Often times, a community association relies on an attorney to assist with the modification of its governing documents, and to provide answers to questions that affect not only the rights of the community association but its members as well. There are certain documents that must be completed by an attorney, based on the fact that they involve the interpretation of Florida Statutes while requiring a level of legal expertise and a familiarity with […]
Today we honor the life of Martin Luther King, Jr. MLK gave society an understanding of what it is like to be unheard and treated wrongly in an unfair world. Fifty-two years later, we as a country are still fighting the wars against racism and inhuman acts. In his “Letter from a Birmingham Jail” dated April 16, 1963, Martin Luther King Jr., notes, “Injustice […]
We love providing you with valuable legal information through the articles in our blog. In 2019 we spent time focusing on the diverse array of legal practice areas we service. This year, we explored topics ranging from long-standing fields like “personal injury” to relatively new focus areas like “student loan law.” We covered important issues […]
Table of Contents Overview What is bullying? Who is at risk of being bullied? Who is at risk of becoming a bully? What are the effects of bullying? How can I stop a bully? Can a lawyer help if your child is being bullied? Overview An unfortunate condition in our society is that bullying happens. […]
What is Wholesaling Real Estate? Investing in real estate is an efficient way to make money and to diversify your investment portfolio. There are many different types of investment strategies that are commonly used to make money in the real estate industry. When people are starting, the difficulty is often “how am I going to […]
The Fair Labor Standards Act (FLSA) establishes a minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and Federal, State, and local governments. Unless you fit into an exemption, the Fair Labor Standards Act (FLSA) requires virtually all employers to pay employees at least the federal minimum wage for each hour worked […]
By Attorney Sophia Dean The Student Debt Crisis in Numbers There are various reasons which prevent people from being able to make their student loan payments. As of 2019, Americans collectively owe over $1.56 Trillion in student loan debt. This is spread out by nearly 45 million individuals who are paying back their student loans. […]
The Orlando Law Group Welcomes Another Excellent Attorney Orlando, FL (September 6, 2019) – The Orlando Law Group is proud to announce the addition of attorney M. Florence King to the firm. King brings a plethora of leadership, along with 15 years of experience working predominantly within the community association industry. A graduate of Ave […]
A reverse mortgage is a loan available to homeowners age 62 years or older, that allows a homeowner to borrow against the equity they have in their house in the form of a lump sum, fixed monthly payment, or line of credit. Unlike a typical mortgage, with a reverse mortgage, the bank pays the owner […]
In today’s age, people of all ages are very active online- whether it be connecting with family and friends, sharing what they are doing and where they are doing it, sharing photos and videos from their mobile device, or building online profiles which describe who they are. While the internet has made it easy to […]
This month we celebrate the tenth anniversary of The Orlando Law Group. On August 8, 2009, I took a leap of faith that the Central Florida region would benefit from a law firm that puts people first and cares deeply about the community. We knew our clients wanted a firm staffed with attorneys who precisely […]
In Florida, courts adhere to public policy when shaping a time-sharing schedule. This policy states that each minor child should have frequent and continuing contact with both parents during a separation and after a marriage is dissolved. The court adheres to the notion that parental responsibility is shared by both parents unless the court finds […]
Divorce can be an overwhelming process, especially if a parent doesn’t understand the reasoning and methodology behind the court’s decisions. One decision that many people must deal with is the courts’ decision on the custody arrangement. When the amount of time you spend with your child is at issue, it often helps to understand the […]
Regarding the Florida Medical Marijuana Law, what defines “marijuana?” “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC […]
Texting and driving can be a dangerous combination. In a 2014 report, the US Department of Transportation National Highway Traffic Safety Administration studied data from 2012. The data revealed that distracted driving was associated with 3300 deaths and 421,000 injuries in collisions in the US; much of the evidence in these cases suggests that smartphone […]
By Attorney Jarrod Etheridge The Florida Real Estate Commission (FREC) has published the final version of Rule 61J2-10.026, which governs group or team advertising. This new FREC Team Advertising Rules impact office procedures and team advertising. New FREC Team Advertising Rules go into effect July 1, 2019 Effective July 1, 2019, this rule is set […]
Immigration for Foreign Workers Coming to the US Global marketing is no longer reserved for brands with deep pockets. Many Foreign businesses are expanding into international markets, and all of them eventually find themselves at the doorsteps of the United States, the world’s largest market. With this comes the relocation of employees, and the process […]
Depending upon your child’s needs, obtaining the initial Individualized Education Plan or sometimes known as an Individualized education program (IEP) may be a simple process or a little more challenging, depending on specific conditions. Regardless, the first step is to begin gathering medical records and samples of your child’s work, which may include tests, graded […]
Each year, on May 1, we celebrate Law Day. This is a national day that was established to celebrate the rule of law. On Law Day, we seek to better understand how our liberty is protected through the legal process and the practice of law. Also on Law Day, we explore how the American society […]
By Jarrod Etheridge When purchasing a piece of property, it is important to consider a variety of factors, including the animals, like the gopher tortoise, that inhabit the landscape. If any endangered or threatened species reside on that property, be prepared for a long and potentially expensive process. This includes the gopher tortoise, who are […]
By Jarrod Etheridge What is the PACE Program? When a homeowner is looking to upgrade their home to solar energy, the first step is to determine exactly how the project will be paid for Since most people typically do not have thousands of dollars in their rainy day fund, many people will require a loan […]
By Jarrod Etheridge A new House Bill, if passed, would allow for Online Notary Public services If you have ever been involved in a lawsuit, filed for divorce, bought or sold a house, etc., you have probably had a few interactions with a Florida Notary. A Notary Public is an official appointed by the Governor […]
The Orlando Law Group’s focus on offering full-service law practice areas shown massive support with the opening of a new law office and a dedicated team of attorneys. The opening represents the Orlando law firm’s fourth office in Central Florida. Winter Garden, Florida – April 2, 2019 The Orlando Law Group (OLG) announced the opening […]
What is a Lady Bird Deed and why is it beneficial? Florida is one of only a handful of states that recognize a Lady Bird Deed. A person who creates a Lady Bird Deed, also known as an Enhanced Life Estate Deed, transfers property to himself for his lifetime, creating a life estate in the […]
By Attorney Marsha Summersill What is a narcissist? A narcissist is someone characterized as having a narcissistic personality disorder. This disorder is defined by psychologists as a mental condition in which an individual has an inflated sense of self-importance, an insatiable need for outside attention has difficulty in relationships, and has a clearly defined lack […]
By Attorney Christie Mitchell When you go to court, you can expect that the judge that is hearing your case is impartial and will treat both sides in a fair manner. While having an unbiased judge is almost exclusively the case, there could be a time where you believe your judge is biased. The bias […]
The phrase “student loans” strikes fear in the hearts of most people nowadays. Many are facing high payments coupled with employment that doesn’t pay as expected or as the student had hoped it would. Now what? Chapter 13 bankruptcy may be an option. Why student loans in Chapter 13 bankruptcy could provide relief. It’s a […]
How Bankruptcies Work By definition, bankruptcies are legal and financial arrangements designed to provide a person or business with temporary relief from their debt. The bankruptcy gives the individual or company (referred to as the debtor) time and flexibility to better organize their ability to pay their debt and other financial obligations. Part of the […]
Nobody is ignorant of the fact that the internet and social media is dominating this generation. Virtually every age group spends hours online each day whether it is for work or scrolling Facebook or Instagram. Unfortunately, there are many people who use the internet and social media to bully others. Far too often these bullies are […]
How Probate Law works People hear the words Probate Law and automatically get fearful of what they think it means. Probate law is a court-supervised process where often the courts will appoint an administrator. They are responsible for administering the estate. This includes identifying and gathering the assets of a deceased person (decedent), paying the […]
Orlando, FL (January 14, 2019) – The Orlando Law Group is continuing on their path as one of the top 500 fastest growing law firms in the country with the addition of three new attorneys to their team. Cameron White is an experienced business and real estate attorney who was a golf professional prior to […]
Airbnb Miami Beach property owners face another setback An appeals court in Miami Beach has overturned a temporary injunction that prevented the city from cracking down on short-term rentals like Airbnb Miami Beach properties. The injunction was a small victory for Airbnb in a bigger fight against the city that has the potential to put […]
“Smart speakers” raise concerns about invasion of privacy. The in-home integration and use of a device known as a “smart speaker” or “voice-controlled digital personal assistant” is rapidly growing. But new information about how companies like Amazon monitor, listen, record, and save your personal conversations, even when you are not specifically using the device, is […]
In a complaint to the Florida Health Department against a West Palm Beach surgeon, it is cited that during surgery, the surgeon mistook a woman’s healthy kidney for a tumor and errantly removed the organ. The complaint cites that the patient was undergoing a routine back surgery when the surgeon “noted a pelvic mass and provided […]
