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Military Soldier

The Montgomery GI Bill for Active Duty Members

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One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of two years. Eligible Servicemembers may receive up to 36 months of education benefits. The monthly benefit paid to you is based on the type of training you take, the length of your service, your category, any college fund eligibility, and whether or not you contributed to the $600 buy-up program. You usually have 10 years to use your MGIB benefits, but the time limit can be fewer or more years depending on your particular situation. Some Servicemembers may contribute up to an additional $600 while on active duty to the GI Bill to receive increased monthly benefits of up to $5,400 in additional GI Bill benefits.

But keep in mind that even if you contribute the full $1200 – $1800 dollars to the GI Bill, in order to qualify to receive the benefits you must also have an honorable discharge; AND a high school diploma or GED or in some cases 12 hours of college credit; AND you must also meet the requirements of one of the categories below:

CATEGORY I

  • Entered active duty for the first time after June 30, 1985
  • Had military pay reduced by $100 a month for first 12 months
  • Continuously served for three years or two years, if that is what you first enlisted for or if you entered the Selected Reserve within a year of leaving active duty and served four years (the 2 by 4 program)

CATEGORY II

  • Entered active duty before January 1, 1977
  • Served at least one day between 10/19/84 and 6/30/85, and stayed on active duty through 6/30/88, (or through 6/30/87 if you entered the Selected Reserve within one year of leaving active duty and served four years)
  • On 12/31/89, you had entitlement left from Vietnam-era GI Bill

CATEGORY III

  • Not eligible for MGIB under Category I or II
  • On active duty on 9/30/90 AND separated involuntarily after 2/2/91
  • OR involuntarily separated on or after 11/30/93
  • OR voluntarily separated under either the Voluntary
  • Separation Incentive (VSI) or Special Separation
  • Benefit (SSB) program Before separation, you had military pay reduced by $1,200

CATEGORY IV

  • On active duty on 10/9/96 AND you had money remaining in a VEAP account on that date AND you elected MGIB by 10/9/97
  • OR you entered full-time National Guard duty under title 32, USC, between 7/1/85, and 11/28/89, AND you elected MGIB during the period 10/9/96 – 7/08/97
  • Had military pay reduced by $100 a month for 12 months or made a $1,200 lump-sum contribution.

In the event you are discharged from the military under some other characterization other than an “Honorable” discharge, all is not lost. Often times many Servicemembers are able to have their discharge disposition upgraded to Honorable. In that instance, as long as the Servicemember otherwise qualifies, the MGIB benefits should then be available. Keep in mind though that to “otherwise qualify” means that you contributed at least $1200 dollars to the MGIB while on active duty and that the Servicemember served on active duty for at least two years AND has a high school diploma or GED or in some cases 12 hours of college credit; AND further qualifies under one of the four previously mentioned categories. Unfortunately, except for some very few rare exceptions, the MGIB is a use it or lose it benefit.

If the Servicemember contributes $1200 dollars and does not complete at least two years of active duty, you lose the benefit even with an Honorable Discharge. If you contribute $1200 dollars and serve two or more years and are discharged with a discharge code that is not “Honorable”, you will not qualify until you have upgraded your discharge disposition and keep in mind, the clock is ticking. If you are not able to successfully upgrade your discharge to Honorable within 10 years, there is a good possibility you will lose the MGIB benefits.

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How to Get a Passport for a Minor Under 16

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Obtaining a U.S. passport for your child will require slightly more work than it will take to get one for yourself. To start, both parents or guardians must be present when applying for the passport, except in certain circumstances that will be explained below. Every U.S. citizen needs a passport to enter and leave foreign countries, so even your infant will need to complete the following steps, which cannot be done by mail for first time applicants.

The first step is completing application form DS-11, which may be done either in writing or online. The requested personal information includes your child’s full name, date and place of birth, gender, phone number, travel plans and an emergency contact. Next, you must gather supporting documents to be presented at the time you submit the application at a passport office. You will be required to show: evidence of your child’s U.S. citizenship; proof of the parents’ or guardians’ relationship to the child; a photo ID of the parents/guardians or the child; a photocopy of identification documents; and one passport photo of your child.

Evidence of U.S. citizenship may be demonstrated by: a previously issued, undamaged passport; a certified birth certificate issued by the city, county or state; a consular report of birth abroad or certification of birth; a naturalization certificate; or a certificate of citizenship. To obtain certified copies, contact the registrar’s office of the state where your child was born, and be sure to get the “long form”. Evidence of parental relationship may be demonstrated by: the child’s U.S. birth certificate; foreign birth certificate; adoption decree; divorce/custody decree; or consular report of birth abroad of a U.S. citizen. The parent(s) or guardian(s) applying for the child’s passport must submit photo ID if the child does not have one, an undamaged passport or valid driver’s license will suffice.

If one parent/guardian is unable to appear, the DS-11 application must be accompanied by a signed, notarized form DS-3035: statement of consent from the non-applying parent/guardian. If one parent/guardian is absent and cannot be located, the applying parent must submit form DS-5525: statement of exigent/special family circumstances. The statement must explain in detail the non-applying parent/guardian’s unavailability and the recent efforts made by the applying parent to contact the unavailable party. The applying parent may also be required to provide evidence to document his/her claim of exigent or special circumstances. Evidence may be in the form of a custody order, incarceration order, or restraining order, for example. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.

If the minor has only one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application. Evidence may include: a U.S. or foreign birth certificate, consular report of birth abroad, or adoption decree, listing only the applying parent; a court order granting sole legal custody to the applying parent; a court order specifically permitting applying parent’s travel with the child; a judicial declaration of incompetence of the non-applying parent; or the death certificate of the non-applying parent.

If you are a parent or guardian and find yourself in need of obtaining a passport for your minor child, particularly if needed during the course of a divorce or paternity proceedings, please contact one our outstanding attorneys at The Orlando Law Group, P.L.

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uburban residential street with red brick houses

IN THE PROCESS OF PURCHASING OR SELLING A HOME WITH A HOMEOWNER’S ASSOCIATION?

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Most owners in Florida know that when they want to buy or sell their unit or house that they need to contact the community association, or its attorney, to get an estoppel letter.  Both the Florida Condominium Act and Florida Chapter 720 regarding homeowners associations specifically devote sections to estoppel letters a/k/a certificates of assessments. See 718.116(8) and 720.30851.

But what is an estoppel letter/certificate and why is it important to me? An estoppel certificate is a letter from the association that states any amounts due and owing for fees and/or assessments for a particular unit or house that is valid for 30 days from the date of the letter. The reason it is important is that once you purchase the property, you become liable for all past and present debts on that property. Although there is no statutory form of an estoppel letter, §720.30851 Fla. Stat. requires that the certificate be signed by an officer or authorized agent of the association stating all assessments and other moneys owed to the association by the parcel owner or mortgagee with respect to the parcel. However, it is good practice to include or request within the estopple letter/certificate: the name of the association; the name of the unit/parcel owner; description of the property; the total amount owed to the association; the date through which that total amount is owed; instructions on where to send the payment and signature of an officer of the association or authorized agent.

