to assist you through this difficult time you must first have received a denial from the VA’s office. It is usually best practice to start researching local attorneys before you file, as there is a strong chance your application will be denied. This will allow you to make a quick decision and “hit the ground running” once you are legally able to acquire representation.

An attorney will file your letter of disagreement for you once the claim has been denied. This ensures that all forms will be filled out properly. Lawyers can also request a review of your claim by either your regional VA office or the Board of Veterans Appeals. Another key service an attorney can provide in the field of veteran law is to challenge the disability rating given to you by the VA.

This service extends beyond your benefits. An attorney will continue to fight for the disability rights of your spouse and dependents as well.

Allied with a skilled attorney in the field of veteran law, you and your loved ones will rest easy knowing that your service will not go unrecognized. The Orlando Law Group takes great pride in working with disabled veterans to ensure that they are properly taken care of at the end of their military careers. For more information, please call The Orlando Law Group at 407.512.4394.

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An Immigration Lawyer Can Help Make You a US Citizen

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One of the most important steps you need to take in your quest for permanent residency is acquiring legal employment in the United States. An immigration lawyer can help you navigate the mountains of paperwork necessary to do so.

It’s not all paperwork, though. A good immigration lawyer will act as a teacher or guide, explaining all of your options. Whether its regarding citizenship through marriage, obtaining a job legally, or the costs associated with filing for a green card, your attorney will act as a wellspring of knowledge which will give you peace of mind in this important time in your life.

Permanent resident law is vital to your continued immigration efforts. There are certain laws you must abide by to receive a green card, or hold onto one that you already have. Knowledge of these laws are vital as deportation could occur should they be broken. An important duty of an immigration lawyer is to inform you of such laws.

The greatest benefit in hiring an immigration lawyer comes in the end result: US Citizenship! The attorneys of The Orlando Law Group stand at the ready, prepared to aid you in your important journey. We look forward to being the first to congratulate you as a citizen of the United States! Call us at 407.512.4394 and speak to an immigration attorney today!

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“Why Should I Hire An Attorney For My Business?”

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Here are just a few of the important services offered by a business law firm:

Entity Formation: The most important step in creating a new business is the actual legal creation of that business. Whether you’re starting a Limited Liability Company, a Corporation, or a non-profit organization, there are a number of legal hoops that could easily trip up a business owner who is not savvy in such matters. The presence of an attorney aids in this process by providing your business with an experienced guiding hand who will ensure that all paperwork is properly filled out, all steps are taken, and that all aspects of your entity are legally protected.

Business Strategy: Once you’re off the ground, an attorney can help with your company’s overall strategy, providing advice and support in regard to the creation and implementation of debt and/or equity financing strategies, organizational structure and risk management, joint ventures, licensing arrangements, tax planning and more! A lawyer is a close confidant who can approach the issues that affect your company with an outside perspective.

Contract Negotiation: In business, it is often said that “you don’t get what you deserve, you get what you negotiate.” An attorney can examine all contracts and agreements set before you, and represent your company during negotiations to ensure the best possible arrangement is agreed upon, with respect to your wishes. Having an experienced guiding legal hand at the wheel in the midst of a contract negotiation grants you an added advantage and a layer of protection as you work towards strengthening your business.

Succession Planning: An attorney is a vital asset during the creation of your company, and so too shall they be at the end of the road. When the time to retire finally arrives, a business law firm will ensure a smooth transitional period as you phase out of day-to-day operations and pass along those responsibilities to a worthy successor.

Listed here are just a few of the many important facets of business law which The Orlando Law Group specializes in. Other services include: entity advisory and guidance, mergers and acquisitions, buy/sell agreements, business sales, estate planning for business owners, and policy reviews.

If you are looking for a dedicated, knowledgeable, friendly legal team to guide and advise your business, call The Orlando Law Group today at 407.512.4394! 

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Steps for Successful Business Succession Planning

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1.       Choose a worthy successor: Do you plan on leaving your company in the hands of a family member? Perhaps a long-time staff member? Either way, choosing the person to fill your own shoes can be a daunting task. It’s best for the business itself, to choose someone based on merit alone. If your oldest child has the perfect skill set, that’s wonderful. But for the sake of the business, it’s best to stay objective and ensure that the choice you make is the most qualified. It is generally accepted best practice to begin planning for succession up to fifteen years before you intend on retiring. This gives you ample time to test the waters, find your successor, and groom them to take over. 

2.       Implement a Training Plan: What are the critical functions of your company? It’s best to formally lay these out and familiarize your successor with the vital role they will be playing. Teach them to see the company through your eyes, to view it in a different light. Give them opportunities to take charge, and let them develop a managerial style which they can implement once it’s their turn at bat.

3.       Stick to a Time Table: It’s important to create a detailed timeline in order acclimate your successor to their new role, and begin to phase yourself out. The transfer of responsibility should be gradual, and allow for your successor to acclimate slowly.

4.       Develop a Retirement Plan: You need to think about your retirement, and ensure that your transition out of the workforce and into a well-deserved life of relaxation will go off without a hitch. To this end, plan out your life post-career. Where will you go? What will you do? Will you begin another business venture, or just enjoy a leisurely retirement? As your successor takes on more responsibilities, take the opportunity to ponder these important questions.

5.       Install Your Successor: Before you walk out of your office door one final time, you must ensure that your successor has been fully installed with the tools he or she needs to achieve success. Be that guiding hand, but also know when it’s time to let go, and allow your successor to succeed or fail on their own.

As stated above, succession planning is a complicated process, and can be often times confusing and frustrating. The Orlando Law Group specializes in aiding our clients in not only starting their businesses but laying out a well thought out plan of succession. Call The Orlando Law Group at 407.512.4394 and schedule a consultation today! 

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What Is A Buy/Sell Agreement?

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Also known as a “business will” or even a “business pre-nup”, a buy/sell agreement defines what is and is not allowed to transpire should a business partner, through either voluntary or involuntary circumstances, give up their share of the company. Does a partner’s interest pass onto their spouse or heirs upon their death? In the event of a divorce, does a business owner’s former spouse have a claim on their share? To whom can a partner sell their ownership? These are some of the questions that a buy/sell agreement answers.

