Archive | August, 2011

Cutting Your Losses: When to Stop Paying Homeowners Association Fees and Insurance on Surrendered Property

22. August 2011

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Surrendering your property due to bankruptcy or foreclosure is a gut-wrenching and slow process. The foreclosure process used to be quicker, but today’s economy has slowed it tremendously. Thus, you may surrender your home months before the foreclosure process is complete and the deed is transferred to the bank. Some homeowners move out of the […]

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Do You Need a Guardianship if You Already Have a Power of Attorney or Health Care Surrogate?

22. August 2011

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Clients often come to SmithLaw to set up guardianships and other similar arrangements. Some terms that are commonly confused are Power of Attorney, Health Care Surrogate, and Guardianship. Power of Attorney (POA) A Power of Attorney is when you give someone the authority to make decisions for you. It must be created when you are […]

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Florida House Bill 155

18. August 2011

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Florida has a new law that regulates some of the questions that doctors can ask their patients. Passed in June 2011, House Bill 155 (similar to Senate Bill 432) makes it illegal for doctors to ask about the presence of guns or ammunition in a patient’s home. This new law was inspired by the continuing […]

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Florida Senate Bill 234

18. August 2011

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Florida Senate bill 234, introduced by Republican Senator Greg Evers, was signed by Governor Rick Scott on June 17, 2011. This new law changes the way concealed weapons can be displayed and assures they can be kept in a lawfully parked vehicle (in places not already excluded by previous laws). It also modifies Florida’s laws […]

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The Right to Bear Arms

18. August 2011

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Americans debate gun ownership quite often. The debate often stems from the wording of the Second Amendment of the United States Constitution. The Second Amendment is part of the Constitution’s Bill of Rights and is the piece of legislation that surrounds the issue of gun ownership in America. We know, from historical documents, that the […]

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Avoiding Probate

18. August 2011

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Probate is the division and distribution of a deceased person’s estate. This procedure is supervised by the courts and assures that the estate is properly divided and all expenses and debts are paid. Probate involves lot of legal paperwork, something that comes as a surprise for many who thought they would receive an inheritance in […]

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Should I Make a Will?

18. August 2011

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Yes-everyone over the age of 18 should make a will. Most people who do not create a will feel it is too expensive, too time consuming, irrelevant for their situation, or just do not get around to making one. Wills are important because they allow your property and financial assets to be passed to the […]

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How Will Bankruptcy Affect My Credit?

10. August 2011

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Our tough economic times have made bankruptcy very prevalent in the state of Florida. Bankruptcy often occurs because of unemployment, underemployment, health issues, divorce, or other life crises. Bankruptcy makes everyone apprehensive, partly because there are so many things to consider. It is wise to consult with an experienced bankruptcy attorney to make sure you […]

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Who Can Act as a Personal Representative?

10. August 2011

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A personal representative is needed for probate cases in the state of Florida. This personal representative assumes control of the deceased person’s property and handles most aspects of the person’s estate. The Florida State Statutes details its laws of probate in Title XLII (Estates and Trusts). Chapter 733, Part III discusses the preferences for and […]

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