<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"><channel><title> Debra G. Simms, P.A. Blog</title><link>http://www.simmslawfirm.com/</link><description>This is the  Debra G. Simms, P.A. Blog</description><copyright>Copyright (c) 2012 </copyright><pubDate>5/18/2012 7:15:56 AM</pubDate><lastBuildDate>5/18/2012 7:15:56 AM</lastBuildDate><ttl>5</ttl><item><title><![CDATA[ Don't wait until it's too late.  Do your will. ]]> </title><description><![CDATA[ &nbsp;

In my estate planning practice, there is one very popular rant. It goes something like this:
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Caller: "Do you do wills?"
&nbsp;

Me: "Yes, would you like to make an appointment to discuss the will?"
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Caller: "How much?"
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Me: " The initial consultation is free. We will go over your options and I will quote your fee."
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Caller: "How much for a simple will? I just want a simple will."
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Me: "It depends on your situation. Are you married? Do you have children? What kind of assets do you have? This is why I like to have an initial consultation."
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Caller: No, I just want a simple will. What is your price for a simple will?"
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Me: "Well, it's going to depend on a couple of factors. Do you want to set up a free consultation?"
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Caller: 'I just want a simple will. I have been married for 30 years and I have one son. I just want a simple will."
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Me: "Ok, then does your son have any children?"
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Caller: "Yes, and he has a terrible wife. I don't want her to have any rights to my money. And ther kids aren't responsile. They shouldn't get the money until they are 25!"
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So it's not so simple. A friend of mine calls this the LegalZoom mindset. Law as a commodity.
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I don't do volume esate planning work. I am not LegalZoom. I do quality estate planning for a very reasonable fee. It's good for you and it's good for me.
&nbsp;

Call me for a free estate planning consultation. Don't wait until it's too late.
&nbsp;

Debra G. Simms

Orlando
The Villages
Daytona Beach

407-331-4529 or toll free: 1-877-447-4667
 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/don-t-wait-until-it-s-too-late-do-your-will.html</link><pubDate>5/13/2012 6:24:00 PM</pubDate></item><item><title><![CDATA[ Online Legal Services Are Not What You Think! ]]> </title><description><![CDATA[ I have blogged about this before, but it really bears repeating.&nbsp; Online document preparation services for estate planning will never match the value of a real attorney-client relationship.&nbsp; Here are&nbsp;some of my reasons:
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1. Deciding which estate plan is best for you and your family has critical tax and other legal implications.&nbsp; Everyone has different needs, and only by speaking with a lawyer about your goals and plans can you make an informed choice about the right estate plan.
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2. The law is always changing.&nbsp; Lawyers versed in their state's laws and the most recent changes can keep you up to date on these developments.
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3. The basic packages are incomplete.&nbsp;&nbsp;Most online services offer the basics such as wills and deeds, but they can not advise you about probate and incapacity tools such as revocable trusts and lady bird deeds.&nbsp; A lawyer will advise you of your options as part of the intake consultation, often for no fee.
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4. Generic documents are merely models.&nbsp; A lawyer can tailor documents to your needs so that you have protection that makes sense for you.
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5. You are stuck with their prices.&nbsp; When you work with a lawyer, you can negotiate a flat fee or hourly rate depending on your needs.&nbsp; With online services, that is not an option.
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6. The advertised prices are not what they seem.&nbsp; The price for a simple will may only be $79.&nbsp; But, what if you want a more sophisticated document because of special family circumstances?&nbsp; You can easily spend hundreds of dollars more for something that might be included with the attorney.
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7. No on-going relationships.&nbsp; Your estate plan documents are prepared and all of a sudden a legal issue comes up.&nbsp; When you contact an online service for information, you might get a customer service hotline!&nbsp; There is nothing like a real life lawyer who knows you and your family and get can right to the heart of the problem.&nbsp;
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I hope you consider this before using an online service for your legal needs.&nbsp; You pay hundreds of dollars every month to insure and protect your car and&nbsp;your house.&nbsp; Why not protect your assets for a fraction of this cost?&nbsp; Don't cut corners on this important legal foundation.
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Call the offices of&nbsp;Debra G. Simms for your free estate planning consultation.  ]]> </description><link>http://www.simmslawfirm.com/blog/posts/online-legal-services-are-not-what-you-think.html</link><pubDate>4/29/2012 9:17:00 AM</pubDate></item><item><title><![CDATA[ The New Rich-Inheriting Big ]]> </title><description><![CDATA[ &nbsp; When I looked out the window to see my clients pull in the parking lot, I saw a new sports car.&nbsp;The couple who entered my office was well dressed and the wife was wearing a sizable diamond ring and a designer hand bag.&nbsp;The intake sheet listed a home address in a lovely gated community. 
The veneer of wealth vanished on page 2 of the intake form. Home equity? None. Mortgage payments?&nbsp;Two of them. &nbsp;Credit cards? &nbsp;A dozen maxed-out and using another to pay minimum balances.
You are thinking that this couple came to see me for bankruptcy advice.&nbsp;Nope.&nbsp;Estate Planning!&nbsp;They were expecting a large inheritance from husband&#8217;s mother.&nbsp;Due to a terminal illness, the nest egg was about to pass down the line.
According to the Center on Wealth and Philanthropy at Boston College, despite the current economic downturn, more than $20 trillion will be transferred to heirs in the next 50 years &#8212; the largest transfer of wealth in U.S. history.
The prospect of an inheritance stirs a cauldron of emotions &#8212; in this case, my clients felt they deserved more than their siblings because they did so much more to take care of mom in her later years, especially during the last illness.&nbsp;But most parents distribute assets equally between children, not wanting to play favorites, even if one child did more for them.
Family feuds over inheritance are as old as the Bible (Jacob tricked his twin brother Esau out of his birthright and their father's blessing), and the feuds are even more complicated in blended families. There are ex-wives and ex-husbands, children and stepchildren, parents and stepparents.
My advice: Make a plan.&nbsp;Don&#8217;t expect that your children will divide everything up fairly and amicably. Bitter will contests and trust disputes are costly and can destroy family relationships.&nbsp;I&#8217;ve seen it happen even when there isn&#8217;t much wealth to go around to begin with. 
Don&#8217;t wait until it&#8217;s too late.&nbsp;Plan now.&nbsp;Contact the law office of Debra G. Simms for a free estate planning consultation.
Altamonte Springs
407-331-4(LAW) 4529
&nbsp;
The Villages
1-877-447-4667 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-new-rich-inheriting-big.html</link><pubDate>4/12/2012 4:22:00 PM</pubDate></item><item><title><![CDATA[ Paternity in Florida - Fair for Fathers? ]]> </title><description><![CDATA[ &nbsp;Sometimes the relationship between an unmarried mother and father falls apart before the child is born. In such a case, either parent may be forced to turn to the Courts to determine paternity and child support. Can a party file a paternity action before the child is even born? 
In Florida, the law is clear that a Mother may file an action in the Circuit Court to determine who is the Father of her child. A "Paternity Action" under Florida Statues may be filed by the Mother both before the Child is born (while pregant) and after the child is born. A possible Father may file an action in Court at any time after the child is born. It is not so clear whether the Father has the ability to file an action before the child is born. The Florida statute is silent on this issue. But this interpretation may very well raise constitutional concerns. Specifically, does this Statute violate the Equal protection clause of the US and Florida Constitutions? OK, so, what happens if dad fears that mom might leave the state before or after the child is born? Does he have to wait? Should he wait?Here's where it gets complicated. Fathers not only have to look to Florida law, but also Federal Law - The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) mandates that the paternity action must be brought in the child's Home State. But, the Act defines a child as an individual who has not reached the age of 18. Can an "individual" be an unborn child?So, if Mom decides to leave and "go home" to another State where her family resides before the child is born, then the Father may very well lose jurisdiction in Florida and would be forced to file in the new state. In such a case, the Father may have been wise giving it a shot in Florida. Who knows, Mom might consent to Florida jurisdiction or file a counter petition which would clear up any jurisdictional issues. The Father's worst case scenario would merely be a dismissal of the action.  ]]> </description><link>http://www.simmslawfirm.com/blog/posts/paternity-in-florida-fair-for-fathers-0.html</link><pubDate>3/27/2012 10:07:00 PM</pubDate></item><item><title><![CDATA[ Alimony Update ]]> </title><description><![CDATA[ TAVARES, Fla., March 12, 2012 (GLOBE NEWSWIRE) -- Florida Alimony Reform (FAR), the state's leading alimony reform organization, and the largest such group in the country, today vowed to press on fighting to update Florida's antiquated alimony laws, despite the Senate's failure to bring the House-passed reform bill, HB 549, to the floor last week, in the final week of the legislative session. 
