Florida Fraudulent Transfer Presentation (Florida Bar)
At the Florida Bar’s Annual Wealth Protection Seminar, in Miami, …
At the Florida Bar’s Annual Wealth Protection Seminar, in Miami, Florida, attorney Jonathan Alper presented, “Where Does Florida Law Stand on Fraudulent Transfers?”
To stop a bank account garnishment, a judgment debtor should file a …
To stop a bank account garnishment, a judgment debtor should file a claim of exemption, gather all documentation in support of their exemption, and be prepared to prove entitlement to …an exemption to the creditor’s attorney or to the judge.
A creditor can serve a writ of garnishment on a bank regardless of whether the money in the bank is exempt or not. The bank can, and should, freeze the account upon being served with the writ. A bank is not liable for withholding the account balances that are later determined to be exempt from garnishment.
Can You Be Both Trustee and Beneficiary of a Trust in Florida?
Any individual may be a trustee and a beneficiary of a trust assuming …
Any individual may be a trustee and a beneficiary of a trust assuming that the trust agreement names other lifetime beneficiaries or successor beneficiaries after the death of the initial …beneficiaries.
For example, suppose a client wanted to serve as trustee of an irrevocable trust created for his benefit. The client’s general attorney cautioned him that he could not serve simultaneously as a beneficiary and as a trustee, and that if he did occupy both positions the trust would automatically dissolve because of the legal “doctrine of merger.”
Filling Out a Financial Affidavit After a Car Accident
After a car accident, the injured person’s attorney will often request …
After a car accident, the injured person’s attorney will often request that the at-fault party complete a personal financial affidavit or an affidavit of no other insurance or assets. The …liable party can be the at-fault driver or even the owner of the vehicle that the at-fault driver was driving with permission.
A financial affidavit provides the injured person’s attorney with financial information about liable parties. The attorney uses the affidavit to decide whether their client should reject insurance settlement offers and file a lawsuit to recover damages for the injured client.
Piercing the Corporate Veil in Florida (Legal Guide)
Piercing the corporate veil refers to the creditor tactic where a …
Piercing the corporate veil refers to the creditor tactic where a creditor with a judgment against a business pierces the corporation and transfers the judgment to the individual owners. Many …business owners are worried that their creditors will pierce the corporate veil, putting their family’s assets at risk.
In Florida, a judgment lasts for 20 years. It can be renewed after the …
In Florida, a judgment lasts for 20 years. It can be renewed after the 20-year period, although this is rarely done. Judgments that are not recorded as liens, or are …recorded as junior liens, are still valid judgments that can be executed against the debtor’s property. A judgment creditor may garnish the debtor’s bank accounts even if the creditor has not recorded its judgment or has recorded in second place. Florida Statute 55.081 states that judgments are good for 20 years.
Adoption for Gay and Lesbian Couples (Legal Guide)
In Florida, adoption for gay and lesbiand couples is a legal …
In Florida, adoption for gay and lesbiand couples is a legal proceeding that grants full parental rights to the non-biological spouse in a same-sex relationship. Same-sex adoption is fully legal …in the state of Florida.
While gay adoption under Florida law used to be outlawed by Florida statutes, in 2010 the Florida Court of Appeals ruled that the law banning gay and lesbian people from adopting was unconstitutional. Then in January 2015, same-sex marriage was legalized as a result of the Obergefell v. Hodges Supreme Court decision. The legalization of marriage then allowed same-sex couples to complete stepparent adoptions.
What is a Readoption (Recognition of Foreign Adoption)?
A Florida readoption, otherwise known as Florida recognition of …
A Florida readoption, otherwise known as Florida recognition of foreign adoption, is usually the last legal step on your adoption journey when adopting internationally. The process is governed by Chapter …63, Fla. Stat. As a result of the readoption, your child will receive a Certificate of Foreign Birth (which functions like a domestic birth certificate).
In Florida, Chapter 7 Bankruptcy is the legal procedure where the …
In Florida, Chapter 7 Bankruptcy is the legal procedure where the debtor’s unsecured debt is discharged after the debtor’s non-exempt assets have been liquidated. A person must be a permanent …Florida resident or own property in the state to file a Chapter 7 bankruptcy in Florida. Florida has three bankruptcy districts (Southern District, Middle District, and Northern District), and each of Florida’s counties is assigned to one of the three bankruptcy districts. People must file bankruptcy in the district and local division where they reside.
Grandparent and Kinship Adoption in Florida (Legal Guide)
In Florida, a relative adoption allows a person to adopt a grandchild, …
In Florida, a relative adoption allows a person to adopt a grandchild, niece, nephew, or sibling. Relative adoptions use streamlined court rules and procedures that make the process quicker and …less expensive. Relative adoptions are also known as kinship adoptions. The most common form of relative adoption in Florida is a grandparent adoption. Florida law has created expedited and simplified procedures for adoptions by relatives. The procedure is similar to a stepparent adoption. Relative adoptions are governed by Chapter 63 of the Florida Statutes.
Orlando Bankruptcy Attorney (How to Pick the Best)
An Orlando bankruptcy attorney helps debtors in central Florida file …
An Orlando bankruptcy attorney helps debtors in central Florida file Chapter 7 or Chapter 13 bankruptcy. Bankruptcy is a legal tool provided by Federal law that allows people to discharge …debt under Chapter 7 of the Bankruptcy Code or set up a payment plan under Chapter 13.
Most people who file bankruptcy are honest people who feel badly about …
Most people who file bankruptcy are honest people who feel badly about not paying their debts. Many believe that bankruptcy is immoral or that they are doing something wrong. Perhaps …these people are too hard on themselves.