OLG LEGAL COMMENTARY: Attorney Christina Miner It’s important to understand that even though there are things that you should leave out of your will, drafting your last will and testament is one of the most important steps one can take. The will identifies how you want your property and assets divided and who you want […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner What is a Lady Bird Deed? Also known as an enhanced life estate deed or a ladybird deed, a Lady Bird Deed is a way to transfer property to someone else outside of probate, and it allows the original owner to retain control of the […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner In today’s society, cell phones are like an appendage. People sleep with their phone by their side and rarely leave home without it. Unsurprisingly, police utilized this ever present companion as a significant investigative tool, with help from the Third Party Doctrine. In brief, the […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner Whether you are a member living within a development governed by a homeowners association (“HOA”) or a condominium owners association (COA) and interested in installing solar panels on your home, or a member of the Board of Directors of a HOA, COA, or its respective […]
OLG LEGAL COMMENTARY: Attorney Christina Miner At a recent speaking engagement, I shared my own personal family story about the dangers of not being prepared for one’s own mortality – and how that lack of preparation effects one’s family. My grandparents, you see, were in a horrific car accident in 1994 in South Florida. My […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner It may be difficult to ascertain what exactly has changed under the new Tax Cuts and Jobs Act and how these changes may affect real estate tax for home owners and real estate investors. This article will provide an overview of how the new Tax Cuts and Jobs Act will […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner It may be difficult to ascertain what exactly has changed under the new Tax Cuts and Jobs Act and how these changes may affect you and your business. This article will provide an overview of how the new tax law will affect business, whether you are […]
OLG LEGAL COMMENTARY: Jennifer Englert OLG Founder & Managing Partner The Tax Cuts and Jobs Act is a congressional revenue act that implements many changes including reduced tax rates for businesses and individuals. Of particular interest is a part of the new law that relates to the taxation of spousal support payments, commonly known as alimony as well […]
OLG LEGAL COMMENTARY: Jeffrey W. Smith, Attorney While summertime is typically that jovial part of the year when families get together to travel on trips near and far, sometimes for weeks at a time, that is not necessarily the case for the millions of families with children that have gone through the divorce process. Unfortunately, […]
OLG LEGAL COMMENTARY: Attorney Brian Dunmire One of the most frustrating and frightening experiences you can go through is getting chronically sick with symptoms that linger indefinitely and having no idea what’s causing your illness. Everyone gets sick now and then, but we’re accustomed to a cycle where the symptoms start gradually, peak after a […]
The Orlando Law Group officially opens its first-ever Seminole County location with an open house and ribbon cutting this afternoon [Wednesday, April 25] from 4-7 p.m. The office — OLG’s fourth throughout Central Florida — is located in Altamonte Springs, just north of the 434/436 intersection. Housed in The Oasis office complex [at 940 Centre […]
Attorney Jeffrey W. Smith recently represented The Orlando Law Group when he participated in the Pig Run of Lake Nona — a 5K run for The B.A.C.O.N. Foundation [The Big Awesome Charity of Nona]. All proceeds of the run were donated by the BACON Foundation to the Nemours Children’s Hospital “Child Life” Program and Camp […]
OLG LEGAL COMMENTARY: Managing Partner Jennifer Englert Florida has garnered a reputation as being one of the most amicable states for homeschoolers, with numerous statutorily recognized options that place homeschooling on the same legal footing as public or private schools. As of November 2016, Florida boasted 75,000 students being homeschooled, and, according to an article […]
ORLANDO, Florida — OLG attorney Sophia Dean earned a positive ruling following a recent highly-contested hearing, in which an Orange County judge ruled in favor of Dean’s client, and subsequently awarded $42,000 to them. Following a tedious and extensive legal process, the judge ruled that 63 days is three days too late for a second […]
High on the List of Fastest Growing Law Firms in the United States CLICK HERE for the official release. Orlando, Florida, October 4, 2017 – On Tuesday, September 19, 2017, the Law Firm 500 Award committee announced the list of 2017 Honorees. Ranking The Orlando Law Group #105 on its 2nd Annual Law Firm 500 […]
OLG LEGAL COMMENTARY: Attorney Brian Dunmire I have had big cases before, and, with those, big victories for my clients. But truth be told, as a personal injury attorney, some of my largest victories were on low-value cases. That, in of itself, can be surprising to people – especially those who might have preconceived notions […]
OLG LEGAL COMMENTARY: Since Hurricane Irma hit just a few months ago, Florida has seen a continuous increase in attorney advertisements for “hurricane damage” claim denials. By now, for example, you have likely seen billboards up and down our roads stating, “Claim Denied? … Hurricane Lawyer.” For many a homeowner, it may seem obvious to […]
OLG LEGAL COMMENTARY: Attorney Sophia Dean I often use the analogy that choosing to file for bankruptcy is like choosing to get liposuction. When you want to lose body fat, you have a choice: You can continue to work out, and keep trying to lose the weight, or, you can go get liposuction, and lose […]
Jennifer Englert has grown The Orlando Law Group through the years to allow her team to provide legal assistance to residents of many Central Florida neighborhoods. Eight years ago, Jennifer Englert and another attorney founded The Orlando Law Group in Avalon Park with a mission to be the area’s “neighborhood” attorneys. They balanced community involvement […]
There are many factors you should consider before hiring a lawyer. The truth is that law is a complicated matter. Some legal matters such as fighting a speeding ticket do not necessarily require you to hire an attorney. However, if you are charged with driving under the influence (DUI) or other serious crimes, you should […]
The new workplace isn’t really a place, it’s more a state of mind. You jump from meeting to meeting, talk over lunch, pitch over drinks, and create a “pop-up office” anywhere that has a place for your laptop or tablet, and of course Wi-Fi. For some who think smart logistically, you will manage to schedule […]
How to make your board meeting more productive Many board meetings are actually “bored” meetings. Leadership brings together their board members only to quickly present the material so they can get back to their “real” work. Without realizing it, you’re doing the company a disservice as the value of your board, if you have the […]
By Beth Kassab, The Orlando Sentinel A state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members. The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a […]
The qualifications necessary for an individual to be able to obtain a concealed carry license in the state of Florida are found in Fla. Stat. 790.06. For purposes of obtaining a concealed carry license, Fla. Stat. 790.06 defines concealed firearms and/or weapons as handguns, electronic weapon or devise, tear gas gun, knife or billie club […]
Recently, as Hurricane Irma was closing in on Florida, Governor Scott issued a proclamation (not to be confused with “states of emergency” that are declared by local authorities under F. S. 870.044) and ordered the evacuation of certain areas of the state. As we are all now accustomed to scenes of rioting and looting during […]
When selling a firearm, there is a lot of regulation; however, most of it is designed for transactions between Federally Licensed Firearms Dealers (FFL) and private citizens. The good news is that when selling a firearm is conducted between two private citizens, the rules are simple and there is no wait time, but there are […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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’ve gone through a divorce, which is never an easy thing for anyone. The emotional and time toll that these proceedings take on a person can be utterly exhausting. But once the judge bangs the final gavel, is there more to do, save fulfill your court-mandated obligations? Well, if children are involved, the answer to […]
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, which is known as an inter vivos trust. But trusts can also be created upon your death. Such trusts are known as testamentary trusts, and as is the […]
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. […]
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 […]
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 […]
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 adoption can be long and arduous, and mistakes can cause major setbacks, up to and including having the adoption disrupted. […]
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, […]
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
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.
Spring has officially sprung. This season of warming weather is seen by many as a time of rebirth. Flowers bloom, the winter melts away, trees blossom, and the days become longer. One common springtime ritual is that of spring cleaning. Many see this period of rebirth as a time to clean out their lives, get rid of excess trash from the home, and make their possessions sparkle like new. At The Orlando Law Group, we invite you to extend this concept into your personal and professional worlds and take this opportunity to clean out your life from a legal standpoint. 
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.
It’s tax season once again! While many are seeing some nice hefty checks arrive in their mailbox from the federal and state levels of government, too few use that money to help aid their financial future. Investing in a bankruptcy attorney could help you escape the shackles of debt and give you a second chance in the financial world!Debt continues to haunt the lives of Americans, with a 2015 study stating that a whopping 80% of the American population are in debt.
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.
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.”
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:
By Mitchell Gordon – President of Gordon Insurance Group
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.
Guest Blog By Rogan Marketing and Communications
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.
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.
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.
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.
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.
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.
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.
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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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! 
