Choosing a Guardian for your Child

Deciding who to choose as a qualified guardian for your child is one of the most difficult things any client ever has to do. For many, they can't do the rest of their estate planning until they resolve this issue. That leads into the planning not getting done. Here are a few suggestions and tips for choosing a guardian for your child.

1. Family is not a requirement. You do not have to name family members. You can choose anyone you wish.

2. No matter who the guardian is make sure that the rest of the family members will have access to the child. This should include appropriate traveling to meet with relatives who may not be local. It is important that the guardian understand, from the nomination document, that you expect this. It is not uncommon for the guardian to not like all sides of the family but they must think of the child first and be able to put aside their differences for the child's best interest.

3. Have backups. Sometimes the person that we are counting on to be the guardian has some drama in their life at the time they are needed. Life Happens. make sure that you have enough people on your list, so someone you trust will be appointed guardian of your child.

4. You may want to consider only nominating individuals instead of couples. What if the relationship doesn't work out? You don't want your child to become apart of their custody battle.

5. Make good use of contingencies. Instead of nominating a husband and wife, if you want a couple to raise your child, use a contingency. For example you can nominate Katie as guardian of your child, but only if she is married to Bob. You can also use a contingency for the location, such as "Katie, as long as she lives in Ocala, Florida." Or perhaps you want to broaden that area to be Central Florida. If Katy then moved to Georgia she would no longer be an acceptable guardian.

If you are having any questions with your Will, Trust, or Estate Planning call our office and let us guide you in the right direction. Let our office help lower the stress in these difficult times.

The Law Office of Samuel P. Bennett

(352) 221-0971

www.SamuelPBennettLaw.com

Estate Planning

Estate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning is meant to typically to eliminate uncertainties over the administration of probate and maximize the value of the estate by reducing taxes and other expenses. Guardians are often designated for minor children and beneficiaries in incapacity. Estate planning can involve wills, trusts, beneficiary designations, power of appointment, property ownership, gift, power of attorney, and the durable medical power of attorney. After widespread litigation and media coverage of the Terri Schiavo case many estate planning attorneys also advise clients to create a living will. Specific final arrangements, such as whether to be buried or cremated, are also often part of the documents. More sophisticated estate plans may even cover deferring or decreasing estate taxes or winding up a business.

Here are a few suggestions and questions to ask yourself in order to decide if your estate planning is up to date:

1. Is your Trust (or Will) up to date? If you have reviewed your estate plan recently, then you should. The laws can often change and the last thing you want is the Probate Court to decide your children's future.

2. Have you selected the appropriate guardian for your children? Make sure the people you have chosen are still willing and able to serve. Also, make sure you have temporary guardians in case your permanent guardians need to travel to get your kids.

3. Do you have adequate Life insurance? All of the documents only direct what happens to the money and assets you own. If you don't have much, there is not much there for your surviving spouse or children. Estate planning documents do not create wealth. Life Insurance creates wealth. Make sure you have enough to help your spouse or children.

4. What if you become incapacitated? Who will manage your finances if you can't manage them yourself? Make sure you have someone that is trustworthy. They will be making very important decisions on your behalf.

5. Do you have an Advance Health Care Directive? This is one document that protects you. You want to make sure that the person that you ask to be your agent will follow your instructions. Find out if they will they ask questions of the Doctor, get a second opinion, and/or consult with other family members. Remember, these are decisions being made on your behalf.

6. Do you have a HIPAA release? Without one a Doctor will not tell anyone about your private medical condition. This can make it extremely difficult for anyone to actually take over on your behalf if necessary.

7. Is your trust funded? Have you titled all of your property into the trust. Make sure all of your bank accounts, brokerage accounts, real estate and other properties are actually titled in the name of the trust.

These are just a few things to be considered before it's too late. If you have any questions please call our office now and we will be more than happy to help you make decisions through your stressful times.

Will and Testament

A will or testament is a legal declaration by which a person names one or more persons to manage his or her estate and provides for the transfer of his/her property at death. In the strictest sense, a "will" has been limited to real property while "testament" applies only to dispotions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament") though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

There are certain requirements for the creation of a will, Some of the requirements include:

The testator should be over the age of 18 and of sound mind.

The testator must clearly identify him or herself as the maker of the will and that a will is being made.

The testator should declare the he or she revokes all previous wills and/or testaments.

The testator may demonstrate that he or she has the capacity to dispose of their property ("sound mind") and do so freely and willingly.

The testator must sign and date the will, usually in the presence of atleast two disinterested witnesses (persons who are not beneficiaries). Also, the signature must be placed at the end of the will otherwise any text following the signature will be ignored.

One or more beneficiaries must geberally be clearly stated in the text.

There is no legal requirements that a will be drawn up by a lawyer, but there are many pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death. After the testator died, a probate proceeding may be initiated in court to determine the validity of the will that the testator created. If the will is proved invalid in probate, then the inheritance will occur under the laws of intestacy as if a will were never drafted. This is why it is always best to have an attorney draft your will. It will help to ensure that your property will be distributed correctly. If you are considering having a Will and Testament created then call our office. We can help answer any questions you may have and help you through the technicality of creating a will to ensure your belongings are divided up correctly.