Eventualities covered under the umbrella of a buy/sell agreement can be tailored specifically to meet a business’s needs. Many agreements cover circumstances including death, disability, retirement, divorce, and voluntary or involuntary transfers including sales or bankruptcy. It addresses situations in which an owner might sell their interest by discussing how they can sell, when they can sell, who they can sell it to and how much can they sell it for? This protects the business against being sold to an unwanted entity.

Partners can also place in the agreement a clause in which a co-owner must offer to sell their interest back to their partner or partners before offering it to an outside party. The benefits of a buy/sell agreement are self-explanatory; ventures can fail, personal tragedies can occur, and partnerships can dissolve.

Buy/sell agreements should be an early staple of any new company that will be sharing ownership. It is strongly recommended to have an attorney draft the agreement close to the inception of a business. The Orlando Law group specializes in the creation and implementation of these vital agreements, and our team of dedicated experts will walk you through every step of the process to ensure that your business is protected.

For more information, call The Orlando Law Group at 407.512.4394. Be prepared. Think ahead. Defend your business against future threats before they materialize.

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Do you have a great new idea that you’d like to see turn a profit? Are you looking to turn your hobby into income? Are you a whiz online and think you can make a buck designing iPhone apps? Whether your idea is big or small, simple or complex, virtual or brick-and-mortar, taking the step to become an entrepreneur and start your own business is a big one.

Armed with your idea and your business plan, the next step is answering one important question: How should I legally structure my business? In most instances, you will probably have to choose between a limited liability company (LLC), a partnership, a corporation, or a sole proprietorship.
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“How Should I Legally Structure My Business?”

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The legal and financial ramifications of this decision are significant. Plus, you really can’t move forward and take important steps such as registering your name or getting your tax ID number until you’ve answered this critical question.

We must note that circumstances vary among individuals and individual businesses. Determining which of these structures is right for your business is dependent on the type of business you want to run, how many owners it has, and its financial situation. No one choice suits every business. Business owners must pick the structure that best meets their needs.

The most important factors for you to consider will include:

·        the potential risks and liabilities for your business;

·        the formalities and expenses involved in establishing and maintaining the various business structures;

·        your income tax situation; and

·        your investment needs.

Here is a brief explanation of the main options that are available:

·        Sole proprietorships are the simplest of the legal structures, but they also lack many of the legal and financial protections of other business forms. Sole proprietors have the advantage of being their own boss, but also shoulder the burden of being solely responsible for the business’s success or failure.
·        Partnerships are the simplest type of legal structure to form for businesses with two or more principals. The potential downside is that while partnerships have no formal paperwork requirements, they usually don’t protect partners from liability. Partnerships can be tricky if there is disagreement over work ethic, goals, or roles in business and leadership styles.
·        A limited liability company (LLC) is a business structure that has features similar to both corporations and partnerships. LLCs protect the owner(s) from certain liabilities, including business debts, while the legal structure allows for a flexible management arrangement.
·        Corporations are limited liability partnerships that are separate and distinct from their owners. In a corporate business structure, shareholders have the right to participate in profits, but are not held personally/financially liable for the company’s debts.

Still uncertain? No worries! Business structures can change over time. Often, businesses that start out as sole proprietorships or partnerships grow, shifting to LLCs and corporations. If your business needs and plans change, your business structure can most likely change with them. The Orlando Law Group has a team of knowledgeable dedicated attorneys on hand who can answer any questions regarding this important topic, and give you further in depth information. Call 407.512.4394 and let our team guide your process.  

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Retirement Accounts and Divorce Who Gets Custody?

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As with most financial accounts, retirement accounts afford the participant (person contributing to the account/account holder) the opportunity to place beneficiaries on the account in the event the participant becomes deceased prior to extinguishing the funds in the account. A common question often in the mind of the participant is, “What will happen to my retirement account if I get divorced?” In Florida, the income of the husband and wife is considered to be marital property, as well as the benefits received therefrom. Funding a retirement account using funds from your income (paycheck or individual deposit) could designate all, or at least a portion of your retirement account as marital property. The problem with dividing up a retirement account as part of a divorce proceeding is that both the Employee Retirement Income Security Act (ERISA) and the IRS prohibit retirement plan participants from assigning their interests in their plan to anyone absent a Qualified Domestic Relations Order (QDRO).

QDRO is a court order that creates a right in the “alternate payee” (former spouse) to receive a portion of the benefits that would be payable to the participant (other former spouse) in accordance with that specific retirement plan’s rules. In reality the way this works is either by agreement between the parties or by order of the court, the alternate payee will be designated a portion of the other spouse’s retirement plan expressed either as a specific dollar amount or as a percentage of the marital portion of the account balance as of a valuation date. If the participant began contributing to the plan after the parties were married, the valuation date is usually the date of the filing of the petition for dissolution of marriage or any other date as agreed to by the parties or ordered by the court. If the participant was contributing to the plan before the parties were married then the valuation of the account is usually determined as the value of the plan on the valuation date minus the value of the plan on the date of marriage. After the dollar amount or percentage is determined and final judgment has been entered by the court a proposed QDRO will need to be drafted. The first step in drafting a QDRO is for the attorney or draftsperson to contact the Plan Administrator (PA) for a sample QDRO specific to your plan. Depending on the response time from the PA your order could be draft in a little as a day or two or in as much as two to three weeks. After the proposed QDRO has been drafted the attorney will then send the proposed QDRO to the PA for review. This process usually takes about 30 days. Upon receipt from the PA that the proposed QDRO complies with the plan rules it is sent to a Judge for signature to become a valid and binding court order. The attorney will send the signed QDRO back to the PA who will then begin administering the plan according to the order.

QDRO’s are very specific in nature to each retirement plan and may vary greatly depending on the outcome of each individual divorce. If you think you may be involved in a divorce and would like some more in depth information about how your retirement account could be affected please contact one of our outstanding attorneys here at The Orlando Law Group PL at 407-512-4394. Offices Waterford Lakes, Lake Nona and Dr. Phillips.

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Thinking of Starting an Online Business?

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Your Business Plan:  What is a Business Plan and Why Is It Important?