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. Maytel Sorondo and Jeffrey W. Smith, attorneys for The Orlando Law Group, shared their personal stories from middle school to law school at a recent Teach-In event which took place at Lake Nona Middle School. They connected 7th-grade Civics, from King John’s Magna Carta to the U.S. Constitution and following the Rule of Law, to what they do everyday.
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Updating your estate plan might seem easy to put off until another day, but it is always important to keep this vital document up to date. Major life events necessitate changes that will prove important for you and your loved ones for years to come! An estate is comprised of the money, property and assets of an individual. Estate planning is the process of anticipating and arranging the management and disposal of your estate both during your life and after death. As such, this document is not something to draft once and then never look at again. As your life changes, so does your estate plan. The following are seven examples of major life events that necessitate the updating of your estate plan:
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.
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.{youtube}nuvP0yGbNnI|300|200|0{/youtube}
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.{youtube}FwuIZl53eRg|300|200|0{/youtube}
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America has been and always will be the land of opportunity. This is a country that many dream of and journey to in an attempt to secure their own futures, as well as prosperity for their families. But immigration law can be a harrowing field to journey through on one’s own. Attorneys who specialize in immigration law are an invaluable resource in your quest to attain permanent residency and US citizenship.A good immigration lawyer will aid in organizing and explaining the various documents, details, and practices involved in obtaining a green card. The immigration attorney will help you sort through the dozens of documents and laws you have to be aware of. Your lawyer will also assist in filing the proper documentation for a green card or citizenship.
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When starting a business, whether online or at a physical location, it’s important to remember one simple truth. A business attorney is essential for the safety and success of your company.It’s typical for new business owners to focus primarily on things like marketing, staffing, and sales, but establishing a relationship with a trusted attorney early on helps to head off potential issues before they arise. Most new companies don’t approach a law firm until they’re already being sued, and by then it may be too late!
There are a plethora of vital tasks a firm such as The Orlando Law group tirelessly undertakes for business owners that range from important agreements, to mergers and acquisitions, to succession planning and more.
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Everything that has a beginning also has an end. This old adage rings especially true in reference to business ventures.The companies that we breathe life into through ingenuity and elbow grease can be a legacy we leave behind at the end of our careers. Will you be prepared for retirement? Who takes control of your company when you ride off into the sunset? These questions can be easily answered by a well laid out succession plan.
There is no end-all instruction manual for planning a smooth succession, however, the following steps are widely accepted best practices which should be implemented to ensure this transitional period has every advantage going in.
By Heather A. McLeod, The Orlando Law Group, PL
Published in “Building Central Florida” Magazine
On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014. So, these cases sat pending for 540 days and 735 days respectively since oral argument. These two decisions have now turned back the clock on major provisions of the workers’ compensation law.In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in 2003 as such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits.
In coming to this ruling, the Court explained that the attorney’s fees in Florida workers’ compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.
The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers’ compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights. To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the prerequisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement. Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.
The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260-week limit on temporary total benefits that existed in the pre-1994 version of the statute.
WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS?
As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee.
We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.
With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated.” Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal. In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial.
Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible. Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers’ compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So it will now cost the employer more for policies and they will be faced with increased claim exposure.
WHAT CAN BE DONE TO MINIMIZE THE IMPACT?
It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement. Investigating the claim as soon as reported will provide valuable information about the accident, the alleged injuries and also information as to the employee’s prior accident history. All these facts are crucial to making the best decision for the handling of the claim.
The best way to minimize the attorney fee issue is to make the correct decision and not owe a fee at all. The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.
The Orlando Law Group is proud to represent Homeowners Associations from all over Central Florida. The goals of our dedicated attorneys are to provide outstanding legal services at a fair price while tending to all of your association’s unique needs. Every Homeowner’s Association is different but they all need to assure the timely, uniform, and consistent enforcement of association policies. We will deliver personal attention and legal services tailored to the individual needs of your Association
We have experience with all types of law pertaining to Home Owners Associations. Examples of services we can provide for your Homeowners Association:
• Reviewing, drafting, and amending all contracts, policies and procedures, by laws etc.
• Rule Enforcement, such as easements and covenants
• Legal Counsel on all day-to-day Operational Decisions of the Association
• General legal counsel regarding statutes, rules and regulations for homeowners and condo associations in Florida
• HOA Collections
• Annual Meetings & Elections
• Mediations, Arbitrations, Litigation & Dispute Resolution
• Construction Defect Claims
• Community Association Administration and Operations
• Review of short sale packages
• Assessment lien enforcement and foreclosure
• Advice on employment issues
• Work on leases of any property HOA owns
• Representation before the Department of Business and Professional Regulation
• Any other type of legal aid that is needed
Call us today to see if we are a good fit to represent your Homeowner’s Association. We look forward to speaking with you.
When starting a business, it is always best to prepare for every conceivable possibility. When a business has more than one owner, certain eventualities need to be addressed as early as possible; such as the question of what happens to the business if one partner leaves?This situation and many others are easily spelled out in a buy/sell agreement. Much like a pre-nuptial agreement, which divides assets and sets conditions of a marital divorce, a buy/sell agreement spells out the conditions which transpire when a business partnership dissolves.
Do you have a great new idea that you’d like to see turn a profit? Are you looking to turn your hobby into income? Are you a whiz online and think you can make a buck designing iPhone apps? Whether your idea is big or small, simple or complex, virtual or brick-and-mortar, taking the step to become an entrepreneur and start your own business is a big one. Armed with your idea and your business plan, the next step is answering one important question: How should I legally structure my business? In most instances, you will probably have to choose between a limited liability company (LLC), a partnership, a corporation, or a sole proprietorship.
Many of us are planning for retirement by putting money away in tax-deferred retirement accounts such as a 401k, done through your employer or individually by way of the Individual Retirement Account (IRA) or its sister ROTH account named for its legislative sponsor, William V. Roth Jr., Republican senator from Delaware.
Online Businesses offer an outstanding opportunity in today’s market for entrepreneurs and leisure hobbyist and enthusiasts that want to take it one step further. If you are considering a new online business, there may be federal, state, and local laws that must be met and standards and procedures to follow in order to comply. There is also a structure to follow if you need financial backing. Here are some great tips to consider:
Employers that have four or more employees or employers that are engaged in the construction industry with at least one employee are required to have workers compensation insurance. The premium for the insurance is determined by the type of work the employees perform and are assigned classification codes for those duties or tasks. Each classification code is assigned a dollar figure. So, a roofer’s dollar figure is higher than a clerical employee.
In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).
In April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014.
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Workers’ Compensation. It’s one of those things that you never really think about until you find yourself injured and unable to work. Workplace injuries can be life-changing, leaving countless families in a downward spiral of tremendous financial and relational strain.
ORLANDO, Fla. – The Orlando Law Group, PL is proud to announce that Kimberly E. Hosley has been chosen as a Florida Rising Star by Super Lawyers for the 2nd consecutive year. Each year, Super Lawyers recognizes the top lawyers in Florida via a patented multiphase selection process involving peer nomination, independent research, and peer evaluation.
Once people make a will, it is tempting for them to lock it away and forget about it. However, this shouldn’t be the case – as your estate plan will constantly evolve as you experience important life events.
As many of us will have children of our own at some point in our lives, we realize that our love, care, and concern for their welfare doesn’t end when they turn 18 years old – but our legal authority to make decisions on their behalf does. This begs the question: how can I help care for my children after they turn 18 if they are developmentally disabled? The answer… Guardian Advocacy!
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You really are never too young to start planning your estate. In fact, it is always best to start while you are still sound of mind. You might think you don’t have much of an estate or that you are too busy with all the urgent demands of life to worry about something in the distant future like estate planning. But, the truth is, the process is simple when compared to what your beneficiaries will have to go through dealing with it if something happens and you don’t have your will in place.
Living will. Living trust. Power of Attorney. Will. Guardian. Estate planning.
We work with all auto accident injuries attorneys. Liens are accepted. We are the preferred auto accident specialists in all of Orlando and have helped many individuals recover from auto accident related injuries.
As much as we hate them, car accidents are a fairly common occurrence. According to Forbes online, you will file a claim for a collision about once every 17.9 years. That means that if you got your license at age 16, the odds are quite good that you’ll experience some kind of crash by the time you’re 34. Over the course of a typical driving lifetime, you should have a total of three to four accidents. In fact, so far in 2016, there have already been 115,422 crashes in the state of Florida alone.
You’re in downtown Orlando. It’s 2 A.M., the bars are closing, and you’re thinking to yourself, “I only had a couple of drinks, I’m perfectly safe to drive home.” So, you say good-bye to your friends, get in the car, and begin your drive home. Suddenly, an officer is behind you, lights and sirens blaring… You’re getting stopped for suspicion of DUI.