Real Estate Contracts

In real estate, to have an official contract, there must be an offer and acceptance. Even with a written agreement with offer and acceptance, you still need consideration to make the deal work. Consideration in real estate means that the buyer will make a deposit with an offer, cash that is designed to show the seller's intent and to compensate the owner if the deal falls through because the buyer withdrew for no apparent legal reason. Basic real estate forms are used locally are likely to cover many issues and in some cases may even be used without alteration. Keep in mind as real estate deals become more complex, more and more deals require not only basic forms, but also "addenda" which are additions to a contract form made on a separate sheet of paper. Two sheets are considered addenda; one sheet is addendum. These addenda are important because if properly written they supersede any conflicting language found in the basic form. Any real estate agreement can be verbally discussed but generally to be legally enforceable they must be in writing. They also must be made by people who are legally competent. Remember to always have your contracts and any addenda completely reviewed by an attorney to assure that the details of such additions are fully understood. If you decide to list your property through a broker, be certain to get a copy of the offer form used by that broker. Carefully inspect the document with the broker, and if necessary with an attorney. Fully understand all obligations required. All areas have a standardized form agreement that is available for local home sales. It is recommended to use a localized form rather than a generalized form because local jurisdiction commonly require certain items to have a valid real estate agreement. When dealing with selling or listing your home there can be many different types of listing agreements and contracts. In order to protect yourself and the listing or sale of your home have an attorney review all of the documents before signing.

Don't wait until it's too late!

Here at the Law Office of Samuel P. Bennett, P.A. we offer a variety of affordable legal services. Call today for help with your legal questions and let our office lead you in the right direction. We handle many different legal areas including General Law, Criminal law, Family Law, Bankruptcy, Divorce, Foreclosure, Contract and Real Estate Law, and many others. Our office also services a wide area in Central Florida including the following County's: Marion, Alachua, Levy, Citrus, Dixie, Gilchrist, Sumter, and Hernando. The office of Samuel P. Bennett is a friendly, helpful, and knowledgeable environment. We understand that our clients are going through a difficult time and we strive to make it as easy as possible for you. So if you need an attorney who is going to stand up for you and help you through your legal matters then call now and let our office help you make the best legal decisions so that your family is protected. Don't wait until it's too late. Call the Office of Samuel P. Bennett, P.A.. (352) 221-0971

Probation

Probation is a serious consequence, even though people tend to believe it is a much better deal than jail. While the defendant remains out of custody, the conditions of probation can be very difficult to handle for some. That is why consulting with an attorney can help clients to decide whether probation, if it's a viable option, is the best option for the defendant. An attorney can also fight to keep problematic terms out of probation requirements, thereby reducing the risks of future legal problems. In Florida, if a person is convicted and sentenced to probation, it typically means their attorney found some mitigating factors (or information that helps the defendants case) throughout the course of the case. It can also mean that the State's case against the defendant is weak, but that the defense found it to be a better plan to serve time on probation rather than risk a conviction at trial and the resulting prison sentence. But sometimes prison or jail is better than probation. While that may seem like backwards thinking to some, it may be true. Some individuals aren't able to keep up with the monthly demands of probation, which can include conditions such as time constraints on when and where they can travel, house arrest, monthly payments, drug testing, and other conditions. One probation violation and a person could be sitting in jail or prison for the maximum term allowable by the crime. Of course, beating the charges and making sure the defendant doesn't face any penalties is the first goal of any criminal defense attorney, but sometimes that's not possible. Then sound advice and counsel become important to the defendant. We work with clients to help them determine the best course of action for them, based on their circumstances and what they are best able to accomplish. Call the Law Office of Samuel P Bennett, P.A. now in order to get the best advice for your case.

Child Support

In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. Child support is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated or in some cases never even existed. Often the obligor is a non-custodial parent. The obligee is typically the custodial parent, a caregiver, a guardian, or the state. The economic recession that has gripped the country has significantly affected families in many ways including the ability to financially support one's child. One of the biggest problems has been the drop in child support payments. Missed payments are no longer simply a case of 'deadbeat parents' who don't want to pay child support. Rather, many jobless parents are simply too poor to afford these support payments. When a parent continually misses child support payments for any reason he or she must face the consequences, usually by being brought into court by Department of Revenue/Child Support Enforcement (DOR). The delinquent parent may even end up incarcerated for failure to pay support. Florida's child support laws are unique in that Florida is only one of five states where as a "deadbeat" parent facing trial is not guaranteed access to court appointed counsel. Ultimately this means that a parent who is too poor to pay child support will likely go to jail because they are too poor to afford a lawyer. If you are in the process of setting up child support payments please call The Law Office of Samuel P Bennett, P.A. to find out how our office can help you through your stressful time.