A business plan has two main purposes—to outline your business goals and to define the strategy for achieving them. Business plans are traditionally used when companies seek investors or commercial lenders. The business planning process will help your online business define a strategic blueprint for the operation and success of your company.  A solid business plan will create your own unique identity and it will give you the confidence and documentation needed to get out there and pitch your idea, product or services to anyone.  Basically if you have an idea for a product or service and hope to get potential investors, lenders, donors or business partners on board, a business plan is a requirement.

Declare the Controlling State Law

If you don’t declare the controlling state law, then anyone who sues you can determine the state law that applies.  It is important to include somewhere in your online contracts or your website the controlling state of your business.  If a plaintiff can show good reason for suing you from a particular state undeclared, that state’s laws will apply. This means that you could be ordered to court on the other side of the country. Chances are it could also mean that you will be more likely to lose based on the standards of the other state’s court.  You may need legal help to create Online Terms and Conditions to declare the governing state.

Best Practices Suggest You Set Up a Separate Business Checking Account

In most states, including Florida, all business transactions are required to be made through a separate business account.  This is extremely advisable and a benefit to your company if you want to receive the greatest number of business deduction possibilities, as well as maintain corporate protection. Remember, always keep your business finances and your personal finances separate. You don’t want to face expensive fees and penalties.

Privacy Policy and the Legal Disclaimers You May Need on Your Website

Many online businesses collect information in some way.  If your intent is to grow your business by collecting information from your site’s visitors, you will need to protect yourself legally by establishing a Privacy Policy. This special policy sets forth what you will or will not do with information that you collect.  Once you publish your exclusive Privacy Policy online, the requirement you will need to maintain is to “follow it”.  Also and just as important, if you change your privacy policy you will need to notify the users.  This protects you and will allow the users to accept the changes. Seeking legal advice is highly recommended in drafting your special Privacy Terms.  There are Rules and regulations for conducting e-commerce that apply mainly to online retailers and other businesses who perform consumer transactions by collecting customer data. Important to remember, even if you do not sell anything online, laws covering digital rights and online advertising may still apply to you. The Federal Trade Commission (FTC) is the federal agency regulating e-commerce activities, including use of commercial emails, online advertising and consumer privacy.

Other Protections You May Need

There are many other topics you may need to explore in securing a safe Online Business Experience. At The Orlando Law Group, our diverse team of attorneys have a wide breadth of experience with roots that run deep in the community where we live, work and play.  Our approach to serving clients is twofold.  We believe in preventative action and proactive engagement to provide exceptional legal representation.

  • Identity Theft – And as Business Owner Your Responsibilities
  • Privacy Rules for Financial Companies
  • Children’s Online Privacy
  • Computer and Information Security
  • Selling Internationally/Exporting
  • Using Consumer Credit Reports
  • Digital Rights and Copyright Laws
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ATTENTION EMPLOYERS: IS YOUR SOCIAL MEDIA SENDING THE WRONG MESSAGE AS TO YOUR WORKERS COMPENSATION COVERAGE?

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If an investigator finds that an employer is performing work that is outside the classification codes for which their policy covers, they can report it to the State. The Department of Financial Services has the power at that moment to issue a stop work order. In order to release the stop work order, the employer will have to pay at least $1000.00. At that point, the Department of Financial Services will require the employer to submit payroll records and they generally require records for the preceding two year period.

The Department of Financial Services calculates the premium that should have been paid based upon what they believe were the classifications that were not covered on the policy. The penalty can be two times the premium that should have been paid within the preceding two year period or $1000 whichever is greater.  Once the Department assesses their penalty, you have only 21 days within which to appeal it.

So, the Department could investigate an employer by looking at their website. If the website lists services that are not being covered under the policy, then they can send an investigator to confirm the employer’s activities.  Your website and Facebook page could also show pictures of events or activities performed by employees and may provide evidence of misrepresenting employee duties.  Often times, employers hire marketing companies to manage their website and Facebook page. These companies may use stock photos or captions that could incorrectly indicate the employer is engaged in services or activities that they are not.

If your business is issued a stop order, it is best to contact an attorney immediately. An attorney is able to gather all the required payroll records and make sure only those that truly represent payroll are submitted to the Department. The time deadlines are strict and failure to meet them can cause the business to pay penalties in excess of what they actually owe.  In addition, an attorney has the knowledge of the classifications codes and whether the codes being applied by the Department are accurate. 

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Is It Possible to Collect Workers’ Comp and Unemployment Benefits at the Same Time?

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Unfortunately, most workers are not eligible to receive unemployment benefits while they are getting temporary disability benefits under workers’ compensation. Florida workers’ compensation law doesn’t allow injured workers to collect unemployment compensation while simultaneously collecting temporary disability or permanent total disability benefits.

The exception occurs when workers who have been injured and then released by their doctors to perform light duty work. These types of workers may also receive unemployment in addition to workers’ comp benefits. Although in this situation both types of compensation can be collected, the disability benefits will be subtracted from the amount due under workers’ compensation. As a result, it’s not much of a “win” because one’s benefits will be reduced for any period of time that unemployment is also being collected.

If a work injury has left an employee with a permanent injury or disability, that worker will need to file for Social Security Disability since he or she will not be able to work again. Workers who need time off work to rest and recoup from an injury may be able to collect unemployment and Temporary Partial Disability benefits.

In order to understand these benefits, it is important to define what these different types of benefits really are.. Workers’ Comp benefits are available to injured workers when their employer carries workers’ compensation coverage. Unemployment benefits provide workers with some money once they lose their job. Additionally, unemployment benefits can be collected if an injured worker tries to return to his job but his employer no longer has work available. In order to receive unemployment benefits in this situation, the worker needs to be physically able and available to work.

Because trying to collect both types of benefits can be complex and each of them has their own rules and guidelines, you might want to speak with an attorney to help you navigate the complexities of benefits’ laws.

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Is It Possible to Collect Workers’ Comp and Unemployment?

Unfortunately, most workers are not eligible to receive unemployment benefits while they are getting temporary disability benefits under workers’ compensation. Florida workers’ compensation law doesn’t allow injured workers to collect unemployment compensation while simultaneously collecting temporary disability or permanent total disability benefits.