So, you’ve been served. Being served a summons and complaint can be an understandably emotional experience. Depending on the circumstances, feelings of stress, fear, embarrassment, confusion and anger can accompany those papers.
When business owners think of intellectual property rights and protection, many fail to process their options due to a fear of outrageous legal fees. While a whopping $2.7 billion is spent on intellectual property litigation legal fees each year, preventative registration and filing can minimize your costs.
Finding out that your business has been sued can be a little bit intimidating. If you’ve been in business for a long time, you know that business disputes are inevitable. Sadly, not every dispute can be resolved outside of the courtroom and the angst can come from any number of sources: an unhappy customer, a disgruntled employee, someone claiming he or she suffered an injury at your location or from your product, a supplier, the government, or another business.
You’ve probably heard the term find the right person for the right job before. That adage has never been more important than it is today. Mistakes are costly. In fact, correct staffing decisions are one of the most important investments an employer makes.
One of the first steps you should take before you begin your appeal is to obtain and organize your C-file. For those of you that are new to the veteran’s claims process, a Claims File, or C-file, is the file that is supposed to contain all of your medical information from your first medical exam […]
GAINESVILLE, Fla. – The Orlando Law Group, PL was named to the University of Florida’s 2016 Gator100 during a February ceremony at UF’s J. Wayne Reitz Union Grand Ballroom. Sponsored by UF, the Warrington College of Business and the Entrepreneurship & Innovation Center, the Gator100 recognizes the 100 fastest-growing businesses owned or led by UF […]
In the accounting world, there are a lot of software choices that can make or break any business. Some software stands out from most choices, however. Good accounting software is highly beneficial to a business, and enables accountants to help the businesses they represent in a number of ways. There are a few programs offered […]
In a few days, the world will pause to celebrate women. On Tuesday, March 8, we will link arms with women around the globe to celebrate the social, economic, cultural and political achievements of women. More than just a cliché of “you’ve come a long way, baby,” the day is part of a broader movement […]
Tax time certainly isn’t the most exciting part of running your own small business. In fact, for most business owners, bookkeeping, in general, is a necessary evil. Keeping receipts, tracking expenses, and knowing tax law is probably NOT the thing that drives you. But, it needs to be done. And it needs to be done […]
So, you’ve done all the legwork, been to the bank, spent weeks and weeks doing the back-and-forth and now you are ready to plunk down on new home. Or maybe you’re starting a new enterprise and buying your first rental property. Perhaps you’re looking to start your own small business and have your eyes on […]
For most people, buying real estate is the biggest purchase they will ever make. Before committing yourself to a contract that will affect your life and your wallet for years to come, hire a real estate lawyer. Why – when so much is at stake – would you purchase a property without knowing whether your […]
Beautiful houses. Well-manicured lawns. Good schools. Involved neighbors. These are a few of the perks that come with living in a community that has a Homeowner’s Association (HOA). An HOA is designed to protect the value of your home and maintain order in your community. For example, an HOA makes it tough for a guy […]
More and more people are looking to set up their own business, especially with the economic uncertainty and lack of jobs on a global scale. But setting up a business from scratch is not for the fainthearted. One in three new businesses fail within the first three years, often leaving a trail of financial devastation […]
It is a well-known saying that a business partnership is a lot like a marriage. Unfortunately, just like marriages, partnerships can fail. In fact, some statistics say that 50% of both end in divorce. When they do, it is best for everyone to make it as amicable as possible. Business partnerships end for a variety […]
Orlando, Florida, Tuesday, January 19, 2016 – The Orlando Title Group is founded by The Orlando Law Group’s (OLG) Jennifer Englert and Kimberly Hosley Agee. The Orlando Title Group will draw on the real estate experience of attorneys Englert and Hosley Agee to provide a new service to clients. The company will focus on providing […]
All businesses, whether large or small, will produce or possess sensitive information. This data must be kept confidential in order to protect the interests of an organization. If you do not dispose of this data in the right manner, it could compromise your company as well as your clients. It is important to get rid […]
With the start of a new year just behind us, many people have been taking the time to reflect on the past year and re-prioritize their objectives as they head into 2016. For many of us, we have a goal of kicking off the new year with renewed vigor and a clear mission. We make […]
Beginning a new business can be an exciting process, but the legal aspects of it can be quite intimidating. Often, asking business solicitors for advice and aid can be a good way to get everything in order. If you are wondering what sort of questions you should ask when getting law advice for your new […]
The process of taking over another company can be a very exciting time for you and your business, but it can very quickly turn into an unpleasant experience with serious lasting consequences. Here are some of the biggest mistakes made by companies during takeovers: Inadequate due diligence – You need to have done extensive research […]
As the year winds down, we find ourselves in the middle of another holiday season. For many Americans it is a time steeped in tradition and festivity. In addition to family celebrations and time with friends, December also brings many company activities. For example, many companies organize holiday parties, decorate their offices, host parties or […]
There are many ways to improve productivity around the office, but a problem that has been growing over the years is what employees get up to on their computers as soon as the bosses back is turned. It may be that single employee who you have an inkling is spending too much time on Youtube, […]
While many people enjoyed the thrill of Black Friday and other holiday shopping steals this past weekend, more and more people are turning to online shopping for their gift-giving. And why not? You can shop, even at midnight, wearing your jammies! No waiting in lines or looking for an open register. You can comparison shop, […]
Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony […]
Knowing your rights at work is of great importance; it ensures that both parties, employers and employees, are adhering to current government laws. However, it can sometimes be tricky knowing how many hours (by law) you can work in a week? Or how many days holiday your employees are actually entitled to? Within each company […]
“I would maintain that thanks are the highest form of thought; and that gratitude is happiness doubled by wonder.” G.K. Chesterton For most of us Thanksgiving conjures up all sorts emotions. For many of us, it’s a holiday – a little pause from the daily grind. The kids are off school. The banks are closed […]
Coming up with a great invention idea is fantastic, however trying to figure out what next steps to take isn’t always easy! The United States Patent and Trademark Office doesn’t technically patent ideas, however it’s easy to get around this with the right application materials. Let’s look at how to patent your idea and get […]
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The holidays are often synonymous with the idea of traditions. Traditions are those little rituals that are passed down from generation to generation. For many people, traditions give a sense of unity, warmth and closeness. Oftentimes their consistency represents security. That can be a little disconcerting if you’re in the midst of or have recently […]
Along with the countless other things a start-up has to deal with when setting up a company, there is the major decision of how the company should trade legally. Establishing it correctly at the outset is crucial and could eliminate many issues along the way. It could also have profound implications for the financial future […]
Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony and […]
Have you ever wondered why Halloween is such a widespread, holiday favorite? Free from a lot of the tradition and family expectation that accompanies other major holidays, it’s the one time of the year that seems to bring out the kid in all of us. From young to old, Halloween seems to appeal to everyone. […]
Embarking on a new business venture or project can often be a difficult and stressful period for a business owner. This can often be made even worse due to a lack of sufficient planning to guide them through the turbulence. In my many years in business I’ve learnt than nothing is more important than planning […]
October. The rest of the country might be sipping Pumpkin Spice Lattes and watching the colors change to oranges; but around here, it’s a time to THINK PINK! Pink ribbon, that is. According to the American Cancer Society, Breast cancer is the most common cancer among women in the United States (other than skin cancer). Nearly […]
Divorce is not the most fun thing in the world. There’s usually hurt and sometimes anger, which is to be expected. The divorce process can either go easily with mutual respect, or it can create bitter feelings and hurt everyone who is involved. Divorce does not have to be, nor should it be a destructive […]
Corporate scrutiny over the past few decades has shown us the rising importance of non-profit partnerships. However, many non-profits fail to secure valuable corporate partnerships because they don’t frame it the right way. Here are some things a non-profit need to do to form a successful corporate partnership: You want to be clear on the […]
Online legal document services offer an enticing bargain. Most people realize that they need an estate plan to manage their affairs if something happens to them. And, let’s face it, estate planning attorneys are expensive. That’s why many consumers are now questioning whether it’s possible to skip the attorney fees and use a low-cost website […]
Over the last two decades, the percentage of couples divorcing in their 50’s and 60’s has risen from three to almost thirty percent. Sociologists have a term for people in their 50’s and 60’s who are divorcing. They coined the term “gray divorce”. Baby boomers are living longer and more of them are divorcing. This […]
The two main classes of digital assets are 1) any online account that requires a username and password; or 2) any file stored in places including an individual’s computer, mobile phone, server, local DVD or CD-ROM, SD card or at online storage sites. Online Accounts If the client is the only person who has access […]
A new law in Florida relating to members of the military states that if a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days, the parent may designate a family member, a stepparent, or a relative of the child by marriage to engage in time-sharing on the […]