Upon request of the estoppel letter, the homeowners’ association may charge a reasonable fee for the preparation of the letter, however, an interesting caveat of §720.30851(3) Fla. Stat. states that if the certificate is requested in conjunction with the sale or mortgage of a parcel, but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the parcel owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. As with any legal transaction, knowledge is power. According to https://www.stateofflorida.com/facts.aspx (StateofFlorida.com) approximately 1,000 people move to Florida each day. Many of those people come from areas that do not have homeowners’ associations and new Florida residents are often surprised to learn that even though the homeowner may be up to date on their mortgage payments, that failure to pay homeowners’ fees and assessments can lead to foreclosure as well, regardless of your current mortgage status.

If you are considering purchasing property governed by a homeowners’ association or if you already own a home within a homeowners’ association and find yourself in need of legal advice regarding a dispute with the association, the knowledgeable attorneys at The Orlando Law Group, PL can help.

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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Trust

Five Ways to Build More Trust

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Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list.

Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part of integrity. So, obviously, being trustworthy is a critical character trait if you want to move up the corporate ladder, keep your employees, or build your customer base.

Bob Burg will tell you that all things being equal people will do business with people they know, like, and TRUST.

The first law of the Boy Scout Law, which defines how a Boy Scout is supposed to live their life, is “A Scout is Trustworthy”. Here’s the explanation: “A Scout always tells the truth. He is honest and keeps his promises. People can depend on him.”

Our trustworthiness is also quite obviously a key to our relationships with others.

  • If your spouse or significant other can’t trust you, the relationship is destroyed.
  • If your friends can’t trust you and count on you, then they will simply no longer expect anything from you and eventually will simply stop being around you or having your around.
  • If your co-workers can’t trust you, then you will not be able to function as part of a team.
  • If your employees can’t trust you, they will become disengaged and productivity suffers; not to mention the bottom line.

We know this, yet somehow the focus on trust seems to be lost somewhere in the desire to “close the deal” or secure what we want. When we focus on trust, however, we find that acquiring those things and closing that deal becomes easier because of who we are and what we stand for.

When we are trustworthy, we are the go to person that everyone counts on to make it happen. That has value in so many ways, including financially.

Being trustworthy is the deal-maker…or the deal breaker.

Here are some ways you can build trust on a daily basis:

  • PRODUCE RESULTS – when you have a proven track record of accomplishing things people will trust you to meet the deadline or to accomplish the task or lead them.
  • GIVE YOUR WORD ONLY WHEN YOU MEAN IT – Don’t make promises you can’t keep.
  • KEEP YOUR WORD AT ALL COSTS – This is critical. When people know that you are going to do what you say you are going to do no matter what, then your trustworthiness grows and builds over time.
  • BE CONSISTENT – Consistency is a key to both trustworthiness and integrity. People need to know what they can count on.
  • RESPECT YOURSELF AND OTHERS – When you show respect for other people and respect yourself, then people will believe and trust that you are who you say you are and you will do what you say you are going to do.

Are you trusted? Who do you trust? Where can you deepen the levels of trust? What action will you take today to rebuild trust?

Added Bonus: CLICK HERE to receive Paul’s e-book Fifteen Innovative Ways to Show Employees You Care 

You will be asked for your name and email – no sales call unless you request it. 

Author: Paul Simkins

Paul Simkins is a Performance Management Trainer, Speaker, and Coach who helps organizations and individuals re-engage their employees, maximize productivity and experience optimal team cohesion. Paul is a second-generation native of Orlando and currently lives in Oviedo.

Learn more about Paul and his company Ah-Ha! Moments Learning, LLC by visiting: https://www.ahhamomentslearning.com/

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orlando

Orlando Rises to the Occasion

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It is during difficult times that a person or a community’s character is tested.  Orlando rose to the occasion and took a difficult and painful tragedy and turned into more love and tolerance for its community.

The LGBTQ community in Orlando is strong and cohesive.  While it may have taken a tragedy such as the Pulse massacre for us to come together as a whole, it is heartwarming and encouraging to see the progress we have made in just one year.  Orlando is a diverse caring community and ready to help its citizens:

Following the tragedy on June 12, 2016, the Orlando United Assistance Center (OUAC) was established to meet the needs of individuals directly impacted by the Pulse tragedy.  OUAC is a place offering services and support to aid in the physical and emotional healing of those who were present at Pulse on June 12, survivors and immediate family members of those lost.

In addition to the OUAC, the LGBTQ community created an Alliance where all local LGBTQ leaders discuss the needs of its community.

The LGBTQ community and Orlando as a whole will continue to work together and make this the best place to live, work, and play.

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Know Your Immigration Options

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There are multiple occupations and opportunities for employment in the United States in several industries and categories that may qualify a person for a Visa in the U.S. including cultural exchange participants, agricultural workers, technology specialists, engineers, scientists, athletes and much more. All workers must obtain permission to work legally in the United States.

It is important you hire an attorney that understands the many different employment Visa opportunities, requirements, and conditions, including the authorized periods of stay.

Among the opportunities offered by the United States, an individual can apply for temporary (nonimmigrant) worker status, Permanent (Immigrant) Worker status, or Student and exchange visitors, who under certain circumstances may be allowed to work in the United States. You may also visit the United States for business purposes. Under this condition, you must obtain a Temporary Visitor for Business Visa, known as B-1 Visa. Unless you qualify for what is called a Visa Waiver Program (VWP). The Visa Waiver Program was instituted by the Immigration Reform and Control Act of 1986 allowing persons of certain countries to travel to the United States without having to obtain a nonimmigrant Visa (for no more than 90 days).

Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP, unless citizens of one of these countries are also a national of Iraq, Iran, Syria, or Sudan.

•Andorra
•Australia
•Austria
•Belgium
•Brunei
•Chile
•Czech Republic
•Denmark
•Estonia
•Finland
•France
•Germany
•Greece
•Hungary
•Iceland
•Ireland
•Italy
•Japan
•Latvia
•Liechtenstein
•Lithuania
•Luxembourg
•Malta
•Monaco
•Netherlands
•New Zealand
•Norway
•Portugal
•San Marino
•Singapore
•Slovakia
•Slovenia
•South Korea
•Spain
•Sweden
•Switzerland
•Taiwan*
•United Kingdom**

 

 

 

 

 

 

 

 

 

*Eligible Taiwan passport holders with an approved ESTA will be able to visit the United States without a visa starting from November 1, 2012.

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

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hoa board

Now That You’re Elected to the Board, Are You Aware of the Reporting Statute?

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Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member you are required to comply with the reporting requirements imposed by the Florida Legislature through the enactment of Florida Statute 720.3033 as amended on July 01, 2013 and that requires all HOA directors to verify that they are prepared and qualified to serve their respective association board in one of two ways.

The first option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.

The second option via §720.3033(1)(a) is that within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment. Furthermore, according to §720.3033(1)(b), the written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. It would behoove the newly elected or appointed board member to pay heed to this requirement because a director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension. However, as a side note, it would be prudent and diligent for the newly elected director to be familiar with and understand both their own associations governing documents and the Florida Statutes applicable to homeowner’s associations.

After you have complied with the reporting requirements of §720.3033, the association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action as provided in §720.3033(1)(c). It bears noting at this juncture that if for any reason you are removed from or surrender your position as a director prior to the termination of your elected term that you will have to re-certify upon being re-elected or appointed back on the board of directors in the same manner as your initial election or appointment.