The exception occurs when workers who have been injured and then released by their doctors to perform light duty work. These types of workers may also receive unemployment in addition to workers’ comp benefits. Although in this situation both types of compensation can be collected, the disability benefits will be subtracted from the amount due under workers’ compensation. As a result, it’s not much of a “win” because one’s benefits will be reduced for any period of time that unemployment is also being collected.

If a work injury has left an employee with a permanent injury or disability, that worker will need to file for Social Security Disability since he or she will not be able to work again. Workers who need time off work to rest and recoup from an injury may be able to collect unemployment and Temporary Partial Disability benefits.

In order to understand these benefits, it is important to define what these different types of benefits really are.. Workers’ Comp benefits are available to injured workers when their employer carries workers’ compensation coverage. Unemployment benefits provide workers with some money once they lose their job. Additionally, unemployment benefits can be collected if an injured worker tries to return to his job but his employer no longer has work available. In order to receive unemployment benefits in this situation, the worker needs to be physically able and available to work.

Because trying to collect both types of benefits can be complex and each of them has their own rules and guidelines, you might want to speak with an attorney to help you navigate the complexities of benefits’ laws.

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The Florida Supreme Court makes long awaited impactful decisions in Workers Compensation

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So, these cases sat pending for 540 days and 735 days respectively since oral argument.  These two decisions have now turned back the clock on major provisions of the workers compensation law. In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in in 2003 such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits. In coming to this ruling, the Court explained that the attorney’s fees in Florida Workers’ Compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.

The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights.

To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the pre-requisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement.  Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.  The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260 week limit on temporary total benefits that existed in the pre-1994 version of the statute.  

WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS

As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee. We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.  

With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated”.  Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal.  In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial. Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible.

Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So it will now cost the employer more for policies and they will be faced with increased claim exposure.

WHAT CAN BE DONE TO MINIMIZE THE IMPACT

It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement.  The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.

By Attorney Heather McLeod

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What is Workers’ Compensation?

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If you are hurt on the job, it’s important that you know what options are available to you to alleviate the anxiety of unpaid medical bills. While Workers’ Compensation won’t solve all of your problems, it should at least help with the financial burden the injury has created.

Workers’ Compensation in a Nutshell

Often called “Workers’ Comp,” Workers’ compensation insurance is a type of insurance purchased by employers for the coverage of employment-related injuries and illnesses. It is a state-mandated program consisting of payments that are made to an employee who is injured or disabled in connection with work. It is required and varies slightly by state, as every individual state has its own workers’ compensation insurance program. In Florida, the Division of Workers’ Compensation site attempts to ensure that anyone interested or involved in the Florida workers’ compensation system has the tools and resources they need to participate. The site assists injured workers, employers, health care providers, and insurers in following the Florida Workers’ Compensation Rules and Laws.

In most situations, injured employees receive workers’ compensation insurance, no matter who was at fault for the injury. Because these workers’ comp benefits act as a type of insurance, they keep the employee from suing his or her employer for the injuries covered. It is designed to cover injuries that result from employees or employers carelessness.

Situations That Are Covered

It should be noted that workers’ compensation benefits DO NOT cover pain and suffering. Rather they cover tangible expenses including: medical care from the injury or illness, replacement income, costs for retraining, compensation for any permanent injuries, and benefits to survivors of workers who are killed on the job.

The range of injuries and situations covered is broad, but there are limits. Not ALL problems that occur in the workplace are covered. Coverage may be denied in situations involving: injuries caused by intoxication or drugs, self-inflicted injuries, injuries from a fight started by the employee, injuries resulting from horseplay or violation of company policy, felony-related injuries, injuries an employee suffers off the job, or injuries claimed after an employee is terminated or laid off.

Who Receives Worker’s Comp

Most types of employees are covered by workers’ compensation insurance. However, there are some exceptions. States commonly exclude some workers from coverage, such as: independent contractors, business owners, volunteers, employees of private homes, farmers and farmhands, maritime employees, railroad employees, and casual workers.

Dollars and Cents

As a general rule, an employee who is temporarily unable to work will usually receive temporary disability payments of two-thirds of the employee’s average wage, up to a fixed amount set by law. An employee who becomes permanently unable to do the work he or she was doing prior to the injury, or unable to work at all, may be eligible for long-term or lump-sum benefits for permanent disability. The workers’ compensation system also pays death benefits to surviving dependents of workers who pass away from work-related injuries. The eligibility for wage replacement begins immediately after a few days of work are missed because of a particular injury or illness.

If it is the best fit for your situation, Workers’ Comp can be a huge help during a very difficult circumstance.  You might need help navigating the legal end of it if you don’t understand the insurance company’s approval of the workers’ compensation claim or if you disagree with the doctor’s perception of your injury – for example, if you feel more ill or injured than the doctor thinks you are.

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Kimberly E. Hosley from The Orlando Law Group, PL recognized by Super Lawyers

Florida Rising Stars are lawyers who demonstrate exemplary performance as Florida attorneys, and no more than 2.5 percent of lawyers in the state of Florida are named to the Rising Stars list each year. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

“It is an honor to be included in the Super Lawyers Rising Star list for the second year in a row,” said Kimberly E. Hosley from her office in Orlando, FL. “At The Orlando Law Group, we work hard every day to help our clients any way we can. Being recognized for that hard work and client service is gratifying.”

For the full list of 2016 Super Lawyers for the state of Florida, please visit their official website.

About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more than a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.

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When should an estate plan be reviewed?

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An estate plan is an important asset that should be updated as time goes on. Ideally, your estate plan should be reviewed annually or even quarterly, although it’s acceptable to update it at least every three to five years or when there is a life event, according to Fidelity.

What qualifies as a “life event?” Things like:

  • Marriage or divorce
  • The birth of a child or grandchild
  • A purchase of a home
  • Moving out-of-state
  • A death in the family
  • Career changes
  • When you receive an inheritance or significant asset
  • And more

There are all examples of life events that should make you pause and review your current estate plan.

Any large life changes will have a direct impact on your estate plan, and sometimes for reasons you may not even be aware of. When you have an important life event, it is best to consult with your estate planning attorney for the best plan of action.