"I'm hugely disappointed on behalf of our members," said the group's spokesman, Alan Frisher, a Licensed Financial Advisor and Certified Divorce Financial Analyst (CDFA). "After the House passed the bill that we supported, by a vote of 83 to 30, I expected the Senate to follow suit. But our opposition had another plan."
The effort's primary opponent is the Florida Bar Association's Family Law Section, headed by attorney David Manz. Last week in the New York Times, Mr. Manz was quoted as saying that alimony reform advocates are a "very vocal, persuasive minority."
"Florida is very much behind the times in its alimony laws," said Mr. Frisher. "And despite opposition from the Family Law Section, many Florida divorce lawyers know this and believe there should be serious revisions to current law."
Mr. Frisher accepted part of Mr. Manz's description and took issue with part. "We are vocal indeed, because the state's permanent alimony laws are backwards, out-of-touch and hugely unfair to everyone in this picture but the lawyers. As far as being a minority, every divorce affects the entire family, and when alimony never ends and payers lose their houses and go bankrupt because they can't afford their payments, the consequences are devastating to children, grandchildren, stepchildren and new spouses. Even when circumstances are not that dire," Mr. Frisher continued, "the animosity between ex-spouses over lifetime alimony is terribly destructive."
FAR intends to support future legislation that will end permanent alimony and replace it with alimony based on the length of the marriage and the income of the parties, as the new law does in Massachusetts. The emphasis will be on generous transitional alimony for the lower earner, with the goal of making lower earners self-sufficient, as is the case in most states throughout the country.
In addition to limiting alimony, FAR supports provisions that would lower or end alimony when a recipient is cohabiting for an extended period. Under current law, cohabiting ex-spouses may collect alimony until death, even if they are living permanently with new partners. FAR also supports establishing a meaningful right to retire, so that alimony payers are not forced to work until death to make their payments, as they are now, even after divorced couples have divided marital assets and given the lower earner assets, pensions, and the Social Security payments that all lower earners receive after ten years of marriage.
For more on FAR's efforts to bring Florida's alimony laws into the 21st century, please visit http://www.floridaalimonyreform.com .
The Florida Alimony Reform logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=11350  ]]> </description><link>http://www.simmslawfirm.com/blog/posts/alimony-update.html</link><pubDate>3/13/2012 11:15:00 PM</pubDate></item><item><title><![CDATA[ Give Your Money Away!  What??? ]]> </title><description><![CDATA[ &nbsp;
&nbsp; 
There may never be a better time to give your money away.&nbsp;
For those of you who are fortunate to have large estates, gifting now is an important estate planning tool due to the pending expiration of a favorable estate and gifting environment, the low interest rate environment, and the abundance of undervalued assets.&nbsp;
Without Congressional action by year&#8217;s end, the Bush Tax Cuts will expire or &#8220;sunset.&nbsp;&nbsp;Currently, many folks take advantage of their ability to make tax-free annual gifts of $13,000 per person per recipient, in addition to unlimited direct gifts for medical and educational expenses.&nbsp;And the 2012 federal applicable exemption amount for life time gifts and gifts made at death is $5,120,000.&nbsp;If the Tax Cuts expire, the exemption will go back to the former $1 million lifetime cap on gifts.&nbsp;This five-fold increase in the exemption was a major &#8220;gift&#8221; to those families wealthy enough to take advantage of such government largess.
Making lifetime gifts is a simple and effective estate tax minimization strategy.&nbsp;Giving assets at no gift tax cost will allow both the current principle and its appreciation to forever escape the Federal estate tax.&nbsp;And taking that concept one step further, smart estate planning will leverage those gifts, while allowing for some control.&nbsp;By using various types of trusts, LLC&#8217;s, asset sales, insurance, promissory notes and other planning tools, lifetime gifting can be dramatically increased.&nbsp;Think of this the same way you think of prefunding college expenses for children and grandchildren; what I am talking about is prefunding one&#8217;s inheritance with any remaining taxable estate directed towards charity, directly or through foundations.
Planning for large gifts should be carefully reviewed in the context of income tax considerations, portfolio investment, cash flow, and many other considerations.&nbsp;Now is the time to meet with your financial planner and estate attorney.&nbsp;This is an election year and none of us can predict what the winds of political Washington will bring next. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/give-your-money-away-what.html</link><pubDate>3/12/2012 9:11:00 PM</pubDate></item><item><title><![CDATA[ "The Descendants" - a good movie and a good lesson ]]> </title><description><![CDATA[ I saw the well&nbsp;acclaimed movie, "The Descendants", last night.&nbsp; It was ok - not great, a little slow, and sometimes over the top.&nbsp; But it's one of those movies that makes you think. About love, money, parenting, life and death.&nbsp; 
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While my movie companion thought the scenes between father and daughters revolving around their dying mother's&nbsp;adultry were very unrealistic, I thought they were&nbsp;true to life and&nbsp;depicted a father-husband dealing with shock, grief, anger, and fear.&nbsp; After 24 years&nbsp;of practicing law and dealing with families during the hardest times in their lives, I thought George Clooney's reactions and actions were completely understandable and probably not that uncommon.&nbsp; He certainly deserved my compassion.
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Viewing the movie as an estate planning attorney, I was also struck with how important it was for the family that their dying mother had made her end of life issues clear and&nbsp;legal.&nbsp; She had prepared a health care advance directive and left no doubt that if she were in a vegetative state she would not "want to lay there and spoil like milk."&nbsp; Her clear directives made it possible for the family to carry out her wishes and begin to move on with their lives.&nbsp; No one, not her parents, her brother, or her close friends, could take issue with&nbsp;Clooney's actions to end his wife's life support.&nbsp;
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Advance health care directives&nbsp;and&nbsp;living wills are important for all of us at any age.&nbsp; Please call me for a free consultation.
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&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-descendants-a-good-movie-and-a-good-lesson.html</link><pubDate>2/26/2012 11:02:00 AM</pubDate></item><item><title><![CDATA[ Alimony in Florida - Big Reform on the Way! ]]> </title><description><![CDATA[ &nbsp; Alimony reform is back in Florida. &nbsp;The Florida House passed a bill in January and the Senate version is coming up for a vote. &nbsp;The proposals revise the factors used for awarding alimony in Florida. &nbsp;Following are the highlights of the Senate version:
Alimony is taxable to the recipient and deductible by payor&nbsp;&nbsp; Life insurance to protect the recipient of alimony only awarded in special situations&nbsp; Bridge-the-gap and durational alimony to be terminated once the recipient is in a supportive relationship (now only the case in permanent alimony)&nbsp; Eliminates permanent alimony in favor of "long term" alimony&nbsp; Clarifies the existing law regarding reinstatement of alimony. &nbsp;If the supportive relationship terminates, alimony cannot be reinstated. &nbsp;The Court cannot reserve jurisdiction to reinstate it.&nbsp; Sets out factors that the Court must consider when the payor spouse retires. Makes this law applicable to certain existing alimony awards and provides time frames that are based on the length of the marriage. Limits the Courts ability to award the divorce and then determine the issue of alimony at a later date.&nbsp; 
&nbsp;The House Bill has differences. &nbsp;The House Bill increases to 20 years what is considered a long term marriage up from the current 17 years. &nbsp;The House version also presumes that alimony should be durational and not long term.
Stay tuned! &nbsp;Your alimony award might be subject to modification under the new law. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/alimony-in-florida-big-reform-on-the-way-80.html</link><pubDate>2/19/2012 3:48:00 PM</pubDate></item><item><title><![CDATA[ Bankruptcy and the Student Loan Crisis ]]> </title><description><![CDATA[ &nbsp;
As a mother of four girls, the financial burden of college is a grim reality that I have had to deal with for the past 17 years.&nbsp; I am a proud lawyer mama with 2 children having already entered professions and 2 on their way!&nbsp;
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Even though I am extremely proud of my girls&#8217; accomplishments, I am&nbsp;aware of how the stress of paying back student loans is not only a concern for the soon to be launched student, but for their strapped families as well. &nbsp;The cost of college has greatly increased in the last decade and has risen beyond most families' reach, making a vital piece of the "American Dream" less accessible to low and middle income families. 
&nbsp;As a nation, we find ourselves in a student loan debt crisis.&nbsp;Young adults have relied on&nbsp;education loans to fund a college education, but not realizing the long term financial consequences,&nbsp;and facing a depressed economy,&nbsp;frequently find themselves with no job, but plenty of education debt. That wasn't supposed to happen!