If you have any questions about your homeowner’s association please feel free to schedule a consultation with one of the outstanding attorney’s at The Orlando Law Group PL.

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child

Changes in Circumstances Could Modify Your Florida Child Support

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A divorce or separation never an easy thing for anyone. The emotional and time toll that these proceedings take on a person can be utterly exhausting. Once the judge has made their decision and issued their legal judgement, is their decision with regard to child support arrangements final and unchangeable? The answer to that is; not necessarily. If there is a change in circumstances for one or both parents, child support could be reduced, increased, or otherwise altered as ordered by a judge.

Child support determinations are not set in stone. There are factors which can lead to a family law case being reopened, and an order for modification being entered as to exactly how much is owed for child support payments. Modifications to an existing child support ruling are sought when a substantial “change in circumstances” for one or both parents occurs. This alteration will either increase or decrease the amount of child support which is paid or received by a party.

What constitutes a substantial change in circumstances? The loss of a job, or a large promotion,  certainly springs to mind as a substantial change in circumstances which could alter the child support determinations. A less common change in circumstances could be winning the lottery or coming into a large inheritance. Any substantial increase or decrease in income could be seen by the court as cause to modify an existing ruling. However, it is more than just a change in either party’s income that merits such a modification. Rulings could be changed if expenses shift, such as an increase or decrease in the cost of daycare or health insurance for the child. Another example of an opportunity for child support modification comes when a child turns 18 and graduates from high school.

There is no exact amount that the income of a parent must change prior to the filing of a modification action. Whatever the change in circumstances or change in income may be, that change in income must reflect a change in the ordered child support amount of at least 15% or $50, whichever is greater. That change could be an increase or a decrease in the amount of child support you or the other party is required to pay. Note that child support agreements are never unchangeable. Depending on your or the other party’s change in circumstances, your child support agreements could be modified several times over the course of your child’s life.

Another factor which could be cause for modification of child support could be a substantial change in the pattern of parenting time spent by one parent, or the actual time spent with and caring for the child by a parent. For instance, the official timesharing schedule or parenting plan established by the courts may have both parents sharing exactly 50-50 timesharing, with one parent getting half of the time with the child and the other parent getting the remaining half of the time with the child. However, if, in reality, the mother is really getting 80% of the time with the child, and exercising the parental (and financial) responsibilities that come with caring for the child on a majority time basis, while the father is only getting 20% of the time with the child, were the mother to seek a modification of child support, the courts may recalculate child support based on the pattern of parenting time.

When it comes to divorced or separated families, requirements for child support payments are not the only factor that can be re-determined after a final judgement is issued by the court. Time sharing is also determined by the court, and can always be modified provided there is a substantial change in circumstances for one or both parents. The alleging party must prove that such a shift has occurred, and show the court evidence of the requested change, whether it be for an increase or decrease of timesharing, is in the best interest of the child. For example, if one parent gets a promotion at work which requires them to relocate 40 miles away from the other parent and the child, timesharing may need to be modified to accommodate for the further distance and travel time required. Ultimately, the courts focus on allotting child support, timesharing and other factors based on the welfare and best interests of the child.

Time and money are two factors that can prove daunting in the post-divorce or post-separation landscape. Note that until an order is officially and legally modified, terminated or vacated, the amount of child support ordered is owed and legally enforceable by the courts. Even if your ex-spouse/co-parent’s circumstances have changed, and whether or not you feel that you should not have to pay a certain amount of child support as a result of that change in circumstances, your child support obligations remain the same until an order modifying or terminating child support requirements is issued by a judge or magistrate.

Know that filing a petition to modify your existing child support agreement may not, and likely will not be, a quick and easy process. If you are seeking to modify your existing child support or timesharing arrangement, it is important to have the input of an experienced and knowledgeable attorney on your side. The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, 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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hammer

The Pros and Cons of Testamentary Trusts in Florida

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A trust is a formal arrangement made with a trusted person, or trustee, which conveys property as directed by you. Trusts can be created during your lifetime. These trusts are known as an inter vivos trust, or more commonly as a living trust. Such a trust remains in effect regardless of whether or not they contain property until your death.

But trusts can also be created upon your death. Such trusts are known as testamentary trusts, and as is the case with most everything in this world, there are positives and negatives that go along with it.

A testamentary trust is created through your Last Will and Testament. The trust is not actually created until the person that created the Last Will and Testament passes away. Upon their death, the trust is only then considered created and funded. As the Will does not go into effect until the time of your death, the trust also does not and is not funded until then. Generally, these trusts are created for young children, relatives with disabilities, and others who may be inheriting a large sum of money.

So, why should you create a testamentary trust?

THE PROS:

Testamentary trusts, as an item in your will, fall under the jurisdiction and oversight of the judge and the court. This gives your trust several extra pairs of eyes that determine whether legal requirements have been met. When a trust is created, a trustee is named, and that trustee is responsible for administering the trust according to its terms and on behalf of the beneficiaries. Court oversight ensures that your trustee will cooperate accordingly, should they violate a mandate of the court, or should they act in a manner that goes against your wishes or original purpose of creating the trust.

This is particularly helpful as it ensures that your wishes will be followed to the letter and that your beneficiaries will not have to deal with any daunting issues brought about by mistakes made by your trustee in fulfilling legal requirements.

Furthermore, unlike living trusts or inter vivos trusts, which are created while the creator of the trustee, or the trustor, is still alive, a testamentary trust is created through your Last Will and Testament. Rather than drafting an entirely new and separate document outside of your Last Will and Testament, your estate planning attorney will simply add additional language to your Last Will and Testament, often referred to as “testamentary trust language,” for a slight additional fee. This means that a testamentary trust is often less costly and more simple to create as compared to a living trust or inter vivos trust.

Funding a testamentary trust also tends to be far more simple than funding a living trust, as it is possible to include language in your Last Will and Testament which directs that the testamentary trust be funded by a life insurance policy that pays out when the creator of the Will dies.

A testamentary trust also allows its creator to maintain full control of their assets, such as their property or properties, until they pass away. Until they die, the creator of the trust may amend the terms of the trust or altogether revoke the testamentary trust.

THE CONS:

As this is an item in your Will, the trust is funded during probate, and thus will have to go through the sometime stressful and costly process of probate. During the probate proceedings, assets will be transferred to the trust by a probate lawyer. As the trust passes through probate court, the trust will be held to the Florida probate filing fee. Probate also takes time, with small estates lasting in probate court for a month or more, while medium-sized to larger estates can take several months or even years to process.

Also, the terms of your testamentary trust will be a matter of public record, so anyone can see what you are looking to do with your money. This can be a negative for anyone who values their privacy.

As with any trust, your decision as to who you will name as trustee is incredibly important,  as they will maintain a significant degree of control over the trust and its assets after you have passed away. You will want to make sure that you take the necessary time to consider who is the best choice to serve as trustee, and you will need to ensure that the person you select is trustworthy, reliable, and willing and able to perform the duties required of them as set in the trust.

At the end of the day, whether a testamentary trust or an inter vivos trust is right for you is primarily dependent upon your personal preference. Do you want to avoid probate? Do you think you’ll need court oversight? Is having your trust as a matter of public record problematic for you? Once you answer those questions for yourself, and once you consult with an experienced estate planning attorney as to all of your estate planning options and whether they are right for you and your goals, you will have a better understanding of what kind of trust you want, and how the process will work for you and your trustees.

