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March 2016 Archives

Understanding the ever-changing ERISA

Insurance practices are hard enough to navigate. When you add to the equation the ever-changing regulations surrounding the Employee Retirement Income Security Act, you may find yourself unintentionally in a breach of obligatory duties as an employer. Employers often provide retirement and pension plans for their employees and in addition to creating those plans, they must routinely ensure they are up-to-date.

How do I leave money to my child without jeopardizing his SSI?

If you have a child with a disability, whether cognitive or physical or both, and you have relatively significant assets that you want to leave to them when you die, you may need to set up a special needs trust.

Make sure mom and dad know about their VA benefits

Your children are growing older, and you are growing older. Naturally, that means that if your parents are still alive, they are aging as well. Times are changing so fast, and technology is a struggle for even the college grad to keep up with. We've seen televisions go from the bigger the better to the thinner the better, and now a traditional television is obsolete and new homes are designed with white walls and mobile projectors allowing for live tv anywhere you desire. And that's just the entertainment sector.

How can Florida's homestead laws help me?

Did you know that in Florida you can register your home and property as your homestead, effectively making it off limits to the collectors that may be calling you daily? Of course, some restrictions and limitations apply, but this could be a crucial filing that could keep a roof over your head in otherwise trying times.

When you need to trust that your gift is just that

There are many reasons why a person who has a considerable fortune may choose to leave it to a charity instead of to surviving family or friends. Perhaps the surviving relationships are strained, perhaps those potential beneficiaries have their own fortunes, or perhaps you want to ensure your money and your legacy lives on to promote a good cause. However, while it may seem cut and dry that a person can gift their wealth or estate to a charity of their choice, if it is not executed correctly, it can end up as more of a burden than a gift.

Can I be guardian of my Floridian parent if I live out-of-state?

Living out-of-state does not negate your eligibility to become a guardian of a person who resides in Florida. However, you must qualify in numerous other aspects as well, and it must be determined that the ward is in need of guardianship. This process is begun by the court, who will appoint three people as members of a committee to examine the potential ward once you file a Petition to Determine Incapacity. This committee is comprised of a psychiatrist or physician, and two qualifying medical professionals. Each must evaluate the patient and advise the court as to the patient's capacity through a written account. One physician must be an expert in the type of ailment that incapacitates the patient, but it is important that this person is not the attending physician of the patient.

When real estate issues leave you befuddled

When you purchase commercial real estate, it's typically under the supposition that the property can be used for your intended purposes. As a merchant or retailer or supplier of goods or services, the requirements of your business could vary drastically and may be in violation of certain prohibitions in the terms of zoning laws. This is why it is so important to educate yourself on all paperwork and contracts you sign throughout the real estate transaction process.

New benefits may become available to veterans who served in Korea

Veterans have the right to a number of benefits that they earned by serving in the U.S. military. Namely, benefits like health care and disability. However, some illnesses are not recognized as resulting from military service, and the veterans who suffer from these illnesses, including many living in Florida, do not receive the benefits that some feel they should. One man's years of working toward recognition for one group of soldiers may now culminate in expanded veterans' benefits.

When is the right time to establish a guardianship in Florida?

Making the decision to establish a guardianship is never easy. In making the decision, one must admit that a loved one is no longer able to care for themselves and that they can no longer make important decisions. Because such determinations are so difficult, many Florida residents need the guidance of legal professionals as they work to establish a guardianship.

What does inheritance planning involve?

When clients come to the Florida law firm of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A. for estate planning assistance, many do not realize how many options they have. For example, inheritance planning is viewed by many as the simple creation of a will that will allow assets to be left to loved ones. However, inheritance planning can be so much more.

Helping nonprofit organizations during charity litigation

At the law firm of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., we have represented the interests of charitable organizations since our firm's founding in 1989. Thanks to our excellent reputation and the successes we have had when our clients have faced charity litigation, nonprofits continue to seek our assistance when facing legal challenges. Continue reading to learn more about the services we offer to charitable organizations.

Contract dispute could lead to striking workers

Unions protect many workers in all states, including Florida. When workers and their union representatives believe they are receiving unfair pay or benefits, or they are unable to come to agreements with an employer's representatives, a strike is often the result. Employees at one out-of-state company may take to a picket line if a contract dispute is not resolved soon.

What can cause a real estate dispute in Florida?

When people come to Florida and buy real estate, usually they are buying their dreams. They picture new lives in the Sunshine State or vacation homes that will bring their families joy for years to come. What most never picture is a real estate dispute.

Could a charity dispute arise because of the charity itself?

When Florida residents choose to leave funds or assets to charities in their estate plans, their loved ones, if surprised by the decedents' decisions, may decide to take legal action. While many see a charity dispute as the result of greed on the part of a decedent's family members, this is not always the case. In fact, sometimes family members simply want to ensure the funds their loved one left go to a good cause.

Choosing the right person to handle your estate administration

If you are considering creating an estate plan, one of the first decisions you need to make is who you want to be the executor of your estate. For all Florida residents, this decision is not only one of the first that needs to be made but also one of the most important. Why is choosing the right person to handle your estate administration so important?

Health care law: the legal side of medicine

Many people in Florida have heard the term "health care law," but few really know what it means. Most Florida residents will never have to concern themselves with the intricacies of health care law, as it is an area that deals primarily with businesses, governments, and ethics. However, if you would like to know more, you can continue reading below. 

Florida residents: Medicaid or long-term health insurance?

Florida has a reputation as a retirement destination. As a result, more and more retirees flock to the Sunshine State annually to live out their golden years surrounded by palm trees and beaches. While the thought of retirement in Florida sounds idyllic, most Florida retirees find themselves forced to make difficult decisions to ensure their years in the state remain idyllic. One of the most common difficult decisions is whether to rely on Medicaid or purchase long-term health insurance.

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