Remember, life is dynamic. Things are constantly changing. If you haven’t reviewed your estate plan in a while, it might be time to seek counsel from your attorney to make it is up to date.

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How to Properly Beat Gift Taxation & the $5.45 Million Tax Break

We currently have in effect something called a “Unified” estate and gift taxation system. What this means for the average American is that the lifetime limits for gifting of personal property is tied in directly with your estate exemption limits. In plain English: You can leave behind personal property when you pass, and it won’t be taxed if it’s under a certain amount…but the IRS will subtract the value of gifting that you’ve done DURING your life from that exemption number. But don’t worry, there are ways around this if you know the rules and effectively plan out your gifting to heirs during your lifetime.

Let’s talk about the numbers.

Back in 1997, an individual could leave behind $600,000 in personal property to their loved ones without any tax concerns whatsoever. Now fast forward to 2016 and that number is now $5.45 million dollars! If you’re married, that means you and your spouse have a lifetime estate and gifting limit of 10.9 million dollars. That’s a lot of money. However, you have to remember that since gifting and estate are “unified”, those numbers are all-inclusive of lifetime gifts and your estate when you pass. Are there ways to work around this? The answer is yes!

Gifting and You: How to Make the IRS Happy

Want to leave behind the maximum to heirs and loved ones? Then start a gifting program during life. There is currently a $14,000 annual gift exclusion per person, but here’s the catch:you can give up to $14,000 per year to an unlimited number of recipients, and if you’re married, you and your spouse can make a joint gift of $28,000 to an unlimited number of recipients. I’m not a CPA or attorney, but I’d HIGHLY recommend that you document such gifts and include the documentation in your taxes when you file for the year.
Let’s do a couple of examples:

Example #1: Mr. & Mrs. Thomas own a mid-sized manufacturing company. They both turn 60 and decide they are ready to retire.They sell their company, taking home $15 million dollars after taxes. They decide to live off of the interest for the rest of their lives, so their estate does not grow. Assuming they did no gifting during life, the first $10.9 million would be exempt from estate tax, and the remaining $4.1 million would be taxable under current tax law. At a 40% bracket, that means they are looking at estate taxes of $1,640,000 owed to the IRS!

Example #2: As above, Mr. & Mrs. Thomas sell their company, but instead of distributing dollars upon death, they decide to take advantage of the annual gift exclusion for their two adult children Heath and Jennifer. They make annual gifts of $28,000 to each child for the next 25 years, transferring a total of $1.4 million during their lifetime. Upon their passing, the first $10.9 million would still be excluded from estate taxation because the couple did not exceed the annual gifting limits of $28,000 jointly per recipient. In this example, only $2.7 million would be subject to estate tax. At a 40% bracket, the means they are looking at estate taxes of $1,080,000 owed.

In the above examples, a lifetime gifting program saved the Thomas family almost $500,000 in extra estate taxes, just because they took advantage of their annual gifting allowances! I say this a lot, but when it comes to money and taxes, you have to know the rules before you play or you’re going to pay for it big time. Consult your attorney and tax professional, as each case is unique.

Key Take Away: The best time to start leaving behind property for heirs is during life. All of the estate planning in the world will not excuse you from all estate taxation.

Written by: Kyle A. Davis, ChFC®

Kyle A. Davis is a Chartered Financial Consultant® and president of Integrity American Group, LLC. He is a Florida native and an advocate for financial literacy and practical money education. When not assisting clients with their retirement planning, he creates educational videos on financial wellness and offers free resources on his personal finance YouTube channel HERE

 

 

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Guardian Advocacy: What Can It Do For You?

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Developmental disabilities include cerebral palsy, autism, spina bifida, Prader-Willi Syndrome, or other conditions that that manifest before the age of 18 and that constitute a substantial handicap that can reasonably be expected to continue indefinitely. The focus is on the decision-making ability of the person needing the Guardian.

How do YOU become a Guardian Advocate? First, you must be over the age of 18 and be a resident of the state of Florida. You must also submit to a level 2 background check under and provide a live fingerprint scan, and lastly, you MUST have an attorney if you are seeking to be the guardian of the property other than Social Security or other governmental benefits.

If you meet all the qualifications to become a Guardian Advocate, you can begin the process of becoming appointed as one. This process begins with a Petition that is filed with the Court along with the Oath of Guardian Advocate and a Designation and Acceptance of Resident Agent.

The next step will be to schedule a hearing with the Court. Upon successful completion of the documentation process, you should receive a letter or call from the Clerk of Court providing you with your case number, the name of your Judge, and the name of the attorney appointed to represent the person with the disability. (Tip: You will have to coordinate this hearing with the attorney appointed to represent the disabled person.) Prior to the hearing, you should draft a proposed order and Letters of Guardian Advocacy and bring them with you to the hearing.

After the hearing, but within 60 days of being appointed as the Guardian Advocate, you will need to submit what is called the Initial Plan. The Initial Plan provides information to the Court as to how you plan to care for the Ward. Additionally, within 90 days of the date of the anniversary of your appointment as a Guardian Advocate, each year you are required to file an Annual Plan.

If you are interested in becoming a Guardian Advocate or know someone who may need one, please contact our office at (407)-512-4394 and ask to speak to one of our knowledgeable and experienced Guardianship attorneys, Pamela Martini or Maytel Bonham. CLICK HERE to download our Guardian Advocacy Bootcamp Presentation.

Written by: Attorney’s Pamela G. Martini and MaytelMaytel Sorondo Bonham

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When is the Right Time to Begin Estate Planning?

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What exactly is estate planning? It is twofold: (1) it is deciding what will happen to your possessions and assets and making sure that your family and friends are taken care of after you have passed away, and (2) it is ensuring that your health care and end of life care wishes are carried out if you fall ill or become incapacitated.

While most people do not want to think about death and what happens when they die, it is still important to begin planning for a time when you will no longer be around while you are still in good health both mentally and physically. After you pass away, even if you have verbally communicated to your family how you would like your estate to be administered; without a written, official estate plan in place including documents such as a Last Will and Testament and a Living Will, there are no guarantees that your estate will be dealt with in the way that you had hoped for. Establishing a solid estate plan is the only way to ensure that your estate and health care is administered according to your wishes.