People who are normally kind and in tune with their emotions revert to fighting children, figuratively, sometimes literally, scratching, punching, and pulling each other’s hair. Even where there is no obvious conflict, it seems that nearly every family has some amount of tension permeating just beneath the surface as they address family inheritance issues. Stories […]
When you meet with your Estate Planning lawyer, initially, they may ask you some of these questions: “Do you own a home?” “Do you own a business?” “Are you married?” The fact gathering necessary in an initial interview does not always allow the sort of leisurely chat friends would have over coffee. It’s important for […]
It’s almost summer again, at least it’s starting to feel like it in Florida. Kids look forward to summertime; having fun, outdoor activities and most importantly, no school. While all that usually comes with summer break for kids, depending on the circumstances, it can be a hard time for kids of divorced parents. Typically, children […]
As Veterans age, they must face many long-term care and elder law issues, such as finding ways to pay for home care, assisted living or nursing home care. While Medicaid may pay for nursing home stays, it may not pay for assisted living or home care. This is where the Veterans Administration Pension or also […]
A Buy-Sell agreement is pertinent to many different types of businesses. Today we will just talk specifically about doctors. Medical practices are different from other businesses, because there is usually a lot of income made, and it’s not a family business that you can pass on to your heirs, unless of course they become doctors […]
Parents do not like to think about needing a guardian for their children. Unfortunately, we have no control over the time of our deaths but we do have control over whether we plan for them. A very important part of your estate plan is the nomination of a guardian for your minor children. If, before […]
Do you think, “I don’t have an estate” when asked if you have done your estate planning? It can be uncomfortable to talk about what you think estate planning is about — dying and the resultant loss of control. Or you may think that estate planning is just for the wealthy. As uncomfortable as it […]
It’s important to know what debt collection agencies can and cannot do. Knowledge is power, and that’s true for any situation. Not only can you use your knowledge of these laws to protect yourself from harassment, but if a collector violates one of these laws, you may be able to: use the violation to negotiate […]
You should be aware of the perils of using social media during a divorce or will be involved in a court case for custody, co-parenting and assets. Facebook, Twitter, LinkedIn, YouTube, Pinterest, personal blogs and tons more online sites are a part of pretty much everyone’s lives these days. All social media establishes a record […]
The United States offers many educational opportunities for citizens of other countries. Educational visas, also known as student visas, give non-immigrant students from other countries the ability to stay in the United States long enough to enroll in and finish an educational program. When the program is finished, the international student must return home. The […]
Estate planning for blended families is complex and it requires a watchful eye and a delicate touch. Clients in blended families should understand that there are important additional issues unique to them that must be addressed, like how to properly provide for their spouse without accidentally disinheriting their own kids. If there are minor kids, […]
By law your filing status is determined as of the last day of the calendar year. You are considered unmarried for the whole year if, on the last day of the tax year, you are unmarried or legally separated from your spouse as determined by a divorce or separate maintenance decree. So if your divorce […]
Rules Regarding Confidentiality Employees have a Section 7 right to discuss wages, hours, and other terms and conditions of employment with fellow employees and other nonemployees, including union representatives. The confidentiality provisions of employee handbooks can thus violate the law if not artfully prepared. Rules prohibiting the discussion of the “terms and conditions of employment” […]
When a couple decides to divorce, sometimes one spouse moving out right away is not an option, for financial reasons, or to wait until the marital house sells. Though this living arrangement certainly would not work in all relationships, it can if the terms of the divorce are amicable enough to last another few months […]
A clear plan for the transfer of assets is crucial to the success of any estate plan. But our best plans will fall far short of expectations if the trusts are never properly funded. Here’s an analogy: If the trust is the car, the funding is the fuel. Without gas in the tank, that beautiful […]
The time right after a divorce can be tough. You are essentially starting a new chapter in your life. Moving on after divorce can be adifficult concept for many people. It’s important to stay optimistic and keep good friends around you, a support system is crucial atthis place in your life. Here are a few […]
If you’re recently divorced, you’ll need to change most of your legal documents. I know, paperwork is the last thing on your mind, but it will avoid frustrating situations down the road. Here are seven legal documents you should change as soon as possible after your divorce papers are signed: 1. Powers of Attorney Besides […]
Whenever an Independent Trustee may distribute assets to or for the benefit of a beneficiary, our Trustee may appoint the property subject to our Trustee’s power of distribution in trust for the benefit of one or more beneficiaries of any trust created under this instrument under the terms established by the Independent Trustee. Any trust […]
The Income Tax Reduction Trust is a type of trust specifically authorized by the Internal Revenue Code. These irrevocable trusts permit you to transfer ownership of assets to the trust in exchange for an income stream to the person or persons of your choice (typically you, your spouse or you and your spouse) for life […]
Divorce is not the most pleasant experience. It represents an end to something that was once, presumably happy, and the process can lead to hurt feelings. When there are children involved, they may feel isolated and confused. There is often times heartbreak and there may be a lot of pain, but going through a divorce […]
Estate planning increasingly includes some form of charitable giving. During the last three decades, wealth ballooned in the United States, but affluent clients tended to increase their charitable transfers more than their family inheritances. According to John Havens of the Boston College Center on Wealth and Philanthropy: “Reports from the IRS indicate that charitable giving […]
If you have a revocable living trust, you probably named yourself as trustee so you can continue to manage your own financial affairs. But eventually someone will need to step in for you when you are no longer able to act due to incapacity or after your death. Because successor trustees have a lot of […]
LLCs generally work best for: Businesses with a limited number of owners, that are actively up and running. At about 35 owners of the business, at a maximum, the logistics of making collective business decisions are manageable. New small businesses. Sometimes, new businesses want to pass early-year losses along to it’s owners to deduct against […]
Parents want to be in dictatorial control. However, trusts must be irrevocable for estate tax and asset protection planning purposes. Many people get turned off when the word “irrevocable” is raised. We must be able to assure them that they can “have their cake and eat it too.” Magic Formula. The goal of planning […]
One huge reason homeowners are unable to buy and sell property are title defects which cause fights over lien priority. An experienced lawyer can help you work through lien priority disputes through quiet title actions, negotiations, or litigation. Income Taxes: When you forget to pay your taxes, an IRS tax lien arises automatically. This lien […]
Most people do not realize how common disability is, or how likely it is that they will become disabled at some point during their working career. In fact, studies show that one in three 20-year-old workers will become disabled at some point before they reach their full retirement age. For those workers who do become […]
Not many parents like to talk to their children about their wealth. How much money people have is usually considered a private matter, something it’s not polite to talk about. But not talking to your children about how much they may inherit can leave them unprepared to handle even a modest amount. This is becoming […]
These days, more people are living single than ever before. In 1970, just about one- third of Americans 15 and older were single, according to U.S. census data. Today, that number’s closer to 50 percent. Whether never married, divorced or widowed, singles need to pay just as much attention to their estate planning as married […]
We are now in the holiday season. Think of that Norman Rockwell perfect Christmas, family and friends getting together. Chestnuts roasting on an open fire. That is the ideal. What is the reality? Actually, the holidays are very stressful times. I have found over the years that many people will come to me to file […]
Divorced, remarried or widowed? Your estate plan needs extra attention. Chances are, you or someone you know is part of a blended family. Once uncommon, fully 42 percent of adults now have some kind of step-relationship, according to Pew Research. That’s 95.5 million people. For the millions of divorced, widowed, and remarried Americans out there, estate […]
Lawyers can use “cloud computing” to provide software and store records but must take reasonable steps to ensure than information remains confidential, according to a suggested Bar ethics opinion. As the proposed opinion notes: “Because cloud computing involves the use of a third party as a provider of services and involves the storage and use […]
The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by both the parents. The children have the right to be supported by both parents. It […]
The Supreme Court recently refused to hear appeals from states whose same-sex marriage bans had been struck down by the U.S. Circuit Courts. As a result, same-sex marriage is now legal in several states where it had previously been banned, either by state statute or by state constitutional amendment. (There are some exceptions. Idaho, for […]
The Importance of Trust and Estate Taxes Today The trust is recognized as a separate taxable entity for federal income tax purposes and is governed by rules similar to that of individuals. It is an arrangement whereby a trustee is appointed to manage property for the benefit of beneficiaries. The estate or trust must file […]
One popular yet confusing estate planning tool is the Family Limited Liability Company (“FLLC”). FLLCs are frequently created as part of an estate planning strategy used to facilitate gift giving to a person’s children and grandchildren. FLLCs are also used to shield assets from creditors. As the name implies, a FLLC is a type of […]
The disability compensation program administered by the Veterans Benefits Administration provides monthly benefits in recognition of disabilities, diseases or injuries that occurred or were aggravated by active duty. There are a number of disability benefits available to veterans. The conflicts in Iraq and Afghanistan have greatly increased the amount of veterans filing disability claims. As […]
