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 […]
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 […]
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 […]
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 […]
