Blog Archives - Page 9 of 15 - The Orlando Law Group

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!

November 2, 2017/by The Orlando Law Group

Use Your Tax Return To Take Control of Your Debt

All posts, Consumer Law

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.

November 2, 2017/by The Orlando Law Group

How Does Bankruptcy Affect Child Support Payments?

All posts, Bankruptcy

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.

November 2, 2017/by The Orlando Law Group

Adult Guardianship in Florida – What You Need to Know

All posts, Family Law

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.

May 2, 2017/by The Orlando Law Group

Debunking the Myths of Probate

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!

May 2, 2017/by The Orlando Law Group

Employers Can Save Big on Insurance Costs for Older Employees

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.

May 2, 2017/by The Orlando Law Group

SEO is the Present and Future of Digital Marketing

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.

May 2, 2017/by The Orlando Law Group

Does Your Employee Handbook Negate Your At-Will Status?

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.

May 2, 2017/by The Orlando Law Group

Protect Business Assets in Your Estate Plan

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!

May 2, 2017/by The Orlando Law Group

How to Choose the Best Executor for Your Estate

By Jeffrey W. Smith - The Orlando Law Group

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.

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.

February 18, 2023/by 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.

Looking 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.

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

All posts, Consumer Law

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.

July 26, 2017/by The Orlando Law Group

Top 5 Signs That You Should Consider Divorce

All posts, Family Law

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.

October 17, 2023/by The Orlando Law Group

CPA’s and Attorneys Partner to Aid Your Estate Plan

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.

August 9, 2023/by The Orlando Law Group

Seek Out The Positive in 2017!

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!

May 2, 2017/by The Orlando Law Group

Top Five Reasons To Hire An Attorney

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.

May 2, 2017/by The Orlando Law Group

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OLG Attorneys Lay Down The Law For Middle School Students

May 2, 2017/by The Orlando Law Group

The Importance of Giving Thanks

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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!

May 2, 2017/by The Orlando Law Group

Living Trust vs. Will: Know the Differences

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.

February 18, 2023/by The Orlando Law Group

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.

May 2, 2017/by The Orlando Law Group

An Immigration Lawyer Can Help Make You a US Citizen

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

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

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

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

May 2, 2017/by The Orlando Law Group

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

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

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

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

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

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

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

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

November 2, 2017/by The Orlando Law Group

Steps for Successful Business Succession Planning

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

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

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

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

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

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

May 2, 2017/by The Orlando Law Group

Florida Supreme Court Makes Decisions In Workers’ Compensation

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April 27, 2017/by The Orlando Law Group

HOA – Home Owners Associations

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April 27, 2017/by The Orlando Law Group

What Is A Buy/Sell Agreement?