First, developing a plan for how you will divide up your assets before you pass away allows you to decide what happens to your assets, instead of allowing a relative or friend (who may have their own motives or personal goals as to what will happen to your possessions) or the courts to decide how your estate is administered. When a person dies without any type of will or trust set up, all of their financial assets and property are subject to the laws of the state. This is referred to as dying “intestate,” or intestate succession. Simply put, you will have no control over who inherits what you once owned. Everything will be left up to pre-determined laws that have been set up by the state you live in.

Furthermore, when you pass away, your friends and family will already have enough of a tough time coping with the emotional burden that comes with a difficult loss. Making it easy for them to handle your estate by providing them with written documents setting out your goals and wishes for your possessions is a great gift to give your friends and family. Having everything pre-planned will give your loved ones time to grieve and reduce the stress of fairly dividing your assets according to your wishes.

Lastly, if your estate is subject to taxes, a proper estate plan can help reduce or even eliminate these taxes, allowing your family to retain most of your assets instead of handing them over to the state.

As to the right time to establish an estate plan; many would say that the right time to begin thinking about estate planning is when you become a legal adult; others could say that it is when you become a parent or guardian of a child; while some might say it is when you retire or reach a certain age. However, speaking frankly, there is no “right” time to begin thinking about estate planning, because each person and each family is different. Quite frankly, any time is a good time to begin estate planning once you become an adult, because life, as we know, is unpredictable. Any time is a good time to consider the wellbeing of your family, friends and possessions after you pass away. The important thing is that you do not wait too long to set up an estate plan. After you pass away or become incapacitated, it is too late to create a solid estate plan, and your friends and family may be left both emotionally upset by your loss and stressed, with many questions as to your wishes for your estate or health care.

When it comes to establishing an estate plan, it is most important to think about your specific goals for your estate and how you want your legacy to protected. Do you want to make sure your children have a guardian in place should you pass away or become incapacitated? Do you have multiple assets and want to ensure that your chosen beneficiaries receive your assets as directed? Do you have specific wishes for your end-of-life care should you be incapacitated? These are just some of the considerations you should make when thinking about establishing an estate plan.

If you decide to move forward with an estate plan, you will need to include a few important documents to make sure that all your bases are covered. A typical estate plan will include:

  • a Last Will and Testament that is the primary document regulating your wishes as regards inheritance and guardianship;
  • a Trust that relates to protecting assets for the benefit of yourself and/or specific persons;
  • a Living Will (also called a healthcare directive and proxy or designation of healthcare surrogate) that specifies your intent as regards decisions on your physical well-being and end-of-life arrangements respectively;
  • a Power of Attorney that enables a trusted Agent to make financial decisions for you in the event that you are incapacitated; and
  • for parents with minor children, a temporary guardianship document that names a trusted adult to care for minor children in the event of your incapacity.

Keep in mind that the specific documents you need will vary depending on your situation and your goals for your estate. A lawyer can help you clarify how to move forward with your estate plan and deal with any special circumstances you would like to consider. The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Deciphering the Jargon: What is a Living Will?

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Last Will and Testament, Living Will, Living Trust, Testamentary Trust, Power of Attorney, HIPAA Release, Quit Claim Deed, Enhanced Life Estate Deed…these are all terms we hear thrown around when thinking about establishing an estate plan. We know that as responsible adults we should plan for our future by creating a Last Will and Testament, but creating a comprehensive estate plan which accounts for the distribution of your assets, the security of your friends and family and what health care decisions should be made on your behalf involves much more than just a will.

The truth is, establishing an estate plan is rarely urgent (until it becomes urgent) and they are only needed when something awful happens. The result is that we often avoid tackling the whole mess.

However, developing a comprehensive plan for your estate can be quite simple and straightforward if you understand the basics and if you have the assistance of an experienced estate planning attorney on your side. When you are planning for what happens to your estate, it’s important to understand the difference between the different legal documents that are available to you, so you can ensure everything goes according to your plan. One of these such documents is known as a Living Will. While most people know what a Last Will and Testament is, or at least have an idea of what a Will does, many people do not know about Living Wills and how a Living Will can ensure that your wishes regarding your health care and end of life care are followed.

What is the difference between a Last Will and Testament and a Living Will, and why do you need a Living Will along with a Will?

A Living Will is a binding document to specify your medical wishes if you can’t communicate because of illness or injury. With a Living Will, a person expresses what he or she would like done regarding end-of-life care. In a situation where the attending physician and another consulting physician have determined that there is no probability of recovery from a medical condition, the Living Will can direct that life prolonging treatment be withheld. The person can indicate which of the three situations where they wish for life-prolonging treatment to be withheld: persistent vegetative state, terminal condition or end-stage condition. It addresses such questions as to whether you want life extending treatment while terminally ill or in a permanent coma.

A Last Will is the fundamental piece of any estate plan. A Will functions to provide your instructions for distributing the assets you own individually or share ownership as tenants in common when you pass away. It is only in a Will that you can name legal guardians for your children, as well as someone to manage any properties left to or earned by minors. A Will also gives you the right to name an executor who will be in charge of wrapping up your estate after your death.

A Last Will does not give directives about your health care or life support. That is where a Living Will comes into play. A Living Will, also known as an advance directive or a health care directive, spells out your decisions about life support and organ donation in advance. It also names someone to manage your healthcare, commonly referred to as your Health Care Surrogate or Proxy. To avoid any conflict of interest, your Health Care Surrogate can be a different person than the person named as Agent in your Power of Attorney, who is designated to handle your financial and legal affairs.

Why have a Living Will? There are two major reasons why someone may want or need to create a Living Will.

  • A Living Will spares your family the anguish of making life-support decisions without your input. It also helps to avoid major arguments between family members at a vulnerable time. With a valid Living Will, your wishes are clearly expressed so that your loved ones do not have make an incredibly difficult decision in a time of tragedy.
  • A Living Will also gives you control of your healthcare by ensuring that your doctor understands your end-of-life wishes and treats you accordingly. If you have specific wishes regarding your health care, certain religious beliefs, or are concerned that your family or spouse may not honor your wishes, a Living Will gives you the peace of mind that your wishes for your care will be followed.