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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memorial-day

This Memorial Day, Honor Our Veterans

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This Monday, Americans will honor the fallen soldiers of the United States Armed Forces on Memorial Day. Many see this holiday, and the weekend surrounding it as a time to take off from work, go to the beach and have bar-b-ques with friends and family. But Memorial Day is about so much more than that.

Memorial Day is a time to pay homage and show our respect to the brave men and women who have laid down their lives in the name of American freedom. Their selfless sacrifices afford us the ability to live free and happy lives. Our armed forces are to be commended, respected, and honored as the true heroes that they are.

This is one of the reasons that The Orlando Law Group takes cases of Veteran Law so seriously. When a soldier returns from combat injured or disabled, and unable to return to work, it is our duty as legal professionals to defend those rights. Many times, returning heroes of our military find their request for disability benefits denied by the Veterans Association.

It is our pledge to fight this legal battle and defend our soldiers with the same determination they used overseas to defend us.

If you are a veteran who has been denied your right to disability pay by the VA, call The Orlando Law Group at 407.512.4394 and schedule a consultation.

To all of our friends and clients, have a wonderful Memorial Day weekend. And to all of the veterans out there, from all of us at The Orlando Law Group, we thank you for your service and your bravery!

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wheelchair

A Social Security Disability Denial is NOT the End

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Social Security Disability benefits are a vital resource, yet most applicants are initially rejected. So, what does this mean? Should you just give up? Absolutely not! An initial denial is not the end of the road, it is the beginning of the process.

An application for Social Security Disability benefits should start with a conversation with an experienced attorney. They will be able to explain the filing process to you and gather any necessary documents/medical records that will be needed in filing your claim.

Applications should be started immediately after becoming disabled. You can apply either online or by scheduling an appointment with a Florida Social Security Administration representative. The claims representative assigned to you serves several functions. They answer any questions you may have, and also handle the paperwork needed to send to Disability Determination Services. The DDS makes the initial determination as to whether you meet the SSA’s requirements for being disabled, as well as the actual amount of benefits you could receive.

The first application can take up to six months. The examiner will comb through your relevant medical records and may also inquire as to your current condition. It is not uncommon at this stage to be asked to undertake a consultative medical examination or a questionnaire.

A second request for reconsideration will return your application to the examiner for a period of up to five months. The examiner will order any medical records and physician’s reports not included in the initial stage. Most requests for a second reconsideration are denied, and unfortunately, many people give up there. However, there is still hope.

At this stage, it is time to bring a legal expert into the fray, if you have not done so already. The third request for benefits is a hearing before an administrative law judge, which could take up to a year to happen. Your attorney will assemble a copy of your file and other medical records that have not been received by the Social Security Administration previously.

At this level, most claims are approved, but if not, there are additional appeal levels that can be taken.

If you are considering applying for Social Security Disability, or have been denied in the past, contact The Orlando Law Group at 407.512.4394 for a consultation.

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Car accident

What Should I Do After An Auto Accident

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Updated: June 2020

You’ve been in an automobile accident. Many emotions can run through your head during such a difficult moment. Shock, anxiety, even rage can occur following the sudden jarring impact of a vehicular collision. But your actions immediately following an accident can have a huge effect on what comes next, from a legal standpoint.

So, what are the Top 10 actions you should take following an automobile accident?

  1. 1. Do Not Leave: Leaving the scene of an accident before it is appropriate can have a huge impact on both the case and your life. If you flee the scene, you could be charged as a hit-and-run driver, which carries serious criminal penalties. Remember to always stay at the scene until reports have been filed.
  2. Health Check: Before determining property damage, be sure to check on everyone involved in the accident. If someone has sustained an injury, be sure to call for medical help first and foremost. This will ensure that the injured party receives care as fast as possible. If anyone is complaining of back or neck pain or appears to be unconscious, do not move them until medical professionals arrive on the scene.
  3. Alert the Police: The police need to be involved in any accident in which significant property damage, injury, or death has occurred. Once they arrive, you should request a police report be filed. Take careful note of who the responding officers are. Write down their names and badge numbers.
  4. Get Information: Make sure you gather information from all drivers involved in the accident. Names, phone numbers, addresses, drivers’ license numbers, license plate numbers and insurance policy info are all important. Make sure you know the names and phone numbers of any passengers involved as well. When speaking with another driver involved in the accident it is important to maintain a level head. Always stay cooperative.
  5. Speak with Witnesses: Talk to anyone who witnessed the accident. Get their names, phone numbers, and addresses. There are many free-to-use smartphone apps for voice recording. Record statements from witnesses on the scene. This can be useful evidence later on.
  6. Take Photos: Make sure you take photos at the scene to showcase the damage. Another best practice tip would be to take photos of your car now so that in the event of an accident you have a before and after image.
  7. Be Honest with Your Insurance Company: Make sure you report the accident to your insurance provider right away and be truthful with them. If the insurer finds out that you’ve lied about something, they could deny your coverage.
  8. Keep Track of Medical Treatment: Make sure that you keep a running log of any doctors and specialists you see in regard to injuries sustained in your accident. Keep a record of all medications, procedures, and bills accrued through treatment of these injuries. Keep a record of how your injuries have impacted your daily life to prove Pain and Suffering in a future court case.
  9. Watch What You Say: Immediately following the accident, while emotions are high, never apologize or admit to any fault. Such statements could be considered an admission of legal liability. In the following weeks, it is best not to discuss the accident with anyone outside of the authorities, your insurance company, and your attorney. If the other party’s insurance company tries to contact you, do not speak with them. Politely direct them to your attorney to arrange an interview.
  10. Hire an Attorney: This is perhaps the single most important action you can take following an accident. An experienced personal injury attorney is vital to maximizing your recovery efforts if you’ve been injured, or to defend you if you are at fault. The counsel and efforts of a personal injury lawyer will save you time and money as the case proceeds.

If you have been in an accident involving Uber or Lyft, make sure to give This Article a read. There we discuss if insurance coverage will apply to a ride-share accident.

The personal injury lawyers of The Orlando Law Group specialize in personal injury cases. Seeking legal representation before medical treatment advances is essential to the process. If you’ve been in an accident, call The Orlando Law Group today at 407.512.4394 and book a consultation with a personal injury attorney.

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baby

Know The Law When Adopting a Child

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Adoption is a beautiful way to grow your family. Taking in a child in need, either domestically or abroad is one of the most noble and rewarding experiences a parent can undertake. The process for adopting a child can be long and arduous, and mistakes can cause major setbacks, up to and including having the adoption disrupted. The presence of an adoption attorney can help you avoid these potentially disastrous consequences and welcome your new addition in peace.

When choosing to adopt a child, it’s important to familiarize yourself with the different types of adoptions available.

Domestic Child Adoption speaks of a scenario in which both you and the child you wish to adopt are residing within the United States. If the prospective parent and child reside within the same state, it is referred to as Domestic Intrastate Adoption. If they are in different states, it is referred to as Domestic Interstate Adoption. Adoption laws and regulations vary depending on the state or states involved and the level of cooperation received from the birth parents. Domestic Intrastate Adoption is often a far simpler process, as you only have to concern yourself with meeting the requirements of one state. There are some excellent resources online for finding information about adoption laws in each state. For instance, AdoptUSKids’ website, adoptuskids.org, provides an interactive map of state adoption and foster care information.