Many people choose to lower their tax bill my making charitable contributions. There are certain steps that a person can take to be sure that their contributions are reflected on their tax returns. First and foremost, be sure that you are contributing to a qualified organization. Keep in mind that ‘donations’ to individuals or certain […]
Your business is most likely a major asset and source of income to you and your family. However, it is probably not properly protected from life events of the co-owners. Most business owners would be shocked to discover what happens to their business when “life happens” to one of the business co-owners. Many businesses have […]
Safety Tips for Motorists All motorists need to be especially alert and cautious when driving on Halloween because of the high number of pedestrians walking the streets. Watch for children darting out from between parked cars. Watch for children walking on roadways, medians and curbs. Enter and exit driveways and alleys carefully. At twilight and […]
Will my beneficiaries owe taxes on the retirement accounts I pass down to them? Probably. Assets like life insurance, real estate, vehicles and non-retirement investment accounts are not counted as income when they’re inherited. Retirement accounts, however? They’re “income in respect of a decedent,” and any amounts withdrawn from non-Roth accounts are subject to income […]
Business contracts are comprised of several key elements. These elements are included to make sure that all of the contents of the contract are legally binding. The key business contract elements also help to prevent misunderstandings that could occur if they were omitted. The key elements of a business contact are: The parties. The contract […]
The holidays are quickly approaching, and for some families, that means pulling out the Parenting Plan. Holiday time sharing schedules in family law vary from case to case, but generally there is a premise that parents should have equal time sharing during the holidays. The major holidays that are almost always addressed in a parenting […]
As a business owner, you should know about buy-sell agreements. A closely held or family business could face a lot of financial and tax problems on an owner’s death, incapacitation, divorce, bankruptcy, sale or retirement, without one. The cost of a buy-sell is very small compared to its benefits. A buy-sell agreement can ward off […]
People often hear things about living trusts from friends, family members and the media, and just assume they are true without taking the time to check them out. Here are some common misconceptions—and the facts: A living trust is expensive. A well-drafted living trust will have a higher initial cost than a will. But when […]
Unfortunately, elder abuse in elder care facilities and nursing homes is very real, and not uncommon. Those who have a family member or loved one in an elder care facility or nursing home need to be aware of any warning signs of abuse. One of the most common signs of elder abuse is decubitus ulcers, […]
In Florida, a custodial parent who wants to move with the child more than 50 miles away, for any period longer than 60 days, must notify the other parent before moving. If the noncustodial parent agrees to the move, the parents must file a written agreement with the court. If the parents can’t agree, the […]
Your company should have a standard form contract that you use when dealing with customers or clients. Every contract can be tailored to be more favorable to one side or the other. You can start with your form of contract, and your clients can agree and sign or request changes be made. Working with a […]
Most parents want to treat their children fairly in their estate planning, and many assume that means having their children inherit equally. But fair does not necessarily mean equal. There may be special circumstances to consider before you divide the family pie into equal parts. For example: You may want to leave more to your […]
Hiring an attorney can be a little scary. If you are like most people, you don’t have much experience with lawyers and legal issues. Sometimes we need them though. Meeting with lawyers to find out which one is best for you can be intimidating. Working with an attorney is a genuine relationship, requiring mutual trust, […]
Naturalization is the legal process through which a foreign citizen or national can become a U.S. citizen. Naturalization is the only way to become a U.S. citizen if you were not born a U.S. citizen or did not acquire citizenship immediately after birth. In order to be naturalized, an applicant must first be qualified to […]
Mediation is the process where the mediator helps parties to achieve an agreement. The parties meet with the mediator, with or without their attorneys. Usually, the parties separate into two rooms, called a “caucus”, so that they can discuss the issues more comfortably. The mediator will go back and forth between rooms to communicate any […]
Our homes are probably the most valuable asset we own. Yet most people don’t think about how to hold title until the title company asks you when you buy or refinance. But this deserves careful consideration, because how you hold title to real estate has far-reaching effects. Some common ways to hold title are: Individual […]
A Cram Down in a Chapter 13 bankruptcy allows you to reduce the principal balance of a debt to the value of the property it is secured by. You may be able to save your car, investment real estate, or certain other properties, by taking advantage of a Chapter 13 Cram Down. You are allowed […]
Unfortunately, a lot of people haven’t participated in any meaningful estate planning. Most will readily admit it is something they need to do, but they keep putting it off. Why? Here are some of the more common reasons why we procrastinate about estate planning—and some information that just might get you moving. It’s expensive. Granted, […]
Investing for retirement can be problematic for professionals in partnerships or other types of closely held firms. These individuals tend to spend their early careers focused on building their business. By the time they are ready to start saving money for retirement, standard retirement saving vehicles such as 401(k) plans can shelter only a small […]
Workers’ compensation is a major expense for most Florida businesses. It is important for employers to understand their duties and responsibilities under Florida law. When workers’ compensation insurance is purchased as required by Florida law, business owners are protected from being sued, except for under special circumstances, when an employee gets hurt or ill at […]
Nobody likes being tricked, mislead or ripped off. In fact, it’s illegal. It’s fraud, and that’s a crime. Here are some common types of fraud you’re apt to encounter on any given day and ways to avoid them: Website Misdirection. Buying online can be dangerous, even from trusted retailers. It’s not that those companies are […]
As a business owner, do you devote alot of time and energy “working in” your business to improve business operations and profitability, but neglect to “work on” your business by not addressing certain asset protection issues? Business owners, particularly those owning their business in corporate form, should consider the following: How to own C corporation […]
The initial stage of the Social Security Disability process involves the initial filing of your Social Security Disability application and the Social Security Administration’s review of your initial claim. In this stage of the process you will be filling out your application and providing the SSA with the documentation necessary to process your claim for […]
For students with disabilities, the traditional classroom setting doesn’t always work. To address this reality, the federal government established the Individuals with Disabilities Education Act, which ensures that disabled students have access to special educational programs tailored to their needs. Students in Florida, who qualify as a child with disabilities, after review by the school […]
These critical and essential elements must be contained in a written commercial lease agreement: Parties – Correctly defining the parties involved in clear and concise detail is extremely important, especially in a commercial lease situation. Your attorney must understand the business structure of the entities involved and comprehend what practical consequences and tax implications there […]
Contempt orders can be obtained when your ex-spouse is not following the time sharing plan you set. It is imperative that you take this legal action if you want to ensure that your rights are protected in the event that your ex stops paying child support or alimony. Without a court order, enforcement mechanisms such […]
Did you know that property owners are lawfully required to provide guests with adequate security? Or that a lack of proper security that leads to an injury or assault can lead to a premises liability lawsuit? Property owners must maintain a reasonably safe environment for visitors, which includes keeping those on their premises protected from […]
An adoption establishes a legal parent-child relationship between the adoptee and the adoptive parents. This legal relationship is identical to the legal biological parent-child relationship. Florida law authorizes adoptions for all persons, minors and adults. Any individual or couple considering adoption should be aware that some adoptions develop complications and they should fully educate themselves […]
Implementing an effective Drug Free Workplace program takes thoughtful consideration of what you are trying to accomplish, how you want to accomplish it, how much it will cost and how much it will save you company money. The first step is to develop a comprehensive policy. Establishing a comprehensive drug-free workplace program may be the […]
Family members start a major portion of new businesses launched in the U.S. every year. Owning a family business can be a very rewarding and prosperous venture. For family business owners, estate planning is crucial to the success of the business. If you have not already drafted an estate plan that includes the succession of […]
Most of us are familiar with the term, “defamation of character”. This is when an individual’s character or reputation is tarnished as a result of a fraudulent statement or action of another individual. Defamation is a broad term, and can be broken down into two types: spoken, which is called slander, and written, which is […]
1. DEFINE YOUR GOALS What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place? Decisions on distribution of your estate assets should take into account […]
Shared parenting means that both parents of the children are to share in the discussion of the major decisions affecting their children. Both parents should inform the other of everything that occurs in their children’s lives. Neither parent will disparage the other in the presence of the children or allow others to do so. Each […]
Property/casualty insurance is insurance on homes, cars, and businesses. Property insurance protects a person or business against the loss of physical property or the income-producing abilities of physical property. Casualty insurance protects a person or business against legal liability for losses caused by injury to other people or damage to others’ property. Property and casualty […]
Facing foreclosure is a scary thing. Sometimes asking your lender for a loan modification may be a solution. An attorney can help you, as a borrower, understand your legal rights, negotiate with your lender, complete the required paperwork for a loan modification and even stop a foreclosure sale. A forestalled sale wouldn’t necessarily guarantee a […]