The student loan market is one of the least understood markets.&nbsp; Now is the time to have a national discussion not only about&nbsp;private and federal loans and how they work, but also a discussion about whether these loans should be treated any differently than other unsecured loans when the&nbsp;borrower is in crisis.&nbsp;
Unlike credit cards, cash advances, car loans,&nbsp;and even some tax bills, it is almost impossible to discharge a student loan in bankruptcy.&nbsp; To&nbsp;do so, you must show that payment of the debt &#8220;will impose an undue hardship on you and your dependents.&#8221; 
Courts often look at different circumstances when evaluating&nbsp;whether a particular borrower has shown an undue hardship. The most common test&nbsp;requires a showing that&nbsp;the debtor cannot maintain a &#8220;minimal&#8221; standard of living if&nbsp;forced to repay the student loans,&nbsp;that there are other factors making the situation likely to persist for a very long time, (like permanent disability) and that the borrower has made good faith efforts to repay the loans.
If you have student loans,&nbsp;it is a good idea to first consult with a lawyer&nbsp;if you are considering bankruptcy. And even if you can't prove undue hardship, repaying your loans through a Chapter 13 bankruptcy plan might be right for you.&nbsp; Be sure to mention your student loans in the first consultation. 
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Contact the Law Office of Debra G. Simms for your free&nbsp;bankruptcy consultation.
Toll free: 1-877-447-4667.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/bankruptcy-and-the-student-loan-crisis.html</link><pubDate>1/29/2012 2:03:00 PM</pubDate></item><item><title><![CDATA[ 6 things you need to know about the New Power of Attorney ]]> </title><description><![CDATA[ On October 1, 2011, the new Florida Power of Attorney Act&nbsp;went into effect. This is a brand new law that will completely replace and supersede Florida's current law governing powers of attorney executed by individuals and will apply to powers of attorney created on, before, or after October 1, 2011. With that said, here are the top six things you need to know about the new law:
1.Signing formalities are crucial. The new law requires a person making a Florida power of attorney (called the "principal") to sign the document in front of two witnesses and a Notary Public (note that the Notary can act as one of the two witnesses). The new law also provides that powers of attorney properly executed under the laws of another state will be recognized in Florida; however, a third party located in Florida that is asked to accept an out-of-state power of attorney can require a legal opinion as to the document's validity under the other state's laws.
2.Be aware of the new rules governing multiple agents. Under current Florida law, if two or more agents are named in a power of attorney to act at the same time, then they must act unanimously, and if three or more agents are named, then they must act by majority vote. This is not so under the new law - instead, the new law provides that multiple agents named to act at the same time can act independently of each other unless the power of attorney specifies otherwise.
3.Filing for divorce triggers revocation of a spouse's authority. The mere filing of a petition for divorce will terminate the authority of the principal's spouse to act under the principal's power of attorney.
4.Powers of attorney will no longer be allowed to "spring" into action. Springing powers of attorney will no longer be allowed to be created in Florida, instead all new powers of attorney will be effective immediately. But note that springing powers of attorney signed before October 1, 2011 will remain valid.
5.Specific authority must be granted. The following catch-all phrase that commonly appears in powers of attorney can no longer be relied on:
"In general, to do all other acts, deeds, matters, and things whatsoever in or about my estate, property, and affairs, whether or not particularly or generally described and any and all other acts, deeds, matters, and things not particularly or generally set forth herein, as fully and effectively to all intents and purposes as the undersigned could do if personally present; and to employ, retain in employment and discharge such persons (both professional and otherwise) as my Agent may deem necessary to assist in the performance of any of the foregoing."&nbsp; 
Instead, a power of attorney must list with specificity the authority being granted.
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6. An agent has the duty to preserve the principal's estate plan. Under the new law an agent acting under a power of attorney has the mandatory duty to try to preserve the principal's estate planning goals to the extent known by the agent.
These are only a few of the highlights of Florida's new Power of Attorney law. To lean more about the new law and whether your old document ought to be updated, contact our office for a consultation.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/6-things-you-need-to-know-about-the-new-power-of-attorney.html</link><pubDate>1/22/2012 9:22:00 AM</pubDate></item><item><title><![CDATA[ Snowbird Alert: Do You Need to Update Your Will When You Move to Florida ]]> </title><description><![CDATA[ &nbsp;
A large part of practice as a Florida estate planning attorney is devoted to working with new retirees who have decided to give up their residency up north and become permanent residents of Florida.&nbsp; Aside from helping them overcome the hurdles created by their former northern state of residence that still wants to collect tax dollars from retirees who maintain what they now consider to be their second home, another obstacle that must be overcome is an estate plan drafted in their northern state that will most likely not work very well in Florida.&nbsp; Here is a list of the problems with northern estate plans that I&nbsp;run into frequently:&nbsp;
1.&nbsp; The last will and testament is not self-proved.&nbsp; F.S. &#167;732.503 provides that a last will and testament can be made self-proved when the testator signs an affidavit in front of two witnesses and a Notary Public who also sign the affidavit in front of the testator and Notary.&nbsp; The affidavit can then be used as evidence that the testator and witnesses signed the will with proper legal formalities required by Florida law.&nbsp; Unfortunately many wills I&nbsp;review that were not created under Florida law lack a self-proving affidavit.&nbsp; What does this mean?&nbsp; It means that before the will can be admitted to probate in Florida, at least one of the people who witnessed the will must be located and asked to sign an affidavit attesting to the fact that they actually witnessed the testator signing the will.&nbsp; This, in turn, will create extra steps and expenses and can significantly delay the appointment of a personal representative.
2.&nbsp; Disqualified personal representatives are named in the last will and testament.&nbsp; Florida law requires that the person named to serve as the personal representative of a Florida estate must either be a Florida resident or related to the testator by blood or certain marital relationships (see F.S.&nbsp;&#167;733.304).&nbsp; This means that if a friend who isn't a Florida resident or the attorney from up north who drafted the will is named to serve as the personal representative, then he or she will be disqualified from serving in Florida.&nbsp; And that's it, there isn't any argument that can be made or exceptions to the rule, the disqualified person will simply not be allowed to serve. 
3.&nbsp; Revocable living trusts ignore Florida homestead laws.&nbsp; Many northerners who buy a second home in Florida title the home in the name of their revocable living trust in order to avoid Florida ancillary probate after they die.&nbsp; But then when the owner decides to make their Florida second home their primary residence and apply for the Florida homestead exemption with regard to real estate taxes, their northern drafted revocable living trust won't contain any references to Florida homestead laws, and so the Florida property appraiser will have to reject the homestead application.
4.&nbsp; Revocable living trusts of married couples ignore Florida homestead laws.&nbsp; What happens when the northerners are married and decide to title their Florida second home in the name of their revocable living trusts, and then, as above, the couple decides to make the Florida home their primary residence?&nbsp; If the couple's northern drafted revocable living trusts contain typical estate tax planning through the use of AB&nbsp;trusts, then when one spouse dies the Florida home will not pass into the A&nbsp;trust or B trust but will instead be distributed as provided by Florida law.&nbsp; This, in turn, will completely defeat the couple's estate planning goals and may very well land the surviving spouse and children in court, particularly if the deceased spouse had children from a prior marriage.&nbsp; 
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&nbsp;5.&nbsp; Durable Powers of Attorney are inadequate.&nbsp; On October 1, 2011, Florida enacted a new power of attorney law that made sweeping changes to the laws governing durable powers of attorney.&nbsp; Florida law now requires that the powers delegated to an agent under a power of attorney must be very specific.&nbsp; In other words, a catch-all phrase such as "my agent can do anything that I&nbsp;can do as if standing in my shoes" won't cut it anymore.&nbsp; Instead, the powers given to the agent must be enumerated in detail.&nbsp; Anyone who owns assets in Florida should consider signing a new power of attorney that complies with the new Florida power of attorney law.&nbsp; 
&nbsp;
The bottom line:&nbsp;&nbsp;Many wills, trusts, powers of attorney and other estate planning documents drafted in northern states won't cross state lines into Florida very well.&nbsp; If you're making the move to become a Florida resident, or if you've already become a Florida resident but haven't updated your estate plan, then it's very important to have your northern-drafted wills, trusts and other documents reviewed by a Florida attorney estate planning attorney to insure that your estate plan will work in Florida the way you expected it to work up north.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/snowbird-alert-do-you-need-to-update-your-will-when-you-move-to-florida.html</link><pubDate>1/22/2012 9:12:00 AM</pubDate></item><item><title><![CDATA[ Alimony Changing in Florida? ]]> </title><description><![CDATA[ New legislation proposed in the Florida House of Representatives would significantly alter many provisions of Florida&#8217;s existing alimony laws. The bill&#8217;s big changes could affect people going through divorce after the law is enacted as well as people with alimony orders going back as far as 12 years.
