While video games have become increasingly realistic over the last few years, they still cannot compete with the virtual world reality of computer based Internet services. To some, SecondLife.com may seem like a game, but to others it really is a “second life.” Second Life is a website that allows…
Articles Posted in Asset Protection
Mother Finds Comfort After Daughter’s Death Through Facebook
In a recent TIME article written by Gaelle Faure, the tragedy of daughter’s death is told. Like many parents of teenagers and young adults, Pam Weiss has never had a social networking account of any kind. Many older generations have remained reluctant to create a Facebook or MySpace account due…
Florida Asset Protection : LLC issues: Olmstead v. Federal Trade Commission
The Supreme Court of Florida recently had a chance to consider the single member LLC and the charging order protections under Florida Law. As expected by many, the single member LLC is not afforded the protection that a multi member LLC can be under certain circumstances. If you are wanting…
Update Intellectual Property in Estate Planning
In today’s society, intellectual property rights are rapidly increasing for those individuals that are business savvy and artistically or scientifically talented. Intellectual property rights (aka intangible assets) include patents, copyrights, trademarks, and publicity rights. In most instances, intangible assets are obtained as a direct result of someone’s job, profession, or…
Garnishments in Florida
A garnishment is a way of collecting money from a defendant by ordering a third party (usually an employer) to pay money, otherwise owed to the defendant, directly to the plaintiff. Florida is one of the few states in the country to allow an exemption from wage garnishment. In Florida,…
Digital Asset Trust and Picture Sharring
Digital Asset Protection Trust can help preserve your pictures and other website information after you die or if you become incapacitated. Most picture sharing websites promote the freedom to assign ones property rights to another. While all of these websites prohibit reselling the account to another, Flickr was the only…
What a Prenuptial Agreement Can and Cannot Protect?
According to a recent statistic in the USA Today, a poll found that only 4% of married couples in the United States have a premarital or prenuptial agreement. Florida was reported as having one of the country’s worst divorce rates in 2009. Due to this alarming rate, Florida allows couples…
When do you Digital Assets Expire and are they Assignable
We have started reviewing digital assets for whether they are assignable and when they will be deactivated. There are services that purport to pass on login information to who you designate after you die. Remember that such a transfer does not appear to be legal and may create liability to…
Inherited IRA Not Protected from Creditors in Florida Second DCA case rules
In the case of Robertson v. Deeb 16 So.3d 936 (FL. Dist. Ct. App. 2 DCA 2009) the court held that an inherited IRA does not have the same creditor protection that an individual’s IRA by concluding that F.S. 222.21(2)(a) “does not apply to inherited IRAs because the plain language…
Florida Homestead Protection and Creditors: Will your home be protected upon your death?
When a person dies, who owned a property protected by a Florida Homestead we generally expect the property to be free from the claims of creditors. There are certain situations when this is not true and other types of planning could prevent creditors from making claims against your Florida Homestead.…