Most cases are settled before they even reach the courtroom, through negotiations between the parties involved. This usually works out well for everybody. The courts like this, because it frees them up to handle other, presumably more difficult to settle, cases. Who would want to go through a drawn-out court battle, when an acceptable resolution […]
Everyone is looking forward to the long weekend, celebrating Our Nation’s Independence Day on July 4th. It’s a great time to spend time with friends and family, whether you’re headed to the beach or an outdoor cookout. Please remember these safety tips and have a great Fourth of July. On the highway: Buckle seat belts, […]
If you are a U.S. citizen, you can bring your fiancé(e) to the United States to marry and live here, with a Nonimmigrant Visa for a Fiancé, known as a K-1. K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign […]
Intellectual property includes works, processes, symbols and designs that were created or are owned by a company. This can include logos and slogans, and written documents or artistic works. To enforce the ownership and right to use intellectual property, the business owner must register it at the United States Patent and Trademark Office or the […]
The State of Florida is an employment-at-will jurisdiction. What that means is, employers can terminate their employees with or without cause. In most situations, employers don’t have to provide advance termination notice. Although employers can typically let their employees go without notice or cause, federal employment laws are a little different, and require them to […]
Things don’t always run smoothly in business. There will inevitably be business disputes that arise out of disagreements over property, billing, services rendered, information sharing, relationships between customers and suppliers, loan contracts, corporate transactions and equity and debt financing. Usually, a business dispute arises between businesses when they disagree over the terms of a contract […]
In Florida, when parents come into court for a decision on parenting arrangements, judges base their decisions on what is in the best interests of the child. Florida law recognizes that children generally benefit from maintaining frequent contact with both parents and from having both parents participate in parental decision-making. Judges will assess every situation […]
Buying a business and selling a business involve many negotiations and contracts. A business attorney can aid you in the negotiation process to help you get what you want for the business you are buying. A lawyer can also help you look through your financial business documents to determine what is relevant to the sales […]
A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers some or all of his or her property to a trustee. The trustee holds that property for the trust’s beneficiaries. Trusts can be arranged in many ways and can […]
If someone is hurt in a store or a person’s house. they may be able to recover compensation for their injuries from the property owner. Some common types of premises liability cases include the following situations: Slip and falls Exposure to toxic substances Dog bites Assault on property Malfunctioning elevators Inadequate security No matter what […]
Workers’ compensation laws are there to protect workers who get hurt on the job. They are there to ensure that employees who are injured or disabled on the job are provided with a monetary settlement, without litigation. Workers’ compensation laws also provide benefits for dependents of those workers who are killed because of work-related accidents […]
When you rent a house or apartment, you enter into a legal contract known as a rental agreement. This agreement does not have to be in writing, but if it is, it’s called a lease. As a landlord you have certain rights; you also have certain duties. Your obvious right as a landlord is to […]
How can you tell when and if it’s time to declare bankruptcy? Some signs that that may be something you need to think about are: You are only able to make the minimum payments on your credit cards Bill collectors are constantly calling you. You are using credit cards to pay for necessities, like groceries […]
Paternity Actions are filed in order to assist a parent in acknowledging and protecting important time sharing and support rights. A child’s paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father’s title or surname, as well as the biological father’s rights to custody and obligations for child […]
Spousal support, also known as alimony, is regular payments made from one spouse to the other during a separation or after a divorce. The purpose of spousal support is to recognize that the spouse who is to receive alimony, contributed to the marriage, sometimes in other ways than bringing in an income. Spousal support is […]
Mediation may be thought of as assisted negotiation. Central to mediation is the concept of informed consent. Both participants need to understand the nature of a contemplated mediation process and effectively consent to participate in the described process. In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. […]
We’ve all signed the HIPAA Notice of Privacy Practices, when we visit our doctor, informing us of our privacy rights as it relates to our medical records. Well, the same federal law that has doctors asking us to sign those papers also imposes penalties on doctors and hospitals who make unauthorized disclosures of protected health […]
Subrogation is the substitution of one’s rights to another. The concept of subrogation has existed since the 1700s, when it was created in English law by Lord Mansfield. It has been recognized by common law and equity, and exists specifically in most insurance contracts in the United States. Subrogation exists in many lines of insurance, […]
Having your home foreclosed upon can be a very stressful experience for you as a homeowner. Financial hardship is often unexpected, and even with your best efforts, keeping up with the mortgage payment is sometimes impossible. Depending on how long your situation lasts, it could result in losing your home to foreclosure. A lawyer can […]
If you applied for Veterans Disability Compensation Benefits and the VA and then received a letter from the Department of Veterans Affairs, denying you benefits, you have the right to appeal the decision. You have one year from the date on the denial letter to file your appeal. You will need to submit a Notice […]
When you or a loved one is applying for an immigrant visa or green card in the United States, you are not required to have a lawyer. However, there are many different ways to obtain legal permanent residence or authorization to temporarily work in the United States. An immigration attorney can analyze the specific facts […]
A Prenuptial Agreements is a legal contract that a couple signs before the marriage that determines who gets what in the event of a divorce. Florida is an equitable distribution state, so, in the event of a divorce assets are divvied according to what the court deems fair, provided there is no Prenuptial Agreement. The […]
We enter into contracts every day for business and personal reasons. It is important that the terms of the contract are properly negotiated, correctly drafted, and reviewed to ensure the contract meets the intentions of the parties involved. The parties to the contract bargain for their own best interests. While negotiating contracts, make certain you […]
Construction litigation is an area of law concerning legal disputes that arise out of building projects. Disputes can be about construction agreements, claims of injury or wrongful death caused by negligent behavior. Construction litigation refers to civil lawsuits involving private parties and is governed by rules and burdens of proof that are distinct from those […]
Your child has the right to a free and appropriate public school education. As a parent, you have to be your child’s advocate; getting involved in his or her education is among the most important things you can do. Special needs includes learning disabilities, such as autistim and dyslexia, but it also includes gifted learners. […]
Charitable organizations that are successful, understand the value of having legal counsel in the early stages of forming and managing a 501(c)(3) non-profit organization. An attorney can address current and potential legal issues that may impact an organization’s current or pending 501(c)(3) status. Forming a 501(c)(3) non-profit organization can be complicated. There are some legal […]
Living wills and other advance directives aren’t just for older adults. Unexpected end-of-life situations can happen at any age, so it’s important for all adults to have advance directives. A living will is a legal document that a person utilizes to make his/her wishes known in regards to life prolonging medical treatments. It can also […]
When deciding which entity to form it is necessary to consider short and long term goals of the business, the nature of the business and the benefits associated with each type of entity. The different types of business entities are: Sole Proprietorship, which you are by default, until you set up a formal business entity, […]
When you are purchasing a new home or piece of land in Florida, it’s a good idea as a real estate buyer to have a lawyer helping you. Your goal as a homebuyer is to get what you paid for. Real estate is kind of complicated and having a lawyer to look out for your […]
As we go through our daily lives, most of us don’t give a second thought to what would happen if we were not able to take care of our own affairs. What would happen to us however, if we lost the ability to handle these daily affairs or make decisions about our medical treatment? Who […]
An M-1 Visa is a vocational student visa. The M-1 Visa allows you to come to the U.S. as a full-time vocational or nonacademic student. You are never allowed to change your course of study and you may not work during your course of study. Qualifications: To qualify for an M-1 visa you first must […]
An E-2 visa is a nonimmigrant visa; therefore temporary. However, even though the E-2 visa is temporary, the E-2 visa is renewable indefinitely. An E-2 visa allows business people from treaty countries to work in the U.S. for a business either they own or that is at least owned 50% by other nationals of their […]
An F-1 visa is a student visa for academic studies. The F-1 visa allows you to come to the United States as a full-time academic or language student to earn a degree or certificate. You may work part-time on campus or if it is economically necessary, you may work off campus with permission. You may […]
While the love and responsibilities you share with your partner are exactly the same as that of your non-gay family and friends, unfortunately Florida law sees it another way. State and federal law generally does not recognize concrete legal and tax rights and privileges for same-sex couples. Since gay or lesbian couples lack the same […]
National Estate Planning Awareness Week is October 17th-23rd. In honor of both National Estate Planning Awareness Week and Halloween, we thought it important to share a few “Scary Statistics or Reasons” people do not have a Will or Estate. It is estimated that over 120 million Americans do not have up-to-date estate plans to protect […]
What is Probate? Probate is a court process that requires the assets of the deceased person to be gathered together, all debts of the decedent to be paid by the estate, and then if any assets remain they are to be distributed among the estate beneficiaries. The probate process often takes 6 months to 1 […]