Existing Florida Alimony Laws
Currently, when a married couple gets divorced in Florida, a judge may grant alimony, sometimes known as spousal support, to either former spouse. In deciding whether to award alimony, Florida law requires judges to make factual determinations as to whether either person has an actual need for alimony and whether either person has the ability to pay it.
If so, the judge will award a type and an amount of alimony based on these factors listed in Florida statute:
The standard of living established during the marriage.The length of the marriage.The age and physical and emotional condition of each person.The financial resources of each person, also considering the division of marital property.The earning capacities, education, vocational skills and employability of each person as well as the time necessary for each person to acquire education or training sufficient to find appropriate employment.The contribution of each person to the marriage, including services rendered in homemaking, child care, education and in support of the other person&#8217;s career.The child-care responsibilities of each person regarding minor children they have in common.The tax treatment of paying and receiving alimony.All sources of income available to each person.Any other factor necessary to do equity and justice between the parties. 
Types of Florida Alimony
Florida Statutes also define four types of alimony, which may be combined in any form.
The first type is bridge-the-gap alimony, which may be awarded to support one former spouse in the transition from being married to being single. It is intended to help with legitimate, identifiable short-term needs, and it may not be awarded for a period longer than two years. Bridge-the-gap alimony awards are not modifiable, and the obligation to pay this type of support ends on the death of either former spouse or when the person receiving the alimony remarries.
The second type is rehabilitative alimony, which may be awarded to help a person become capable of self-support after divorce through the redevelopment of previous skills or credentials or the acquisition of education, training or work experience necessary to develop employment skills. Before rehabilitative alimony is awarded, a specific rehabilitative plan must be created. Florida statute states that rehabilitative alimony orders may be modified or terminated upon a substantial change in circumstances or upon failure to follow or completion of the rehabilitative plan.
The third type is durational alimony, which may be awarded to provide economic assistance to a former spouse for a set period of time after the dissolution of a marriage of less than 17 years. The amount awarded may be modified or terminated if there is a substantial change in circumstances, the duration of the award cannot be changed except under exceptional circumstances, and it cannot exceed the length of the marriage. Durational alimony terminates if a former spouse dies or if the recipient remarries.
Finally, permanent alimony may be awarded to provide for the needs and necessities of a former spouse&#8217;s life as they were established during the marriage. An award of permanent alimony is somewhat rare except following marriages that lasted 17 years or more. Permanent alimony awards may be modified or terminated if either former spouse dies, there is a substantial change in circumstances, or if the recipient remarries or is in a &#8220;supportive relationship&#8221; with another person as defined by Florida law.
Proposed Changes to Florida Alimony Law
The changes proposed in House Bill 549 would considerably alter Florida alimony. Perhaps most noteworthy, the bill would cap all alimony payments at a maximum of 20 percent of the payor&#8217;s average monthly net income over the last three years of the marriage. Also, the obligation to pay alimony would end when the payor reaches retirement age, even if he or she may continue to work.
The bill also would eliminate permanent alimony and replace it with long-term alimony for 60 percent of the duration of the marriage except in limited circumstances. In addition, it would make bridge-the-gap alimony modifiable, reduce the period of durational alimony to half the length of the marriage and increase the definition of a long-term marriage to 20 years or longer.
The proposed legislation states that the alimony award &#8220;may not leave the payor with significantly less net income than the net income of the recipient&#8221; unless exceptional circumstances exist. Further, when evaluating the financial resources available to each person, only assets and debts acquired during the marriage would be considered.
These possible changes could result in significantly lower alimony awards. Because the bill would prohibit consideration of the standard of living established during the marriage as a factor in determining alimony amounts, there could be much less alimony awarded to someone who married a spouse with significant assets coming into the marriage. The bill also would remove consideration of equity and justice when determining alimony amounts, which may limit the ability of judges to tailor awards to the unique circumstances of each case.
Another possible result would be greater flexibility to modify alimony awards. Conceivably, the 20 percent limitation would allow people paying alimony to modify the amounts if their economic situations change, such as losing a job or owning a business that has drastically lost revenue in the recession.
Finally, the proposed legislation also would open the door to re-evaluation of existing alimony awards, which may be revisited for possible modification under the new rules. If you are going through divorce or have an existing alimony award, contact my office for a consultation to learn how the proposed law might affect you! ]]> </description><link>http://www.simmslawfirm.com/blog/posts/alimony-changing-in-florida.html</link><pubDate>1/22/2012 8:42:00 AM</pubDate></item><item><title><![CDATA[ Same-Sex Adoption - My Case! ]]> </title><description><![CDATA[ &nbsp;
Last month I wrote about a Polk County gay couple who adopted a child in Florida now that an appellate court has ruled that the Florida statute banning homosexuals from adopting is unconstitutional.
&nbsp;
Today I represented a couple in a gay adoption case in&nbsp;Seminole County, Florida and it was one of the happiest cases I have ever had.&nbsp; 
&nbsp;
My clients, partners Christy and&nbsp;Grace, &nbsp;first came to see me a few years ago for&nbsp;estate planning.&nbsp; Christy was pregnant, through artificial insemination with an anonymous donor, and both were concerned about many issues including who would&nbsp;get custody&nbsp;of the child if something happened to Christy.&nbsp; The couple was also worried that their child would not be able to inherit from Grace or receive her government and veteran's pension benefits.&nbsp; Their worries were well founded.&nbsp; Some of their concerns could be addressed in estate planning documents, but many could not.
&nbsp;
As of today, Grace is the adoptive parent of their 4 year old son&nbsp;and has the same rights and responsibilities as Christy.&nbsp; No one can ever take him away from her.&nbsp; And their son will have all the benefits of a biological child when it comes to Grace's governmental benefits, health insurance, etc.&nbsp; 
&nbsp;
It was a happy day in court with tears and smiles and lots of photo's.&nbsp; Grace and Christy were proud mama's and I was a proud lawyer - proud of my clients, our judge, our judicial system, and the State of Florida. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/same-sex-adoption-my-case.html</link><pubDate>1/10/2012 11:40:00 PM</pubDate></item><item><title><![CDATA[ The Mystery of Credit Scores ]]> </title><description><![CDATA[ &nbsp;

This time of year many of my clients are considering bankruptcy.&nbsp; They have held off as long as possible and now that the holidays are over,&nbsp;they know they need some debt relief.&nbsp; The most frequent question asked is: How badly will bankruptcy affect my credit score?&nbsp;Even after 23 years of practicing law, I have a hard time answering that question.&nbsp;&nbsp;Folks want quantitative answers.&nbsp;&nbsp;But even though they seem based on&nbsp;a logical&nbsp;arithmetic equation,&nbsp;credit scores are funny things. The calculation is a mystery, as is some of the logic behind it. The formula is a secret of the companies who generate the scores! 
&nbsp;
We do&nbsp;know that if we pay our bills on time, our score will be good. If we do not, it will be bad. Credit scores are fluid. They go up and down constantly, and some of the triggering events aren't even reflective of our credit worthiness.&nbsp; For example, have you ever looked at your credit score after applying for and receiving a new credit card at the check-out lane&nbsp;(so you can get&nbsp;that 10% discount?)&nbsp; You got the new card because your credit is good.&nbsp; But, getting&nbsp;the new&nbsp;card causes your score to drop!&nbsp; Ever been told by a mortgage broker that you have too many recent credit inquiries on your report?&nbsp; Well, of course you do!&nbsp; You have been shopping around for the best mortgage rates!
&nbsp;
So, should you care that your credit score will be affected by&nbsp;a bankruptcy?&nbsp; My answer is no.&nbsp; &nbsp;Credit scores, in and of themselves, are meaningless.&nbsp;Your score does impact your ability to get credit and that which the credit&nbsp;buys you (the new home, new car, new clothes, etc.), but really, folks, do you&nbsp;want more credit right now?&nbsp;&nbsp;Actually, bankruptcy might even help your score - in the long run.&nbsp; Let me explain.
&nbsp;
If you can't pay your bills on time,&nbsp;your credit score will continue to decline and the decline will continue as long as you struggle (and fail) to pay all your debts.&nbsp; On the other hand, if you file bankruptcy, your credit score will be impacted initially, but&nbsp;once your bankruptcy case is closed and you begin to&nbsp;reestablish good payment history, your score will start to improve&nbsp;faster than if you continue struggling (and failing) to pay the bills&nbsp;you cannot now afford.