To proceed with a Living Will, we recommend that you meet with an estate planning attorney who can walk you through the important legal questions at hand. Your attorney can prepare the proper documentation for your state and help you think through potential scenarios that you might want to discuss with your physician and loved ones. There are numerous medical scenarios and procedures you or your loved ones could face. By having a Living Will drafted by an experienced attorney, you can be clear about the specific medical treatments you do or do not wish to receive.

Many people think a living will is not something they need unless they reach senior citizen age. However, this could not be further from the truth. Life is unpredictable and often uncontrollable, giving every enough reason for adults of any age to invest in a Living Will in order to protect themselves when bad fortune arises.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Auto & Work Accident Whiplash Relief

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If you have been in an auto accident recently, there are some important decisions you have to make. It’s crucial to make these decisions instantly and not delay. Individuals injured in car accidents will have only 14 days to seek initial treatment.

Summit Chiropractic exists to serve the health care needs of our patients with the highest level of care and concern. Using the leading edge of technology, we are focused on bringing you the most advanced “non-surgical” treatment for neck and back problems available.

How Chiropractic Relieves whiplash symptoms:

Chiropractic adjustments are a very effective form of treatment to relieve whiplash. A chiropractic adjustment is a gentle form of a motion to individual segments of the spine which effect the tissue in three ways.

  • Relieves nerve pressure affecting neck and shoulders.
  • Relieve muscle reflex pain and spasms.
  • Reduces disc pressure which is also a contributing factor in neck and shoulders pain.

What you can expect with chiropractic adjustments is decreased pain, decreased muscle spasms and increased mobility

Therapy to Relieve Whiplash Symptoms

Myofascial release is utilized to decrease the muscle spasms and pressure on the cervical nerves. Deep massage therapy is an alternate form of muscle work to effect the muscles related to the pain of whiplash injuries.

In addition, our treatment may also include therapy which delivers a form of cryotherapy into the muscle tissue. The physiologic effects of cryotherapy include immediate vasoconstriction with reflexive vasodilation, decreased local metabolism and enzymatic activity, and decreased oxygen demand. Cryotherapy decreases muscle activity and decreases spasticity and muscle guarding. It is commonly used to alleviate the pain, decrease muscle soreness, and aids in the relief of whiplash injuries.

Intersegmental traction is another means of inducing passive motion into your spine for the purpose of increasing mobility and stretching spinal joints. The discs of your spine have a poor blood supply. Misalignment of the spine prevents this exchange from occurring. Intersegmental traction helps restore proper motion. Patients lie supine on a table which has vibrating roller-type cams beneath its surface. These massaging rollers travel slowly up and down the spine. Most patients find this form of traction to be very relaxing and therapeutic.

Signs of Whiplash

Whether from an auto accident, sports injury or a slip and fall where there are a rapid flexion and extension of the head.

Several muscles around the neck and shoulders, ligaments and spinal discs get injured during the rapid motion.

  • Spinal Cord Injury
  • Jaw Pain
  • Cervical Vertigo with dizziness or nausea
  • Arm and Leg numbness and tingling
  • Neck and Low Back Pain
  • Thoracic Outlet Syndromes
  • Shoulder and Arm Pain

Our entire staff is dedicated to helping you along your journey of discovering the path to the summit of your health and wellness through natural, non-surgical, drugless alternatives. If you are experiencing difficulty with your back or neck, please call us at (407) 203-6745 to schedule a no cost consultation with Dr. Jamee Fike and Dr. Warner and find out if this treatment option can help you live a normal life free from pain.

Whiplash Relief in Orlando FL Call: (407) 203-6745

Affordable neck and back pain relief available without the side effects of medicine.

Dr. Jamee Fike and Dr. Warner is expert at car accident injuries helping people with chronic back problems, neck aches, spine injuries, etc. so you can live life to the fullest, pain-free!

Auto accident injury and whiplash specialist in restoring health.

With our chiropractic procedures, we have helped 100’s of accident injury patients, bringing pain relief and helping them feel as good (and many times, better) than they did before their accident.

Importance of Immediate Care

What a lot of people don’t realize is that it can take multiple days, sometimes weeks before any whiplash symptoms occur.

The reason it can take a few days to feel the symptoms is because it can take time for the inflammation from the tears in the injured ligaments and muscles to build up and further aggravate you. When the delicate ligaments that support your neck are wounded, the muscles react by tightening to guard the injured area. This protects the damaged area from further injury.

A few weeks following this injury, the distressed tissue releases chemicals that attach little cells to the wounded area, called Fibroblasts and creating a scar-like material called fibrin. Fibrin then helps mend and rebuild the injury.

During these few weeks of repair, it is extremely important to maintain normal ranges of motion, as well as spinal alignment. If this is not done properly, the scar tissue will end up limiting the future mobility of the injured area and lead to spinal degeneration.

See how Dr. Jamee Fike and Dr. Daniel Warner can help you!

Whiplash Relief in Orlando FL Call: (407) 203-6745

Source: Summit Chiropractic – Whiplash Pain Relief

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You’ve been in a car accident. Now what?

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None of us wants to admit that we’ll take part in those statistics; but assuming that you will be in an accident at some point, do you know what to do? Let’s break it down into two categories: what you should do at the scene and what to do after the accident.

At the Scene

  • Stop. According to the Florida DMV, you must stop. And if anyone is hurt, you are required to get help. In addition, you should give your name, address, and vehicle registration number to others involved in the accident. If you leave the scene of an accident that involves injuries without providing your information your license may be revoked.
  • Don’t Block Traffic. If traffic is being blocked by your car you must move it. If you can’t move it yourself, you are required to get help or call a tow truck. Your car should never block traffic in any situation. Before you move the vehicles, you might want to use your phone to take photos, including the surrounding area, traffic signs, lane markings and the damage to vehicles involved. If there is any dispute about the accident, photos can provide a wealth of information and assistance in handling any claims following the suit.
  • Report it. According to Florida law, any car accident that involves injuries or property damage over $500 must be reported. In these situations, you should call the local police department, sheriff, or the Florida Highway Patrol. Some experts advise that you should call the police in any accident – even if the other person wants to keep it off the books or you think the damage is minor. Because you don’t know how things will actually turn out, a police report will provide an official record of the accident.