The time both during and after a divorce can be turbulent and overwhelming. Often the newly divorced person misses the last piece of the puzzle on their “things to do list” for their new life: estate planning. In many cases, a family law attorney focuses primarily on dissolving the client’s marriage and making decisions regarding […]
Deciding to divorce is never easy. However being prepared before you go to see an attorney is also a good idea to make things easier. Many people come to the office with no idea how the process works. Knowing what you need to do ahead of time can help alleviate some of your uncertainty. Divorces […]
What are your options if you cannot afford your current mortgage payment and you are a Chapter 13 debtor? Well, you can surrender your home or you can try to modify your mortgage payment. The option to modify your mortgage payment may be available to you in a chapter 13 bankruptcy before your case is […]
At the time of writing this Article, the status of estate tax is in chaos. Questions abound: Will the combined estate and gift tax exemption be $1 million, $3.5 million, or $5 million? Will the top estate tax rate be 35%, 45%, or 55%? Will these changes be “permanent” or will they sunset again in […]
It is very important for an employer to have a system in place when it comes to hiring new employees. There are a number of federal and state laws that employers must follow when hiring employees. Generally speaking, these laws prohibit discrimination in employment decisions based on race, religion, sex, age, national origin, disability, or […]
We are often asked, “What happens after I file my Veterans Administration Application for Compensation?” After the Veteran’s Administration (“VA”) receives a VA Form 21-526 (Application for Compensation), it sends you a letter explaining the additional information needed to process your claim. Step One – Information Gathering. Once you receive the letter in the mail, […]
If you pass away without a Will, the Florida intestate statute determines who inherits your assets and requires a full probate proceeding. This means that distribution is determined based on their familial relationship to you and some family members may receive more or less than others. For example, if a married man passes away without […]
No. Just because you are married doesn’t mean you have to file a joint bankruptcy. If one spouse has the majority of debt in his/her name, just that spouse can file bankruptcy. Many married couples have the debt in only one of the spouse’s names just in case something happens in the future; such as […]
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 through a Will or trust allows you […]
A criminal record expungement, also known as an expunction, is when a court orders the criminal records related to your case to be physically destroyed. As a result of this order, the courts, the State Attorney’s Office, and law enforcement agencies must physically destroy or obliterate any physical or electronic records related to your case. […]
An employer is not required by law to have an employee handbook. However, in most cases, it is highly recommended. An employee handbook is a great resource because it provides a centralized set of guidelines for the employer’s policies and procedures. Oftentimes, the source of employee disputes concerns a lack of understanding of employer expectations. […]
If you are considering filing bankruptcy, there are a few transactions you should avoid so you do not have any complications with receiving your discharge. Credit cards and cash advances: You should stop using credit cards if you know you are not going to pay them off. When you decide to file for bankruptcy, do […]
After the debtor files either a Chapter 13 or Chapter 7 bankruptcy, the debtor will receive notice of when the first meeting of creditors is scheduled. The first meeting of creditors is held approximately 45 days after filing the bankruptcy petition and schedules. The meeting of creditors is also referred to as a 341 meeting […]
There are several tax changes we are keeping our eye on for our own business and for our clients in the next year including estate tax changes and changes due to healthcare reform. One big change due to health care reform that affects everyone is the requirement for businesses to file a 1099 form for […]
Chapter 13 bankruptcy is essentially a reorganization. Chapter 13 enables individuals to develop a payment plan to pay back either all or some of their debt to creditors over a 3 or 5 year period. The time period is based upon the debtor’s current monthly income. If the debtor’s income is less than the states […]
As many of you know, the government has passed the National Healthcare Reform which becomes effective September 23, 2010. It is a very complicated law that you, as a business owner or employer in charge of coordinating benefits, should become familiar with since some of its keynote features could really impact your business. While business […]
Identifying exposures is a vital first step to determining if your business is adequately protected. Until you know the scope of all possible losses, you won’t be able to develop a realistic, cost-effective strategy for dealing with them. Begin the process of identifying exposures by taking a close look at each of your business operations […]
To deter lawsuits, many individuals try to include in their will a clause referred to as a no-contest clause. Michael Jackson reportedly used one in his living trust. A no contest clause is designed to prevent beneficiaries in a will or trust from questioning any provisions therein. They only apply to those individuals who are […]
A dozen Jacksonville area residents are suing Dollar General claiming the company owes them unpaid wages. The suits included a total of 791 individuals from all over the U.S. All the Dollar General suits claim that the company has a policy of classifying employees as salaried managers who work an average 60 to 90 hours […]
If Tiger Woods were to die and his will to leave his entire estate to a trust for his children’s benefit, could his wife Elin Woods, be left without anything? In other words, can you disinherit your wife from your estate? Generally speaking, the main advantage of a will and/or a trust is that it […]
Many people worry that if they file bankruptcy they will ruin their credit. It is true that a bankruptcy will remain on your credit for up to 10 years. However, the truth is, if you are considering bankruptcy your credit is most likely not very good. A lot of money owed to many creditors can […]
Consumers generally file either a Chapter 7 or a Chapter 13 bankruptcy. Some people wrongly believe that a Chapter 7 bankruptcy is the best way to go, but that is not always the case. Everyone has their own unique situation which should be analyzed by a professional to determine whether a Chapter 7 or a […]
HAMP, the government’s making homes affordable modification program, which provides financial incentives to loan servicers to modify the loans of troubled borrowers has fallen short of its goals because many borrowers did not meet eligibility requirements and loan servicers were not required to participate, according to the U.S. Treasury Department. Many attempts to modify loans […]
Social media in the workplace and an employer’s ability to control it is a hot topic in today’s technological world. The United States Supreme Court recently said it will review a federal appeals court ruling that sided with Ontario, California police officers who complained that the department improperly snooped on their texts. Typically the courts […]
Consumer protection against deceptive collective practices for credit card debt is an important issue especially in today’s economic climate. The Credit Card Accountability, Responsibility and Disclosure Act (otherwise known as the Credit Card Act of 2009) which was signed by President Obama this past May was designed to prevent abusive practices among credit card issuers. […]
Sometimes products break. It could be our fault, but sometimes it is due to faulty manufacturing. If you have been hurt or have underwent any other pain or suffering, or damage to your property because of a product you used, you may have a defective product liability claim. The range of defective product cases is […]
There are many advantages to setting up an LLC. One of those advantages is an LLC’s flexibility. With less stringent requirements for compliance and less necessary paperwork than S-Corps and C-Corps, LLCs are easier to form and easier to keep in good legal standing. The flexibility of an LLC, however, is not permission to be […]
It doesn’t matter whether or not you entering into a relationship with a customer, with a vendor or an independent contractor; contracts are a fact of business. Contracts serve as legally valid agreements that protect your interests. Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer […]
Adoption laws vary by state, but Florida’s are pretty straightforward. Florida requires the consent of children over 12 to be adopted, which means they have a say in who could potentially adopt them. Some facts about being an adoptive parent in Florida: It doesn’t matter if you are married or single You can have children […]
In a major decision, the Supreme Court ruled in June 2014 that inherited IRAs are not considered protected retirement funds—and are thus subject to creditors’ claims if the beneficiary files for bankruptcy. In the case of Clark v. Rameker, Heidi Heffron-Clark argued that a $300,000 IRA she inherited from her mother in 2001 qualified as […]
Money is the root of all evil. That’s how the old saying goes. Sometimes fights about money or money problems can be a factor in why couples get a divorce. After a divorce, one or both people may end up having to file for bankruptcy. In dealing with bankruptcy concerns, child support becomes a critical […]
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By Heather A. McLeod, The Orlando Law Group, PL Published in “Building Central Florida Magazine On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case […]
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Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu, pretium quis, sem. Nulla consequat massa quis enim. Donec pede justo, fringilla vel, aliquet nec, vulputate eget, arcu. In enim justo, […]
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Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu, pretium quis, sem. Nulla consequat massa quis enim. Donec pede justo, fringilla vel, aliquet nec, vulputate eget, arcu. In enim justo, […]
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A chapter 7 bankruptcy is when a debtor liquidates his/her debt. In this situation, the debtor lists out all debts, assets, and income. The Trustee looks to see if the debtor has any assets that can be sold to pay off unsecured creditors. Unsecured debt includes credit cards and medical bills, for example. Secured debt […]
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Unfortunately, many people are finding that they are unable to pay their monthly credit card bills. This is not a surprise in today’s economy. Many people have lost their jobs or have high mortgage payments due to the structure of their mortgage. So, what happens if you can’t make your minimal payments toward your credit […]
Many people fear the estate tax even though they do not know much about it or who exactly has to pay it. However no matter how little you know about it, I am sure you would be surprised to know that the heirs of George Steinbrenner, billionaire owner of the Yankees and boss of George […]