&nbsp;
If you are in the central Florida area near and around Orlando or in The Villages and would like to schedule a consultation with me, feel free to call Toll free at 1-877-447-4667.&nbsp; My bankruptcy consultations are free. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-mystery-of-credit-scores-72.html</link><pubDate>1/1/2012 6:46:00 PM</pubDate></item><item><title><![CDATA[ On Being a Guardian in Florida - To be or not to be? ]]> </title><description><![CDATA[ Many of my clients are adult children or close relatives of seniors who are having serious&nbsp;memory problems.&nbsp; In many cases, the senior did not, would not, and now, can not, make a durable power of attorney naming a trusted person to act as agent in case of incapacity.&nbsp; What are the options now?
&nbsp;
Usually, the only option at this stage is&nbsp;guardianship - a process whereby the probate judge oversees guardianship administration.&nbsp;&nbsp;
&nbsp;
First, a petition for incapacity must be filed by an interested party.&nbsp; The Court will appoint an examining committee of 3 persons to visit the ill person and determine if he or she is incapacited.&nbsp; The nature of the incapacity can be limited to the person or the person's&nbsp;property, or both,&nbsp;which is called&nbsp;plenary guardianship.&nbsp; The ill person will also receive a court appointed attorney.&nbsp; An incapacited person is referred to as the Ward in these proceedings.
&nbsp;
Second, the person who desires to be appointed guardian must apply to do so.&nbsp;&nbsp; The Court must approve the guardian.&nbsp; Sometimes, a bond will be required, depending on the size and nature of the assets.&nbsp; The new guardian is also required to take a guardianship education course, unless it is waived by the Court.
&nbsp;
The responsibilities of the guardian are dictated by Florida statute.&nbsp; A guardian of property is required to file an initial guardianship report within 60 days of appointment. Such report must contain an inventory detailing the property, assets, and income of the Ward.&nbsp; The inventory must also include any trusts of which the Ward is a beneficiary.
&nbsp;
Thereafter, each guardian must file an annual accounting with the Court.&nbsp; The annual accounting must include a full and correct account of the receipts and disbursements of all the Ward's property over which the guardian has control.&nbsp; The accounting must also contain a statement of the Ward's property on hand at the end of each accounting period.&nbsp; 
&nbsp;
Florida law also now provides that a plenary or limited guardian of the property of the Ward has the power to create or amend a revocable trust or create an irrevocable trust with the Ward's property for estate, gift, or tax planning. This power is important in Medicaid planning and for Special Needs Trusts.
&nbsp;
A guardian is a fiduciary and must always act in the Ward's interests.&nbsp; At the Law Office of Debra G Simms, we offer full guardianship services, from preparing the petition and guardianship pleadings, attending court,&nbsp;to assisting the guardian in&nbsp;executing the above detailed responsibilities.
&nbsp;
Call us for a free consultation.
Debra G. Simms
Orlando: 407-331-4529
The Villages: Toll free:1-877-447-4667
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/on-being-a-guardian-in-florida-to-be-or-not-to-be.html</link><pubDate>12/25/2011 6:12:00 PM</pubDate></item><item><title><![CDATA[ Gay or Straight Couples Have a Registry in Orlando ]]> </title><description><![CDATA[ &nbsp;&nbsp;On December 12th, Orlando's City Council voted to enact Central Florida's first domestic partner registry.&nbsp; This is an historic event for Orlando as it the first time that families - gay or straight - will be able to record their relationship in a government database.&nbsp;The registry opens on Jan. 12th.&nbsp; For a $30 fee&nbsp;registered couples&nbsp;will&nbsp;have some of the same rights that married people take for granted: the ability to visit one another in the hospital or jail, to make health care decisions for an incapacitated partner, and to make funeral plans.The registry&nbsp;applies only to hospitals, funeral homes and other institutions located within the city limits, but couples who live outside the city are free to register. Orange County is considering bringing forward similar legislation that would apply countywide. 
&nbsp;
The registry is also being touted as good for business.&nbsp; Proponents have said the registry will make it easier for companies to transfer and hire LGBT employees from cities that have better diviersity practices in place.
&nbsp;
A cautionary note:&nbsp; The registry does not cover all areas where gay and straight unmarried couples may need to make decisions for one another or be recognized as the proper legal authority.&nbsp; The registry is not a substitute for a well thought-out and drafted estate plan, durable power of attorney, advance health care directive&nbsp;and living will.
&nbsp;
The Law Office of Debra G. Simms offers free consultations for&nbsp;estate planning matters.&nbsp; 
&nbsp;
Call today and ask for our year end web special of 20% off our basic estate planning package.&nbsp; Book your appointment by January 30th to receive this special offer.
&nbsp;
Debra G. Simms
Attorney at Law
Orlando
The Villages
407-331-4529
Toll free:&nbsp;1-877-447-4667 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/gay-or-straight-couples-have-a-registry-in-orlando.html</link><pubDate>12/25/2011 4:33:00 PM</pubDate></item><item><title><![CDATA[ Same-Sex Adoption in Florida- it's all Legal! ]]> </title><description><![CDATA[ David Santamaria Vosburg of Lakeland, Florida seems to find nothing unusual in having adoptive parents he calls "Dad" and "Daddy."
Randy Vosburg and Nick Santamaria are the first same-sex couple in Polk County to adopt a child from Florida's foster-care system.&nbsp; Their adoption of David became official Nov. 18th,&nbsp;National Adoption Day.
For years, Florida law barred same-sex couples from adopting children in state custody, but that changed in September, 2010, when an appeals court ruled the law unconstitutional and then-Gov. Charlie Crist decided not to challenge the ruling.Vosburg and Santamaria were legally married Nov. 12, 2010, in Washington, D.C.&nbsp; Even before the wedding ceremony, they discussed their hopes of having a family.
They checked with private adoption agencies but were discouraged by the cost. In addition, many private agencies have religious orientations and won't consider same-sex couples as parents, said Emily Hecht-McGowan, director of public policy for the Family Equality Council, which advocates same-sex marriage and adoptions. Vosburg and Santamaria considered moving to a state with more favorable policies,&nbsp;but Vosburg has strong ties to Lakeland and the couple live in Vosburg's childhood home.&nbsp;Thankfully, Randy and Nick were able to stay in Florida and make a home for David.&nbsp; The Florida courts and Govenor Crist made it all legal.
&nbsp;If you have any questions about same-sex adoption, please contact the Law Office of Debra G. Simms.&nbsp;  ]]> </description><link>http://www.simmslawfirm.com/blog/posts/same-sex-adoption-in-florida-it-s-all-legal.html</link><pubDate>12/20/2011 3:35:00 PM</pubDate></item><item><title><![CDATA[ Does Debt Consoldiation Work? (redux) ]]> </title><description><![CDATA[ Frequently, my bankruptcy clients come to me after reaching out to debt consolidation companies.&nbsp; They want to solve their debt problems by avoiding bankruptcy.&nbsp; They have already paid thousands of dollars with very unsatisfactory results.&nbsp; 
I'm all for avoiding bankruptcy if possible, but are these companies legitimate? Can they really help?
Here is a typical scenario:&nbsp;
Clients have about&nbsp; $50,000 in debt.&nbsp; The net income is around $4,000 a month.&nbsp; The debt consolidation agency tells the clients if they pay $1,200 per month they could pay off the debt over a 52 month period.&nbsp; The service fees range from $50 - $150 per month or more.&nbsp; Recently, my client, who receives Social Security and a small pension told me she was paying $1900 per month!
&nbsp;
Here's my reaction:&nbsp; these companies are not doing anything the clients couldn't just do themselves. They are paying $mega bucks per month for somebody to make phone calls and send out checks.
&nbsp;
But, I got to wondering - do they EVER work?&nbsp; So, I asked my friend, Sam, a debt collector. &nbsp; Here's what he said:"As a debt collector, I've had occasion to deal with a number of debt settlement companies, and can say I NEVER think it's a good idea for a consumer to employ the services of such a company.&nbsp; First, these companies simply do not do anything for a consumer that he or she could not do for his or herself.&nbsp; (I thought so!)&nbsp; Second, it's ridiculous for a consumer to pay thousands of dollars to such a company when those dollars could actually go to paying down debt. Third, and this is the big one, when a consumer hires a debt settlement company, collectors look at that action as an invitation to sue. &nbsp;Why? &nbsp;Debt collection success is predicated on communication with a debtor. &nbsp;If a collector cannot speak with a debtor, make payment arrangements, etc., there is nothing left to do but file suit."