Foreclosure

Foreclosure can be a very stressful time for a homeowner in these difficult economic times. Once you are put on notice that your bank or mortgage company is planning to foreclose, take action. Seek assistance. Don't wait until the Sherriff shows up on your doorstep to seize the property. Even if you are several months behind on making payments there is still a chance to salvage the situation. So what exactly is a foreclosure? It is the legal process by which a mortgagee, lien holder, or lender obtains a termination of a mortgagors's equitable right of redemption, usually by court order. That means that the borrower had defaulted on the loan and the lender is trying to repossess the home. The process of foreclosure can be rapid or lengthy and varies from state to state. There are options such as refinancing, a short sale, alternate financing, temporary arrangements with the lender, or even bankruptcy may present homeowners with ways to avoid foreclosure. Websites that can connect individual borrowers and homeowners to lenders are increasingly offered as mechanisms to bypass traditional lenders while meeting payment obligations for mortgage providers. The debtor may also be able to contest the foreclosure. In any case, representation is always advisable. It is your best option to help stop the foreclosure and to legally protect you and your family.

Divorce

Divorce, also known as the dissolution of marriage, is the final termination of a marital union, canceling the legal duties and responsibilities of the bonds of matrimony between the parties (unlike an annulment which declares the marriage null and void). Divorce in the United States requires the sanction of the court or other authority in a legal process. The legal process may also include other issues of spousal support, child support, child custody, distribution of property and division of debt.

There are many different types of divorces. Here are some of the different types of divorces. The No-fault divorce requires no allegation or proof of fault of either party. The At-fault divorce requires proof by one party that the other party had committed an act incompatible to the marriage. An Uncontested divorce is where the two parties can come to an agreement about the property, children, and support issues and present the court with a fair and equitable agreement. A collaborated divorce is a method where the parties negotiate an agreed resolution and are empowered to make their own decisions based on their own needs and interests but with complete information and full professional support.

Dealing with a divorce, child custody, child support, and all of the issues that can arise in a divorce can be an extremely stressful time. If you are considering a divorce call our office to make an appointment to go over what would work best for your situation, to protect yourself during this difficult time.

Dealing with Clients

In the retail world you are taught that the client is always right. This is not always accurate, but it is made this way to respect the client and try to earn the client's business. There are always difficult clients and clients that think what they want is correct and do not care if you agree. The legal profession can be the same way, except it is somewhat different. The Law requires that certain things be done and certain rules be followed. So when a client wants an attorney to do something specific, that attorney has to see if what the client wants can be done, and if so, how to do it. The client may want it done faster or in a different way, but in this respect, the client is not always right. The attorney gets to make these choices that way the client and the attorney are legally protected. Some clients want proof for choices made or want to know why things are done a certain way and what the reasons are for it. There are many answers for them. Some of which attorneys learn in law school, but most are learned on the job. The client might not understand all of the reasoning as to why certain decissions have to be made. There may be a good reason for it, or atleast a practical reason, but not always is the answer going to be what the client wants to hear. Updates are always good for the client, but you learn how to give those as you get more experience.

Bankruptcy

The concept of bankruptcy is to give an individual (known as a debtor) or a married couple (known as joint debtors) a new start. Get rid of the creditors and start fresh. Of course, that's over simplified but it the general idea. The problem is that the bankruptcy does not get rid of all debts. Generally student loans are not dischargeable. There are exceptions, but for the most part you are still responsible for the student loans. IRS and State tax are also not dischargeable. Most people use bankruptcy to get rid of credit card debt, medical expenses, repossessions in which money is still owed, and other bills. For this, bankruptcy works. However, it's not a given. There are numerous forms that must be filled out. In Florida those forms are generally filled out electronically or through a computer. If you represent yourself, pro se (without the help of an attorney) then you can use the paper form. If you have questions with the forms it may be a good idea to seek the help of an attorney. Usually it is not too difficult, but it is a lot easier with the help of an attorney to help guide you and make sure everything is done accurately and correctly.

Time is of the Essence

Time is of the Essence is a common phrase often used in contracts, which in effect says: the specified time and dates in this agreement are vital and thus, mandatory, and simply put: "We mean it." Therefore, any delay, reasonable or not, slight or not, will be grounds for cancelling the agreement. Failure to act within the time required constitutes a breach of contract. The general rule is that time is not of the essence unless the contract expressly so provides. As a result, with respect to a real estate transaction, the modern view is that time is not of the essence unless the parties have manifested such an intent. The same is generally true in construction contracts and contracts relating to the manufacture of goods. When time is not of the essence, courts generally permit parties to perform their obligations within a reasonable time. However, every situation is different. Whether time is of the essence or not in your situation, it is always in your best interest to have an attorney on your side to protect your legal matters.

The Law office of Samuel P. Bennett

Welcome to the law office of Samuel P. Bennett, P.A. Our office has a knowledgeable and friendly environment in north central Florida. We are dedicated to providing quality legal advice and service to each client. We make sure that you have all of the information you need in order to make important decisions about your situation and case. Samuel P. Bennett P.A. has many areas of law practise including: General Legal Issues, Family Law, Criminal Law, Bankruptcy, Probabte, Contract, and Real Estate Law. Contact the Samuel P. Bennett law office for your legal matters. (352) 221-0971