As to Florida’s adoption laws and requirements specifically, in Florida, adults who live and work in the state of Florida, are of sound character and are deemed able to care for and provide for a child may adopt. You do not have to be married in order to adopt – single adults as well as married couples may adopt in Florida. LGBTQ+ couples are also welcome to adopt in the state of Florida officially as of 2015. Adults with disabilities can also adopt a child, unless it is determined that an adult’s disabilities renders them unable to care for the child.

When you adopt a child from a country other than the one you reside in, that is referred to as International Child Adoption. This process is subject to the laws and regulations of your home state, the United States government, and the foreign government where the child is coming from. International Adoptions are also subject to the requirements of The Hague Convention, a treaty among member countries that sets internationally agreed-upon minimum procedures for all member country affiliated adoptions.

With both types of adoption, a Home Study must be successfully completed prior to taking custody. A Home Study is the require detailed evaluation of you, your spouse, your home and surrounding environment, and is conducted after you have completed your required training classes, submitted all necessary documentation and completed your application to adopt. This step is required for all domestic and international adoptions. The Home Study concludes with an official, written report by your caseworker with pertinent information regarding your family, background, education, daily life, references, background checks and more. Note that there are costs associated with the Home Study process, which differ depending on if you are working with a public agency, private agency, or certified social worker. It is possible to expedite the process by ensuring that you have properly prepared for the Home Study. Good preparation may include ensuring that you have or have access to all pertinent documents, making sure you have supplied complete and accurate information, and getting all of your paperwork and documents in on time.

In addition to the choice between International and Domestic Adoptions, you will also be faced with several other decisions that must be made. For instance, are you using a licensed adoption agency or is this a private adoption? Will you work with a facilitator who coordinates the adoption, or through the Foster Care system? Will you have an open adoption, in which the identity of the birth parents is known, or a closed adoption where no information on the birth family is given? Understanding the importance and consequences of each choice is vital and is yet another avenue where legal guidance comes into play.

It is certainly important to receive proper legal guidance on an upcoming adoption, but consulting with legal counsel is not the only important conversation(s) you should be having regarding the adoption. It is also crucial to make sure that you have thoroughly discussed the adoption with your close family, friends, and whoever will be assisting you in caring for and interacting with the child. Ensuring that you have thoroughly discussed the adoption and what it will mean for your family with any other children in the home is especially important. It may be wise to schedule a family counseling session with a counselor or family psychologist experienced in adoptions. Making sure that everyone in the family is aware of the steps and expectations that come with welcoming a new family member can be a great help in ensuring that the adoption is successful, and the new child’s needs and best interests are understood and taken into consideration.

Failure to understand the laws and rights of both the birth parents and the adopting family can cause a disruption to the process. If you are planning on adding to your family through adoption, it is important to seek legal aid before the process begins.

The Orlando Law Group is equipped with the knowledge and experience to aid in your quest to grow your family. The attorneys at The Orlando Law Group represent families throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with a family law issue or looking for some preventative family law services, 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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hammer

How Does Contempt Work in Family Cases?

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If you watch any court show, you’ve surely heard the word “contempt” tossed around. But do you know what it means? Contempt of Court is a provision that allows a judge to deincentivize and even punish individuals who are hindering the administration of justice. In cases of family law, contempt is particularly relevant. Often times, ex-spouses will violate or ignore court mandates such as child support payments, alimony, or visitation time due to spite against their former spouse. When such a situation occurs, a judge could find the offending party in contempt.

Contempt should be taken seriously. Potential consequences could range from fines to sanctions or evil incarceration.

There are two types of contempt, criminal and civil. In a case of criminal contempt, a “show cause” hearing must be held, in which the involved parties present sworn testimony and evidence in an attempt to show why one party should or should not be found in contempt. Criminal contempt can be both direct and indirect. A case of direct criminal contempt occurs when a party violates a court order in the presence of the court itself. For instance, if a Judge orders a party to stop bringing up irrelevant information, and the party willfully disobeys that order, they are in direct criminal contempt. Indirect criminal contempt occurs when a party fails to comply with a court order outside of the court. If the court orders one party to stop contacting the other, and they ignore this edict, they are in indirect criminal contempt.

Civil contempt is dependent upon a court ruling, stating that the offending party had the ability to comply, but refused to do so. Civil contempt courses also carry a “purge provision” in which a judge will lay out a particular action which, once undertaken, will eliminate the contempt. One example could be an ex-spouse who owes 6 months of back child support. Paying the back-owed amount could eliminate the contempt and any consequences that come with it.

If your former spouse has violated a court order, and is refusing to pay alimony, child support, or violates visitation rights, you may be able to petition the court to find them in civil contempt. The court could then fine or sanction your former spouse, or incarcerate them until he or she complies. A petition, however, does not automatically lead to a finding of civil contempt.

The presence of experienced legal counsel is vital to this process. A family law attorney comes to the table armed with the knowledge of court proceedings and knows how to properly bring the issue before a judge. There are many procedural rules that must be followed in cases of contempt, and evidence must be presented in a specific way.

The Orlando Law Group is experienced in such matters and will help you navigate the court’s contempt system to ensure that you receive the support you are legally entitled to. If you believe your ex-spouse might be in contempt, call The Orlando Law Group at 407.512.4394 to schedule a consultation.

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Fighting a Traffic Violation in Florida

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If you feel that you have been given an unjust violation, you can do more than just stew in anger over it. By pleading not guilty in traffic court, you can fight the violation and move to have the charges dropped. Once you receive a traffic violation, Florida courts give you 30 days to inform your county clerk of your intention to dispute the citation. Instructions regarding how you can fight the violation differ based on the county it was issued in. Normally, the ticket itself will have useful information printed on it, such as a phone number, address, and instructions as to how you can contact the court.

A traffic attorney can attend your court date with you, and aid in your position, seeking to prove that you did not violate a traffic law. Your attorney will work with you beforehand to gather evidence, witnesses, and explain all options to you as it pertains to the case. Florida courts will not appoint you an attorney in a traffic case. Those who do not hire an attorney will be representing themselves.

The day that you enter your plea is not necessarily the day that your trial will be held. You should always plan ahead for the potential of many trips to court before this matter is resolved. Once at trial, your attorney will be able to argue the law, call your witnesses, present evidence, and even question representatives from the police department. After both sides have presented their case, the judge will render judgment.

If you are found not guilty the issue is resolved. The ticket is dismissed, and you will not have to pay the fine. The violation will also vanish from your driving record. If you are found guilty, you will pay the fine and possibly any court fees associated with the case as well. A lawyer can usually negotiate penalties, and help to minimize your cost and repercussions.

Fighting a traffic violation can be a daunting process. If you walk in unprepared you might be setting yourself up for a costly failure which, in some cases, can lead to jail time. The Orlando Law Group will fight for your rights and your freedom. If you have a traffic violation you intend to fight, call us at 407.512.4394.

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How is Paternity Determined in Florida?