&nbsp;
Then I asked Donna, a consumer advocate lawyer friend of mine, what she thought about these companies.&nbsp; She said: 
&nbsp;
"HIGH potential for scam activity with these things. &nbsp;I've heard of them taking the payments and never giving them to the creditors - putting the debtor in an even worse situation."&nbsp;
&nbsp;
Then I asked her, "Can't these folks just do the same thing for themselves?"
&nbsp;
Typical lawyer,&nbsp;Donna answered,&nbsp; "Well, yes and no. Sure the debtor can talk to his own creditors and negotiate with them. But it's about as effective as a non-lawyer representing himself in litigation. A lawyer or advisor who knows what he is doing will likely produce a much better result. Of course, it'll cost something to achieve."
&nbsp;
Last, I&nbsp; asked my bankruptcy guru lawyer friend, Steve, and he added this to the debate: "The Fair Trade Commission&nbsp;added debt settlement to its telemarketing sales rule, but this only regulates a debt settlement company who talks to clients on the phone, including if a client calls them.&nbsp; It&nbsp;prohibits upfront costs, but there is no cap on the amount of fees they can charge.&nbsp; And, there is&nbsp;no regulation of internet companies."
&nbsp;
So there you have it! &nbsp; When the evil debt collector, the consumer advocate, and the bankruptcy guru all agree on something, you have to take notice! 
&nbsp;
Before you hire a for-profit debt settlement company, call the Law Office of Debra G. Simms.&nbsp; Toll free: 1-877-447-4667 for your free consultation. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/does-debt-consoldiation-work-redux.html</link><pubDate>12/15/2011 8:13:00 AM</pubDate></item><item><title><![CDATA[ It's National Estate Planning Week! ]]> </title><description><![CDATA[ 5 Key Estate Planning Documents To Help Avoid Family Conflicts
In case you haven&#8217;t heard ( and you probably haven&#8217;t) it&#8217;s National Estate Planning Week. The hope is to raise awareness about the importance of having the proper estate planning documents to protect you, &nbsp;your family and your assets. The intent is to decrease family strife and discourse at the time of serious illness or death.

Below&nbsp;is a list of documents you may need to be sure your desires regarding your estate are legal and clear, hence minimizing conflicts and confusion in your family.

The Advanced Health Care Directive is a specific form that lists your healthcare preferences to be used only at a time when you cannot communicate your wishes. It puts your family, doctors and hospitals on notice as to the types of treatments/tests/care you would or would not want.&nbsp; It also lists those empowered to make health care decisions on your behalf should you not be able to express your desires. Everyone over the age of 18 should have this form completed.Power of Attorney for Asset Management appoints those that you trust to handle your financial affairs. The form also lists those areas in which you allow the individual to assist you. Having completed this form can be very important in avoiding guardianship should you become incapacitated. A durable power of attorney allows your agent to immediately act on your behalf.&nbsp;HIPAA Release Form. Several years ago the federal government passed a law to help protect our health care information.&nbsp; In doing so, it made it more difficult for our family members or trusted individuals to deal with health insurance matters at a time of our incapacitation.&nbsp; By having this special form completed ahead of time, you allow those individuals named in your advanced health care directive&nbsp;to have access to healthcare information to deal with&nbsp;important health care&nbsp;matters on your behalf at a time when you cannot do so.A Will is the method that many people use to transfer their assets upon their death. These are relatively inexpensive to acquire but in most cases will result in probate which can be time-consuming and expensive.&nbsp; For many people who own real estate or have more than just modest assets, they may be better served by having a Living Trust.&nbsp; Even those individuals having a living trust still need a will.A Living Trust is the preferred method of transferring assets upon death for many people.&nbsp; When assets are transferred via the trust there is more confidentiality, less cost, more flexibility with distribution, faster distribution and your wishes are less likely to be contested than with a &#8220;probated will&#8221;. For those with a lot of wealth, the trust might also provide some estate tax benefits. The downside to the trust is that they are a little bit more expensive to create and maintain. If you have the trust, it is important to make sure that the&nbsp;trust is properly funded.&nbsp; All real estate should be transferred to the trust as well as savings accounts, mutual funds and other investments.&nbsp; Assigning your personal property to the trust and having the proper document allows the trustee to distribute your personal property to those that you list thus helping to avoid conflicts within the family when you&#8217;re gone.
You should always consult with an attorney who specializes in estate planning to make sure you have the correct estate planning documents for your situation.&nbsp; Do not rely on the internet or&nbsp;"form" products&nbsp;to create your own&nbsp; documents.&nbsp; You might save a few dollars now, but will create havoc when you are not.
&nbsp;
Call our office for a free Estate Planning consultation.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/it-s-national-estate-planning-week.html</link><pubDate>12/9/2011 8:31:00 PM</pubDate></item><item><title><![CDATA[ Get a Will, will ya? ]]> </title><description><![CDATA[ How often do you hear this? &#8220;What, you don&#8217;t have a Will? The State will take everything from you!&#8221;Well, not true, not true at all. Unless nobody knows you died and nobody comes forward to claim your money!However, most of us have heirs who stand to receive a share of our assets after we die, even if we don&#8217;t have a Will.What does happen if you die without a Will? This is what is known as intestacy. If you die intestate, then the law of the state you live in when you die governs how your property is distributed. This law is based upon your marital status and whether you have any descendants.The intestacy law of Florida significantly changed in Florida on October 1, 2011. Under the new law:
If you die without a will and you are married and have no children, or your children are of this marriage, then your spouse inherits all your property.
If you are married and have children from another relationship(s), then your spouse receives one-half of your assets. 
If you have children with your current spouse, but your spouse has children from other relationship(s), your spouse receives one-half of your assets. 
If you have no survivng spouse, your children inherit your property. 
If you have no children or grandchildren, then one-half of your assets pass to your mother and one-half to&nbsp; your father, or all to the survivor. 
If neither of your parents are alive, then to your brothers or sisters. 
If you have no living brothers or sisters, then to your nieces or nephews. 
If you&nbsp; have no nieces or nephews,&nbsp; your assets will go to your grandparents; however, if you have no living grandparents, then to your uncles and aunts and then to their children. 
If you have no relatives on either your mother&#8217;s or father&#8217;s side, then all your assets pass to the descendants of your last deceased spouse. Now here is the part where the State gets all your money.&nbsp; If there is no one in the line-up discussed above, then your property passes to the State.&nbsp; In Florida, it is deposited with the Chief Financial Officer in the state school funds.&nbsp; If no one comes forward to claim the funds in 10 years, then the State gets to keep the money.&nbsp;&nbsp; To see if there is any money waiting for you, go to: Florida Treasure Hunt at:&nbsp; http://www.fltreasurehunt.org/index.jspSo, do you need a Will?&nbsp; Maybe not.&nbsp; In fact, you may not need a will as much as your family will need a lawyer to sort things out after your death. At the Law Office of Debra G. Simms, we don&#8217;t just sell documents. We sell relationships and the ability to help families when they are dealing with the loss of a loved one.Contact us to discuss all your estate planning needs.Call our Orlando office at 407-331-4LAW.&nbsp; Or call us in The Villages toll free at 1-877-477-4667.  ]]> </description><link>http://www.simmslawfirm.com/blog/posts/get-a-will-will-ya.html</link><pubDate>11/27/2011 12:21:00 AM</pubDate></item><item><title><![CDATA[ Happy Thansgiving and  Go See Your Lawyer! ]]> </title><description><![CDATA[ It's holiday time again and I just love Thanksgiving!&nbsp; Last night my daughter and I were talking about how disappointed we are if we are invited out for Thanksgiving and the food isn't&nbsp;good.&nbsp; Then we get all bummed out because we have to wait a whole year to eat this kind of food again - in bulk - with little or no guilt!&nbsp; That's something to be thankful for - gluttony with no guilt!&nbsp; So, usually, we just cook it ourselves!
&nbsp;
Holiday time brings another joy besides food.&nbsp; Don't get me wrong, food is high up there.&nbsp; But, for me, it's extra special when I can be with all my daughters in one place!&nbsp; It's one of the few times that all 5 girls can make the time to come from the 4 corners of the earth and share a few days with mom.&nbsp; And this year, we have an extra bonus - their dad is coming, too.&nbsp; We haven't had the whole family together at one time for a holiday in over 10 years!&nbsp; 
&nbsp;
So, all this family time, and seeing the girls all grown up (sort of) has given time to reflect on my own estate plans.&nbsp; Don't tell my secret, but my own estate plan isn't up to date.&nbsp; You know that famous quote about&nbsp;how&nbsp;the shoemaker's children go without shoes?&nbsp; Well, it's the same with lawyers.