After the Accident

  • Call your insurance agent. People in the insurance industry say you should call your carrier regardless of the accident’s severity. If any payments have to be made to you or anyone else involved in the accident, the sooner your insurance company knows of the situation, the better.
  • Do not admit fault. Be honest with police about the facts but let them determine your level of liability. Most car accidents happen because one of the drivers was legally negligent. Negligence is when someone has a duty to act with reasonable care and fails to do so, causing harm to another person. A negligent person is required by law pay for the harm he causes to another person in proportion to his or her liability for the other person’s losses. If indeed you are the one charged in a traffic accident you will have the opportunity to explain what happened in court. At that point, the traffic court will decide what the penalty is. If you want a deeper dive into defining negligence, Click Here to read a blog where we go in depth on the matter. 
  • Consider an attorney. If it is not a straightforward matter, an attorney might be helpful in getting to the bottom of the claim. Particularly if you are injured in the auto accident or the damage to your vehicle was extensive or if there is some question about fault. Of course, if you think you will need the help of a lawyer, make sure you document any medical expenses or other interactions that occur as a result of the accident.

Being in an accident is never convenient or easy. But, if you follow these simple procedures, the aftermath of your accident will be less frustrating and complicated. Personal Injury Law is an aspect of law that we focus on, and if you want to know more or have other questions, make sure to give our Personal Injury Page a look. It contains a more expanded grouping of information, but as always, if you have questions, The Orlando Law Group is here to help. Never hesitate to reach out. 

 

 

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So you’ve been arrested for DUI, what happens next?

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The officer will likely walk up to your window, ask you for your license, insurance card, and vehicle registration. He or she may ask other questions to get you talking. The officer is looking for the “distinct odor of the impurities of alcohol.” When the officer asks you out of the vehicle, they will ask you to perform a sequence of Field Sobriety Exercises. These exercises include following a flashlight with your eyes, standing on one leg, and performing the “walk and turn” which is basically just walking heel toe down a straight line.

Once you have completed these exercises, the officer will make a determination as to whether or not to arrest you on suspicion of DUI. It is at this point, once you are under arrest, that you will be asked to submit to a breath, blood, and/or urine test. This test is what the officer’s use for confirmation of DUI in their minds. Understand, even if you blow UNDER .08, you can STILL be arrested for DUI. Even if you blow a 0.00, you can STILL be arrested for DUI.

So, should you submit to alcohol testing?
Florida Statute 316.1932 governs refusal to submit to alcohol testing. A refusal in Florida results in the automatic suspension of your driver’s license for a year. If you refuse a second time, it becomes an additional criminal offense along with the mandatory suspension of your driver’s license. Consenting to a breath test provides the officer further evidence to make the arrest for DUI and the State Attorney with additional evidence to use against you of impairment should you choose to take your case to trial. It is up to you to determine whether or not submitting to alcohol testing is in your best interest.

What happens if you weren’t driving?
What if instead of saying “I’m perfectly safe to drive” and driving home, you say “no way can I drive, I’m going to sleep it off in my car.” You may think by sleeping it off in your car, you are doing the responsible adult thing. However, you can still be arrested for DUI even if you are not physically driving your vehicle. Florida law provides that if you are in actual and physical control of your vehicle, you can be arrested. In layman’s terms, if you are in your car, with the keys, and have the ability to make it move, you can be arrested for DUI.

So you’ve been arrested for DUI, what happens next?
If you have been arrested for DUI, you will need to contact an attorney immediately to represent you. Following your arrest, an attorney can

  1. Guide you on how you can get a hardship license
  2. Advise you about penalties following a first and subsequent DUI
  3. Determine if any motions can be filed to help win your case

Please, contact us today for advise on how to best resolve your DUI or other criminal matters.

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You’ve Been Served! What is the first thing you should do if served with a summons and complaint in Florida?

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Following the initial emotions, undoubtedly there will be a number of questions. What is the best approach? What are the first steps? What do the various legal terms even mean?

Let’s start by defining the terms. What is a summons? A summons is an official written order to appear before a court, judge or magistrate because you have been named as a party in a lawsuit. What is a complaint? A complaint is a pleading filed by a Plaintiff stating the claims they have against the Defendant as well as the action they would like the court to take. The plaintiff is the person who has filed a complaint/charges against the defendant for prosecution by the courts, while the defendant is the person who is refuting the charges and is seeking to prove his or her innocence.

As a defendant, it is important that you do not ignore the summons. The popular adage that “if you ignore it, it will go away,” does not apply in the legal system! Once you receive a summons and complaint, an action has already been filed in the court system. Pursuant to Florida law, you have 20 days to file a written response with the court. The court clock starts running the moment you receive the summons and complaint. If you do not file a response, the plaintiff will be able to file a motion and obtain a default judgment against you. A default means that you have no defenses to present in the case. Once a default is in place against you, you will be prevented from defending yourself at any later date, even if you have excellent defenses.

What should you do to respond to the summons? In short, contact your attorney immediately. BEFORE you file any kind of response.

Your written response will become a permanent record in the case. So, do not take it lightly! It should be crafted carefully so that you say exactly what you need to say – no more, no less. Some defenses that may be available to you are waived if you do not raise them in your initial response. Therefore, it is imperative that you and your attorney thoroughly examine the court documents for any defenses, defects or standing issues.

It is important that you are open and honest with your attorney concerning the case at hand. With her help, you can begin to piece together the facts of the case. Your attorney can help you collect any necessary paperwork and think through any witnesses to the incident that might be helpful and could testify.

In the meantime, do not contact the attorney for the plaintiff or the plaintiff or any member of his or her family. Do not contact the court, a judge or any other official of the court. It might also be wise to severely limit the circle of people you speak to about the case.

The truth is, the legal process is nuanced and complex. A good attorney can help you navigate these steps and the options at hand. Having a little help makes “being served” much less scary.

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