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When the mother and alleged father are in agreement as to the child’s parentage, they can sign what is known as a “Voluntary Acknowledgment of Paternity” form. When you sign this form, you are stating, under oath, that the man listed is the child’s legal father. Once signed, it takes 60 days for the acknowledgement to become final. After that initial period, neither parent can revoke it, unless they can present in court proof of fraud or extreme force used to get the signature.

When there is discrepancy or disagreement as to a child’s parentage, the mother or alleged father may petition the court to establish paternity. This process can be started by the mother, the man who has been identified as the father, the child through a legal representative, or the Florida Department of Child Services. Cases can be started before a child’s birth, but cannot be held until the child is born.

The court will order a genetic test to prove or disprove alleged paternity. Following the results of this examination, the judge may make orders as it pertains to child support, decision-making authority, parenting time, health insurance of the child, or payment of either party’s attorney fees and court costs.

If you are involved in a paternity dispute, the attorneys of The Orlando Law Group are here to help! Call us at 407.512.4394 to schedule a consultation!

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Spring is the perfect time to shed the chains that bind you and embark upon a new adventure. Whether it’s filing for bankruptcy, moving forward with your divorce, or starting the process of forming your own business, The Orlando Law Group has got you covered.

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Spring Clean Your Life!

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If you’ve been drowning in debt, then it might be time to consider filing for bankruptcy. Bankruptcy is the perfect way to get your financial life back on track, allowing you to erase your debt and repay your creditors. If you can prove that you are entitled to a declaration of bankruptcy, the court will grant you protection during your proceeding. The Orlando Law Group are specialists in Chapter 7 and Chapter 13 Bankruptcy and will walk you through every step of this important process. Divorce looms over unhappy marriages. It is that bridge many fear to walk over. Divorce is not the end of the world, though, and many couples find their lives to be improved by separating from a toxic situation. The divorce process can be tricky, though, and it’s always important to have a dedicated and experienced legal team on your side. The Orlando Law Group specializes in family law and would be proud to stand beside you.

Spring is also the perfect time to begin the process of starting your own business. Let your career bloom and grow beautifully by starting to move forward toward becoming your own boss. When creating a business, you first need to decide what type of company you’re looking for and then file all of the necessary paperwork to ensure that you’re set up and ready to begin raking in the cash. This is a complicated process, and one misfiled form could set you back in time and money. The Orlando Law Group has a vast array of business law services. For a full list, CLICK HERE.

Whether you’re attempting to sort out your personal or professional life, spring time represents the perfect season for your rebirth. Spring Clean your life with The Orlando Law Group! Call 407.512.4394 to schedule a consultation today!

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Use Your Tax Return To Take Control of Your Debt

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According to a study from CNSnews.com, the most common form of debt comes from mortgages, at 44%. Unpaid credit card balances come next with 39%. Car loans make up 37%, and student loans round out the list with 21%. These numbers are absolutely staggering, and a large portion of that 80% will never live to see themselves debt free.

This year, rather than use your tax return on something frivolous, invest in fixing your finances. Bankruptcy is a powerful tool that aids those struggling and drowning in their debt, offering a fresh start and a chance to correct the mistakes of their past.

People who reside, own property, or have a place of business in the United States may file for bankruptcy under Chapter 7. Chapter 13 enables debtors with regular income to create a plan to repay all or part of their debts to creditors over a three-to-five-year period.

The Orlando Law Group specializes in both Chapter 7 and Chapter 13 Bankruptcy, and will help you navigate this process, and get your financial life back on track! To book a consultation, call us at 407.512.4394.

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Couples fight about money. It happens in almost every relationship. Fighting over financial matters can lead couples to enter into the divorce process. Subsequent to a divorce, alimony and/or child support payments may be mandated by the court. But what happens to those domestic support obligations when the ex-spouse charged with paying them files for bankruptcy?

When someone files for bankruptcy, they might believe that all financial obligations will be wiped away. While bankruptcy is a powerful tool that aids in debt relief from creditors, this process does NOT apply to obligations of alimony and child support. This was well defined in a 2005 law, titled “The Bankruptcy Abuse Prevention and Consumer Protection Act” (BAPCPA). This law altered the relationships between debtors and creditors and changed many aspects of bankruptcy law, including how a domestic support obligation is the be handled.
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How Does Bankruptcy Affect Child Support Payments?

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The BAPCPA recognizes child support payments as financial support that is intended to maintain human life. Therefore, such monetary arrangements are highly prioritized and protected by the court system.

If your ex-spouse files for bankruptcy it is not a reason to worry. Bankruptcy will not eliminate child support payments, nor can it change the monthly amount you’re owed. What it will do is eliminate certain low-priority debt which will make it easier for your ex to make domestic support payments, including child support.

The attorneys of The Orlando Law Group are experts in both Chapter 7 and Chapter 13 bankruptcy, as well as Family Law. We stand at the ready to assist you through these processes and answer any and all questions you might have. Schedule a consultation today by calling 407.512.4394.

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When one thinks of guardianship, it is often associated with minors whose parents have died or become incapacitated. However, adult guardianship does exist and it is an important process in which to safeguard the assets and quality of life in an individual who has lost the ability to care for themselves.

When the court finds an individual’s ability to make informed decisions regarding their finances or personal care to be impaired, the right to make such decisions can be granted to another person. When this occurs, the individual whose affairs are being managed is known as the “Ward” and the person handling them is deemed the “Guardian.” 
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Adult Guardianship in Florida – What You Need to Know

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This process consists of three steps.

1.       The court must determine the proposed ward’s mental incapacity.

2.       The guardian must be officially appointed for the purpose of carrying out the Ward’s personal and/or financial affairs.

3.       Accounting must be provided to the court regarding the Ward’s affairs.

Florida law accounts for both voluntary and involuntary guardianships. Voluntary guardianships occur when the ward is mentally competent, but incapable of managing his or her own estate. They voluntarily petition for the appointment of a guardian.

Involuntary Guardianship occurs when another individual files a petition in Probate court, stating that the proposed ward lacks the mental or physical capacity to manage their own person and/or property.

Subsequent to the appointment of a guardian, the ward may lose some or all of following rights:

–          The right to Vote

–          The right to marry

–          The right to travel at will

–          The right to seek or retain employment

–          The right to have a driver’s license

There are several different forms of guardianship.

Guardianship of the Person:

–          The Ward has little or no assets that require guardianship, but their ability to make decisions such as medical care, housing arrangements, and personal care are in question.

–          Financial accountings are avoided; however, the court still requires an annual plan summarizing the previous year and detailing proposed care strategies for the following year.

Limited Guardianships and Guardianships of the Property

–          The individual in question is capable of making personal decisions, but incapable of making financial decisions.

–          Guardian oversees the proper management of assets and makes an annual accounting to the court.

–          Also occurs if a minor is beneficiary of an estate and inherits money.

–          Also applies to scenarios in which a lawsuit settlement is payable to someone under the age of 18.

–          Permission from the court would be required before these funds can be used.

–          The guardian is responsible for making annual accountings to the court.

Plenary Guardianship

–          The ward is incapable of making BOTH financial and personal care decisions.

–          Guardian will oversee all decision-making areas.

–          Guardian will solicit the court for permission to spend assets for the benefit of the ward.