&nbsp;
But, this year, I am resolved to talk to my girls about what I want for my later years and also discuss estate planning.&nbsp; I am even trying to give some of my stuff away, but they won't take it!&nbsp; I know this is hard for children to talk about, none of us wants to think about our parents&nbsp;aging.&nbsp; But, since I preach&nbsp;these topics&nbsp;all day to my clients, it's time that I take stock and make sure that me and my children&nbsp;are all on the same page.
&nbsp;
I think the end of the year is a good time to put your affairs in order.&nbsp; It's a good time to look at your old wills, powers of attorney (did you know the law just changed in November on Powers of Attorney?), Medical Directives, and Living Wills.&nbsp; It might be time to think about setting up a Revocable Trust or doing a Lady Bird Deed.&nbsp; And it will cost you nothing if you come to see me.&nbsp; My estate planning consults are free.&nbsp; And, while you're there, ask about Long-Term Health Care Planning. We might need to take a look at some Elder Care issues such as Medicaid Planning.&nbsp; After all, we already paid for Medicaid in every single paycheck, right? 
&nbsp;
Call now and get a free Estate Planning consultation.&nbsp; Don't wait until it's too&nbsp;late!
&nbsp;
Happy Thanksgiving!
&nbsp;
Debra G. Simms, Esq.
&nbsp;
Altamonte Springs: 407-331-4529
The Villages:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 877-447-4667
&nbsp;
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&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/happy-thansgiving-and-go-see-your-lawyer.html</link><pubDate>11/24/2011 1:08:00 PM</pubDate></item><item><title><![CDATA[ Moving Towards Repeal of DOMA (Defense of Marriage Act)?  Update. ]]> </title><description><![CDATA[ The Defense of Marriage Act, ("DOMA") enacted in 1996,&nbsp;mandates that the federal government disregard&nbsp;same sex&nbsp;marriages&nbsp;legally conducted&nbsp;in ANY state.&nbsp; As a result, committed couples&nbsp;who marry in states&nbsp;that recognize gay marriage are denied an array of federal benefits and protections granted to other married couples.
&nbsp;
For example,&nbsp;married same-sex couples&nbsp;cannot file joint income tax returns, transfer an estate to a spouse without tax consequences or receive spousal Social Security benefits.&nbsp; And, we have all heard the horror stories of long-term couples being denied the right to participate in the medical decisions of their partner or in some drastic cases, being denied visitation in hospitals or nursing homes!
&nbsp;
In applauding the Senate Judiciary Committee's recent vote to repeal DOMA, the New York Bar Association has announced that DOMA's repeal continues to be a top priority of the Bar.
The Bar specifically commends Judiciary Committee Chairman Patrick J. Leahy and U.S. Senators Charles E. Schumer and Kristen E. Gillibrand, co-sponsors of the repeal bill, for their strong advocacy on behalf of gay couples.
&nbsp;
Florida lags a bit behind New York in recognizing gay rights, and&nbsp; only recently did a&nbsp;Florida&nbsp;appeals court strike as unconstitutional the ban on adoptions by homosexuals.
&nbsp;
Here, at the Law Offices of Debra G. Simms, we remain committed to gay rights. 
&nbsp;
Please feel free to contact us for a free consultation.
&nbsp;
See the exact wording of the Law: 
http://www.gpo.gov/fdsys/pkg/BILLS-104hr3396enr/pdf/BILLS-104hr3396enr.pdf&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/moving-towards-repeal-of-doma-defense-of-marriage-act-update.html</link><pubDate>11/20/2011 2:41:00 PM</pubDate></item><item><title><![CDATA[ Don't wait until it's too late!  Do a will. ]]> </title><description><![CDATA[ &nbsp;
In my estate planning practice, there is one very popular rant.&nbsp; It goes something like this:
&nbsp;
Caller:&nbsp; "Do you do wills?"
&nbsp;
Me: "Yes, would you like to make an appointment to discuss the will?"
&nbsp;
Caller:&nbsp; "How much?"
&nbsp;
Me: " The initial consultation is free. We will go over your options and I will quote your fee."
&nbsp;
Caller:&nbsp; "How much for a simple will?&nbsp; I just want a simple will."
&nbsp;
Me:&nbsp; "It depends on your situation.&nbsp; Are you married?&nbsp; Do you have children?&nbsp; What kind of assets do you have?&nbsp; This is why I like to have an initial consultation."
&nbsp;
Caller:&nbsp; No, I just want a simple will.&nbsp; What is your price for a simple will?"
&nbsp;
Me:&nbsp; "Well, it's going to depend on a couple of factors.&nbsp; Do you want to set up a free consultation?"
&nbsp;
Caller:&nbsp; 'I just want a simple will.&nbsp; I have been married for 30 years and I have one son.&nbsp; I just want a simple will."
&nbsp;
Me:&nbsp; "Ok, then does your son have any children?"
&nbsp;
Caller:&nbsp; "Yes, and he has a terrible wife.&nbsp; I don't want her to have any rights to my money.&nbsp; And ther kids aren't responsile.&nbsp; They shouldn't get the money until they are 25!"
&nbsp;
So it's not so simple.&nbsp; A friend of mine calls this the LegalZoom mindset.&nbsp; Law as a commodity.
&nbsp;
I don't do volume esate planning work.&nbsp; I am not LegalZoom.&nbsp; I do quality estate planning for a very reasonable fee.&nbsp; It's good for you and it's good for me.
&nbsp;
Call me for a free estate planning consultation.&nbsp; Don't wait until it's too late.
&nbsp;
Debra G. Simms
&nbsp;
Orlando
The Villages
Daytona Beach
&nbsp;
407-331-4529 or toll free: 1-877-447-4667
&nbsp;
&nbsp;
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/don-t-wait-until-it-s-too-late-do-a-will.html</link><pubDate>11/19/2011 8:01:00 PM</pubDate></item><item><title><![CDATA[ Is There Hope for The Respect for Marriage Act? ]]> </title><description><![CDATA[ &nbsp;
The Respect for Marriage Act repeals the Defense of Marriage Act and allows the federal government in the United States to provide benefits to couples in same sex marriages, although it does not compel individual states to recognize same sex marriages.&nbsp;It is supported by the Religious Action Center, Catholics for Equality, Change.org, and Human Rights Campaign among others.&nbsp;
&nbsp;
In recent Florida news, the Miami GOP Congresswoman Ileana Ros-Lehtinen joined the ranks of supporters for the Respect for Marriage Act.&nbsp;As the first and only GOP congressperson to co-sponsor the act, she has received both support and backlash from a number of organizations.&nbsp;The Christian Family Coalition is one of those speaking out against her decision, claiming that her support of the act could be viewed as deception to her constituents, donors, and volunteers.&nbsp;She was also attacked in a letter from the National Organization for Marriage, saying they were disappointed and deeply concerned by her abandonment of &#8220;traditional Republican principles of marriage, family, and democratic self government.&#8221;
&nbsp;
On the flip side, there are far more organizations who are applauding her decision.&nbsp;She has been supported in her decision by both the Log Cabin Republicans, and the Freedom to Marry Group&nbsp;Equality Florida, a group that works to secure equality for Florida&#8217;s lesbian, gay, bisexual, and transgender community, saying that Ros-Lehtinen is a long time supporter.&nbsp;She was also a 2010 Voice for Equality Award honoree for her work to end Don&#8217;t Ask, Don&#8217;t Tell and was a founder of the Congressional LGBT Equity Caucus.
&nbsp;
What effect could the Respect for Marriage Act have on today's same sex couples?&nbsp;&nbsp;Let's take a look at the Census update on&nbsp; Same-Sex Couples:
&nbsp;
Recently, the United States Census Bureau put an official number on the amount of same-sex couples who are married in the United States &#8211; 131,729.&nbsp;This is the first time an official number has been calculated of those who are married and not just in domestic partnerships, which makes it seem like there is a decrease over past inclusive numbers.&nbsp;In Florida, the number of married same-sex couples reached almost 6,800, with 3,585 married male couples and 3,199 married female couples.&nbsp;The US Census Bureau also estimated that there are around 48,500 same sex couples total &#8211; both married and unmarried &#8211; in the state of Florida, and approximately 515,000 in the United States total.
&nbsp;
The numbers were calculated based on two questions from the Census form: one asking the relationship to householder and another asking the sex of each person.&nbsp;It is possible that some opposite-sex married or unmarried couples filled out their forms wrong which could account for some inflation of the numbers, but they should hold fairly accurate as they have been reviewed and approved by three outside experts at UCLA and the University of North Carolina at Chapel Hill.
