May 2011 Archives

May 28, 2011

Adopted Children Inherit from Whom?

When a parent has died in Florida without a will, they have died intestate. Under the Florida intestate succession statutes, an adopted person is considered to be the descendant of the adopting parent and is considered the natural family of all members of the adopting parent's family. The adopted person is not a descendant of his or her natural parents, nor is he or she "kindred" of any member of the natural parent's family or any prior adoptive parent's family.

The confusion as to whom an adopted person can inherit from stems from the several scenarios in which that person may be adopted. A child may be put up for adoption after their natural parents have terminated their parental rights. A child may be adopted by his or her natural parent's spouse (who married the natural parent after the death of the other natural parent). A child may be adopted by a close relative after the death of both natural parents.

Each scenario has different implications as to how an adopted child is treated as far as his or her inheritance rights. It is best to consult with a Probate Attorney who can assist you in understanding your legal rights when your adopted or natural parent has passed away.

May 27, 2011

Florida Probate Process!

St. johns judicial center.jpgProbate comes from the root word "to prove". When someone in Florida has passed away leaving assets in his or her name only, a probate proceeding must be initiated. The first step is "proving" to the St. Johns Probate Judge that the Will you are presenting to him or her is the valid Will of the person who has died.

The goals of the Florida Probate process is:

1. To gather and inventory all the estate assets;
2 Pay the legitimate claims of creditors and pay taxes; and
3. Distribute the estate assets and property according to the provisions of the Will.

A probate proceeding may be an abbreviated procedure or a formal, more drawn out probate administration. The circumstances will dictate what type of proceeding you will be required to file. One must have a Ponte Vedra Probate Attorney to file a probate action in court.

May 25, 2011

Are Florida Residents Suffering from Gender Identity Disorder.

Gay Flag Pole.jpgGender Identity Disorder in Florida is a real, serious and often untreated disease. A recent federal case ruling validates the existence of Gender Identity Disorder (GID) which may affect many Florida Gay, Lesbian and Trans-gender persons.

The U.S. Court of Appeals for the 1st Circuit has upheld an order requiring the Massachusetts Department of Corrections to give hormone therapy to an inmate diagnosed with gender identity disorder. The court ruled that prison officials acted with deliberate indifference to the inmate's medical needs, in violation of the Eighth The lawyer representing the inmate reported the importance of the 1st Circuit in recognizing that if left untreated, gender identity disorder could be extremely important. See Inmate with Gender Identity Disorder.

If you are a gay, lesbian, or transgender individual who would like to learn about how the law either protects or does not protect certain rights, consult with a Florida Attorney about the legal documents that you can have prepared to protect yourself.

May 16, 2011

Ashes to Ashes, Dust to Dust, Deed to Deed

For Sale Sign.jpgIf your last parent in Florida has passed away leaving their Jacksonville home, how do you proceed if you want to sell the house? A Florida deed transfers title to real property from one person(s) to another. Generally before anyone will purchase a property, they will require clear title to the real property.

Whether your surviving parent died with a Florida Will or without a Will (intestate), if you want to sell the home, title to the property will need to be transferred to your parents to the named beneficiary or heir. A Florida probate proceeding is necessary to transfer title to the real property in such a way as to establish clear title. Florida statutes require that a Jacksonville Probate Lawyer or a Florida Probate Lawyer is used to represent the Personal Representative or Estate when there is more than one heir in an estate.

May 12, 2011

Beneficiaries of Inherited IRAs May Soon Have Asset Protected IRAs

Florida House bill 469, which was recently passed by the house and senate, states that an inherited IRA is asset protected for the Florida domiciled beneficiary. This is a recent change to court decisions which did not protect the beneficiary of an IRA from creditor's claims. This new law should even apply in Bankruptcy because in Florida the Bankruptcy court uses and analyses state law to determine certain exemptions.

The bill is expected to be signed by Governor Scott soon.

May 4, 2011

Florida Legislature Fixes Charging Order Protection for LLC's

Florida's Governor is expected to sign a bill that was passed by the Florida Senate on April 29th, 2011 which will apparently retroactively make a charging order the sole and exclusive remedy by which a judgment creditor of a member or a member's assignee may satisfy a judgment from a the interest in an LLC and that foreclosure is not an available remedy in a multi member LLC.

Single member LLC do not have as strong of a protection and a creditor can apply for a foreclosure when it is shown that distributions will not satisfy the judgment within a reasonable amount of time.

Here is the house bill text on the subject which was passed on May 2nd 2011

CS/HB 253 - Limited Liability Companies
GENERAL BILL by Civil Justice Subcommittee and Stargel and McBurney (CO-SPONSORS) Passidomo; Schwartz; Steube

Limited Liability Companies: Provides that charging order against member's limited liability interest is sole & exclusive remedy available to enforce judgment creditor's unsatisfied judgment against member or member's assignee with respect to limited liability company; provides exception for enforcing judgment creditor's unsatisfied judgment against judgment debtor or assignee of judgment debtor of single-member limited liability company under certain circumstances; provides that, in case of multimember limited liability company, certain remedies are unavailable to judgment creditor attempting to satisfy judgment; prohibits court from ordering such remedies; provides construction relating to secured creditor rights, specified principles of law and equity, and continuing enforcement jurisdiction of court; provides legislative intent; provides for retroactive application.