–          Guardian is responsible for accounting the ward’s assets and care.

Guardian Advocacy

–          A developmentally disabled child turns 18 and is viewed as an adult in the eyes of the law.

–          Summary form of guardianship in which the ward’s prior condition and medical reports take the place of an incapacity determination.

–          Guardian Ad Litem attorney is appointed to represent the ward and their rights in court.

–          Guardian Ad Litem investigates what solutions would be in the best interest of the ward.

Guardianship can be a complicated and difficult process to navigate. The Orlando Law Group specializes in guardianship, and is ready to answer your questions. Call 407.512.4394 for more information, or to schedule a free consultation. 

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Probate, the process of obtaining the court’s approval to pass property as instructed in a Will, is often misunderstood. Many people toss the term as though it is something to be feared and avoided at all costs. As such, there are many unsubstantiated rumors regarding the probate process. Many of them are like any other myth: a shred of truth that has been expounded upon until it’s false.

Here are some of the top myths and rumors concerning Probate, and the truth of them:
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Debunking the Myths of Probate

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MYTH: The Probate Process Lasts for YEARS

Truth: The vast majority of estates actually pass through probate court quite quickly. There are some factors that could lead to an elongated process. Those include continued income generated by the estate (Like that of a celebrity), family fighting, or if the estate is massive in size.

MYTH: Avoiding Probate Saves Money on Taxes

Truth: Sorry, but no. Estate taxes are determined under the tax law, which exists separately from probate rules.

MYTH: Probate Will Eat Up Most of the Estate’s Funds

Truth: In most cases, probate costs less than five percent of the estate value. Even that is only the case when you’re actually required to go through for formal process. Not all estates are required to do it.

MYTH: All of an Estate’s Assets Pass Through Probate

Truth: Nope! Assets titled in your name are the only ones that will pass through probate. Any jointly titled assets will pass outside of probate to the surviving owner or owners. IRA’s, retirement plans, and life insurance plans will also pass outside of probate as per your designation of beneficiaries.

MYTH: My Information Will be Kept Confidential

Truth: Not true at all. Any information that passes through probate will be a matter of public record.

Probate is a highly detailed process, which most people do not have any in-depth knowledge of. For assistance in creating your Will, it is always best to seek the aid of an attorney. The Orlando Law Group stands at the ready to assist you through this process. Call 407.512.4394 to book a consultation today!

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Medical insurance is a large expense for employers who provide that benefit. However, if you have older employees then employers can save money on their medical insurance, which seems counterintuitive.

Employers can save $5,000-$11,000 per employee (65 or older) on health insurance just by making a few simple changes.

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Employers Can Save Big on Insurance Costs for Older Employees

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For Example : If the employer is paying $1,200/month for employee insurance – $14,400 per year.

Medicare Part B is: $121

Medicare Part D is: $32

Medicare Supplement is: $185

TOTAL COST: $338/month – $4,056 per year                   

SAVINGS TO EMPLOYER-$10,344

This new plan is good with ALL doctors that accept Medicare in the United States. There are no copays, no deductibles, no referrals, and no medical payments for the employee. Coverage is 100%. Even with incidental costs for the employer, such as extra tax, bookkeeping, etc. the savings are still well over $8,000 per year. 

Therefore, employers should investigate this option with an insurance professional to help both themselves and their employees.

Mitchell Gordon has been a certified independent licensed insurance broker/agent for 17 years. He provides coverage for life policies to include Term, Whole, IUL, and Final Expense. He also provides coverage for various annuities and health policies such as Long Term Care, Dental, and Critical Illness. Mitchell specializes in Medicare/Medicaid education. He works with physicians and practice managers to help educate their patients about their health plans. Mitchell also gives seminars for churches, schools, and homeowner associations at no cost.

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You’ve likely heard of Search Engine Optimization, commonly referred to as SEO. The term is tossed around modern day marketing meetings on a fairly consistent basis, but with little understanding for the commitment and work required to mount a successful campaign. Misinformation about SEO runs rampant throughout the marketing world. But, despite this, SEO remains one of the most important, successful, returnable marketing tools available today!

SEO is the process of altering the content of your website, using a variety of strategically chosen key terms, to raise your result standing on popular search engine platforms, such as Google.

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SEO is the Present and Future of Digital Marketing

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The benefits of SEO are obvious. If you are an insurance broker in Orlando Florida, you want the influx of business brought upon by customers performing a google search for the services that you offer and in your area. Often times, when looking for services, consumers will perform an internet search to comb through vendors in their area before asking for referrals from friends.

Being listed at number one not only puts you in front of more potential clients and customers, but it instills a sense of quality in their minds. Google is a very well respected company, and when they list you as the number one authority in your field, it is a stamp of approval that goes a long way for consumers.

Your SEO score can be improved through content tweaks, as stated above. We live in the era of content, and when it comes to digital marketing, content is king.

  • To begin a successful SEO campaign, first you have to identify which key search terms you want to be ranked for. This is done through careful research. It’s important to target high volume terms that many people are searching for, that are also relevant to your industry. Google has a number of tools available to aid in this research, detailing the monthly numbers of searches for any key term you enter.
  • Once you have a plan of attack, adjust the content of your website so that it falls in line with your research findings. Consistently create new blogs and update your website’s information pages to include the key terms you want to be ranked for. Words, phrases, and relevant information need to be peppered throughout your pages, shining like a beacon on a VERY crowded street. When someone performs a search, Google’s bots crawl the web gathering information. Your content needs to stand out amongst the crowd.
  • These bots also check your site’s metadata, the descriptive information built into your pages. It is important to have your metadata and title tags optimized. A common mistake that many people make is having a title tag that states who they are, and not what they do. Google already knows who you are. What it’s looking for when compiling search engine results is what you do. A title tag that says “Johnson’s Dental Associates” isn’t going to do much for you. But if your title tag reads “24 Hour Emergency Dentist Surgeon Orlando FL” then you’re letting Google know what you do, and that information goes toward your SEO ranking.
  • The final and most important step of the SEO process is backlink generation. This is the most time consuming and difficult piece. Google needs to see relevant websites linking back to you. Typically, SEO specialist marketing firms will submit link bearing content to a variety of directories in an attempt to have links published on various sites. Many companies attempt to cheat the system by creating dummy websites featuring links back to their main site, to trick Google into increasing their ranking. This worked…for a time. But Google caught on and now tactics like this will actually hurt your SEO score. Backlink generation and the time it requires is one of the biggest reasons to bring on a marketing firm to handle your ongoing monthly SEO efforts.

SEO is not an overnight process. There is no guaranteed timeframe for first-page penetration, nor is getting onto the first page assured. Each case is different, and matters such as competition, key term search volume and more come into play. Typically, we estimate seeing a return on investment in SEO at around the six-month mark.

Because of this, many companies choose to subsidize their SEO efforts with Google Adwords, a service offered by Google in which you bid on key words and pay based on the number of clicks you receive. Adwords begins working immediately, giving the SEO time to gain momentum. Then, once the SEO is providing a return on investment, Adwords can be phased out.

SEO is the present and future of digital marketing. We live in a Google search society, and as such, our standing in the world of SEO becomes more important by the day. SEO is not something you take on for a short time and then abandon. It is a living breathing thing that must be nurtured on a consistent basis. It is time-consuming consuming, and at times frustrating. But it also can be lucrative, empowering, and rewarding in the long-run! 

Rogan Marketing and Communications is a Full-Service Marketing firm, specializing in website design and creation, collateral creation, video production, social media management, branding, and more. For more information, visit www.roganmarketing.com, or call 407.601.0845. 

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A company’s employee handbook is a vital document that helps welcome new employees into the fold, while explaining the key expectations of their new employer. But when constructing such a significant tool that serves as the backbone of the onboarding process, it is important to watch your wording, so as not to unintentionally create a binding legal employment contract.
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Does Your Employee Handbook Negate Your At-Will Status?

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Florida is an “at-will” state, meaning an employer has the right to terminate an employee without having to establish just cause, and without warning. The only employees who this would not apply to are those protected by a legal employment contract. A contract might provide a period of time in which an employee can only be terminated for limited reasons, as outlined. This can be a powerful bargaining tool when trying to woo a strong prospect with an offer of job security.

The wording of your employee handbook is so important, as one or two sentences could turn the document from an informative onboarding tool into a legal contract that ties the hands of an employer. Creating a contract through implication can occur with something as simple as stating that employment will be terminated if there is “good cause,” or making promises of job security for employees who do “good work”. One or two words of careless copy could land you in a mountain of legal trouble.  

When a probationary period is outlined in an employee handbook, it could create an implied contract. A court might interpret the transition from probationary employee to permanent employee to imply job security, and thus the permanent employee cannot be terminated at will.

It is also important to note your disciplinary policies. If you state that employees can only be fired for certain instances of outlined misconduct, and will undergo a series of warnings, write-ups, and documented coachings, a court could require you to live up to that. If an employee is released for a reason not outlined in the official policy, or if a step in procedure was skipped, that employee could sue you for breach of contract.

A simple fluffy statement like “hardworking employees will always have a job here,” can be seen by a court as a promise of job security. This would necessitate the presence of “good cause” for termination, effectively neutering your “at-will” rights from a legal standpoint.

When drafting an employee handbook, you should avoid any and all language that could be perceived as a promise of job security. Outline your rights as an at-will employer in the handbook, clearly stating that nothing found within is meant to be taken as a contract for employment. Finally, ensure that you are fully protected by requiring employees to sign an acknowledgement form, which states that they understand their employment is at-will and can be terminated at any time for any reason.

The Orlando Law Group stands at the ready to aid businesses in creating and reviewing business policies. If you are establishing a business, or simply looking to review your current employment policies, call The Orlando Law Group at 407.512.4394 for a consultation.

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As a business owner, it is very easy to be caught up in the here and now. These papers must be filed NOW. These spreadsheets must be completed NOW. Deadlines rule all. But life’s greatest deadline comes at the end of the road, and if a business owner suddenly becomes incapacitated or dies, decades of hard work could be undermined. All the undue strife that can befall the associates and loved ones of an ill-prepared business owner can be prevented easily with the presence of a strong estate plan.

While many believe estate plans to be contributed to an individual’s personal wealth, they also apply to business holdings and assets. The creation of an estate plan which includes entrepreneurial interests can be composed of a great many documents, all of which require years of careful planning.
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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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One of the most important decisions a person can make in regards to their estate plan is the choosing of an executor to carry out their wishes after they are gone. Choosing the right executor for your estate will help to make the transition seamless for your loved ones, and ensure that your wishes are met. So, what should one look for when assigning this vital role? What are the qualities that make an executor great? How can you select someone with full confidence, knowing that they will uphold your orders when you are not there to enforce them?

An executor is the person or institution selected by you, that will carry out your final wishes and administer your estate after you have died. Some of the duties that fall to this important position include: filing court papers, beginning the process of probate, utilizing the funds of your estate to settle outstanding debts and funeral costs, putting together an inventory of your estate, seeing to outstanding details like notifying government agencies of your death and terminating credit cards, preparing and filing income tax returns, and distributing your assets to the beneficiaries you’ve named in your will.
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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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Divorce is not an easy process. Cleaving yourself from an unhealthy marriage can be costly, emotionally draining, and long. But the old adage states that a journey of 1,000 miles begins with a single step, and in terms of divorce, the first step is making a decision that it is time for a change. Ending your marriage ranks up there as one of the most difficult decisions a person can make. Many couples struggle with the decision for months and years before finally making the move. If you are at this crossroad, ask yourself if any of these five signs of a failing marriage are present in your life.
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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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Guest Blog By Wanda Talley Schebel, CPA

Often, your CPA and your attorney are the ones most involved with handling your confidential financial information. Your attorney can help you draw up plans, establish trust accounts and delegate beneficiaries. Since your accountant regularly has access to your financial information, they can help guide you through following the plans as they are put into place. Your CPA typically advises on how to minimize tax liabilities through gift giving, insurance policies, trust accounts, and handling after death financial responsibilities. 

 

Estate planning does not have to be expensive. Your plan will develop and change as your needs and financial situations change. Most people don’t give it much thought and most people have good intentions, but an innocent mistake can create problems for your family.

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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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Another year is coming to a close, and 2016 has been an eventful climate to say the least! The Orlando Law Group encourages all of you to look beyond the things you cannot change, and focus in on yourselves. Make resolutions for the new year, and resolve to actually keep them. Many people look upon the changing of a calendar as a fresh start, so make the most of it! Instead of focusing on the negative, think upon the positive. What good has 2016 brought into your life? What can you do in 2017 to spin your hardships into a positive? Make your resolutions manageable and achievable. Set realistic goals and celebrate when you accomplish them! 
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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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Bad times fall upon us all. Whether we’re embroiled in a messy divorce, custody hearing, criminal or civil suit, or just planning a will and estate plan, the question always comes up: “Do I really need a lawyer?” The presence of skilled and experienced counsel is vital to a successful legal process. Attorneys help their clients save money, avoid jail time, manage plea bargains, and dodge the headaches often caused by improperly filed paperwork. Here are the Top Five Reasons to Hire an Attorney to assist in your legal matters. 
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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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OLG Attorneys Lay Down The Law For Middle School Students

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At The Orlando Law Group, we aid our clients in various situations ranging from estate planning to business law, family issues, elder law, veteran law and more. Sometimes, events such as these can seem daunting and overwhelming, but on days like today, when Americans gather to give thanks, it’s important to focus on the positive and look to the future with thankful optimism.

Former Prime Minister of the United Kingdom Winston Churchill once said, “a pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.” In fact, there are many studies that associate optimism with improvements to the immune system, preventing chronic diseases and helping people to cope with unfortunate news.
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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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When it comes to dividing up your property and assets, the question becomes do you need a living trust or a will? The simple answer is that you might require both, depending on the size of your estate and the amount of control you would like to exert over the process.
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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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Many times, veterans of the United States Military, who fight to defend our freedom overseas, return home with injuries sustained in the line of duty which prevent them from returning to the workforce. When this happens, they are owed disability pay. Unfortunately, it is estimated that nearly 70% of all veteran disability claims filed are initially denied by the Department of Veterans Affairs. What follows can be a long nightmare filled with paperwork, appeals and a lot of anguish. Hiring an attorney skilled in veteran law can help make this process easier and faster.
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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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