&nbsp;
These figures were among the most highly anticipated statistics collected with the 2010 census.&nbsp;While this is the third census that has recognized same-sex couples, it is the first census since gay marriage became legal.&nbsp;Although not yet legal in Florida, it is legal in six states, and it is important that this portion of the population be accounted for. &nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/is-there-hope-for-the-respect-for-marriage-act.html</link><pubDate>11/6/2011 3:05:00 PM</pubDate></item><item><title><![CDATA[ Senior Retirement Divorce Rates Remain High ]]> </title><description><![CDATA[ &nbsp; Over recent years, the rate of divorce after retirement has become more and more prominent.&nbsp;Statistics from the Office of National Statistics show that the overall rate of divorce in the United States is dropping &#8211; in every age group except those over 60.&nbsp;This may come as a surprise to some, but for those of us who work in a profession that deals with divorce &#8211; attorneys- it is not that shocking.&nbsp;Many of those getting divorced at this late stage have children who have grown up and left the home.&nbsp;They have been married for somewhere around 30 to 40 years.
&nbsp;&nbsp;&nbsp;Influences on late-stage divorce are various.&nbsp;One is the longer life expectancy seniors in the United States are experiencing.&nbsp;In 1955, life expectancy was around 70 years, but today both men and women are living nearly two decades longer.&nbsp;Because of this, many are choosing to divorce for their golden years.&nbsp;This is closely tied into a second influence, feelings of personal fulfillment and happiness.&nbsp;Seniors may feel that they are in an unhappy marriage, and as retirement offers&nbsp;more years to enjoy themselves, they are more likely to divorce instead of staying in the relationship. 
&nbsp;
&nbsp;&nbsp;&nbsp;Another influence&nbsp;may be&nbsp;the&nbsp; changing role of senior women.&nbsp;Senior women feel more independent after their children have &#8220;left the nest&#8221; and are looking to forge their own identity and enjoy life.&nbsp;They may have achieved financial independence.&nbsp; Some women&nbsp;also report that they need to escape the&nbsp;&#8220;retired husband syndrome&#8221;.&nbsp; Women&nbsp;complain that they&nbsp;feel as if they are trapped with husbands who are now at home all&nbsp;the&nbsp;time just when they have just finished raising their children. &nbsp;Whatever the reason, it is clear that divorce for those who have retired will remain steady for some time to come. 
&nbsp;
&nbsp;&nbsp;&nbsp;At the Law Office of Debra G. Simms, we assist seniors who are going through divorce.&nbsp; We offer collaborative divorce for those couples who are able to agree on most issues.&nbsp; For those couples facing conflict, we&nbsp;aggressively represent both men and fight hard to obtain the best possible legal outcome.
&nbsp;
&nbsp;&nbsp;&nbsp;If you have any questions about divorcing in your senior years, contact us now.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/senior-retirement-divorce-rates-remain-high.html</link><pubDate>10/30/2011 4:09:00 PM</pubDate></item><item><title><![CDATA[ The Real Debt Consolidation: Cramdowns and Strip Offs! ]]> </title><description><![CDATA[ Lately, I have been talking to a lot of folks who are considering hiring debt consolidation companies.&nbsp;Those of you who have already consulted with me or have read my blog on this subject (November 2, 2010) already know what I am going to say &#8230;Don&#8217;t do it!
&nbsp;
For those of you who want to consolidate your debt, &nbsp;the better option can be Chapter 13 bankruptcy.&nbsp;Not&nbsp;only does the law provide that your debts be consolidated and reorganized in a Chapter 13 plan, but Chapter 13 allows you to reduce the amount you owe on certain secured debts to the value of the collateral.
&nbsp;
For instance, if you owe $20,000 on a car that is only worth $10,000, you can reduce the debt to only $10,000 and pay off that amount in equal installments over the life of your 13 repayment plan.&nbsp;This strategy is called a &#8220;cramdown.&#8221; Doing this allows you to keep your car and be able to afford the payments in your plan.
&nbsp;
You can&#8217;t cramdown mortgage liens on your home, but what you can do is &#8220;strip off&#8221; a second or even third 
mortgage and treat it as an unsecured debt in your Chapter 13 plan.&nbsp;This might be an option if the current market 
value of your home is less than what you owe on your first mortgage (&#8220;underwater&#8221;) leaving no equity to secure the 
second or third mortgage.
&nbsp;
This procedure allows you to greatly reduce the amount you have to pay each month to stay current on your 
home.&nbsp;For example, assume you pay $1,500 on your first mortgage, $750 on your second, and $400 on your third 
(this might be a home equity loan).&nbsp;If your home is worth $200,000 and you&nbsp;owe at least that much on your first 
mortgage, you can strip off the second and third mortgages.&nbsp;This would reduce your monthly mortgage payment from 
$2650 to $1,500.
&nbsp;
Sounds good, doesn't it?&nbsp; Better than paying a debt consoldation company AND still end up losing your home?
&nbsp;
At the Law Office of Debra G. Simms, we offer free bankruptcy consultations.&nbsp; What have you got to lose?
&nbsp;
Toll free: 1-877-447-4667
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-real-debt-consolidation-cramdowns-and-strip-offs.html</link><pubDate>10/6/2011 11:08:00 AM</pubDate></item><item><title><![CDATA[ Who's filing Bankruptcy now? ]]> </title><description><![CDATA[ As a bankruptcy attorney,&nbsp;I consider myself to be on the&nbsp;"front line" when it comes to observing how a lot of folks are&nbsp;doing in this economy.&nbsp; For most of my bankruptcy clients, it's gone from bad to&nbsp;worse. Many of my clients work, some only part-time, but there is no way they can make ends meet.&nbsp;Others have been out of work and have used up all their unemployment benefits and their credit.&nbsp;Still others have been in accidents or are sick, and have yet to qualify for disability.&nbsp;The stigma of bankruptcy is slowly deteriorating as people line up to plead their case in the courts to receive a bankruptcy discharge.&nbsp;The US Bankruptcy Court is&nbsp;the court of last resort for a lot of these&nbsp;people and quite a few of them walk into court in tears.
Chapter 7 bankruptcy is what people typically think of when they&nbsp;hear the word&nbsp;&#8220;bankruptcy&#8221;.&nbsp; If your income is&nbsp;low and you have few assets, then this might be right for you.&nbsp; You can keep your house. And&nbsp;you can keep your car depending on how much it is worth and whether you can afford the payments.&nbsp;Your retirement plans are also safe.&nbsp;The rest of your debts are wiped out and you get to start anew.&nbsp; 
&nbsp;
With Chapter 13 bankruptcy, your debt is consolidated and reorganized.&nbsp;You pay it off in a monthly schedule.&nbsp;It lasts for three to five years and allows you to catch up on your mortgage, which is especially useful if your main concern is going into foreclosure&nbsp;on&nbsp;your home.&nbsp;Once you have finished catching up on past payments, you will return to making mortgage payments as normal.&nbsp; Most other debts are discharged at the end of your plan. 
&nbsp;
Don't put off dealing with your debt.&nbsp; Financial stress can cause health problems and&nbsp;relationship problems.&nbsp; It's not going to go away by itself.
&nbsp;
At the Law Office of Debra G. Simms, you are treated with the respect that you deserve.
&nbsp;
Call now for a free consultation.
&nbsp;
Toll free:&nbsp; 1-877-447-4667 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/who-s-filing-bankruptcy-now.html</link><pubDate>9/5/2011 5:18:00 PM</pubDate></item><item><title><![CDATA[ Does a Revocable Trust Avoid Probate? ]]> </title><description><![CDATA[ &nbsp;
Many of my clients come in and tell me that&nbsp;they want a&nbsp;living trust.&nbsp; Sometimes they&nbsp;say&nbsp;'revocable trust'.&nbsp;
I ask them,&nbsp;"Why?"&nbsp;
&nbsp;
Their usual answer?&nbsp;&nbsp;"To avoid probate."
&nbsp;
"Why do you&nbsp;want to avoid probate", I ask?
&nbsp;
"Oh, my mother died without a trust and after she died, it was a mess.&nbsp; It cost a fortune and took forever."
&nbsp;
Is it true?&nbsp; Will a trust avoid probate?
&nbsp;
The answer is:&nbsp; "It depends."
&nbsp;
If you have a lawyer prepare a document called a living or revocable trust AND you transfer your property to the trust, then you MIGHT be able to avoid probate.&nbsp;That usually means transferring real estate from your name to the trust by way of a deed AND transfering personal property such as bank accounts to the trust.
&nbsp;
You probably also want to have a "pour-over" will so that your trust can be funded with your property after you die.&nbsp; After all, you could pass on to the next world having a winning&nbsp;lottery ticket in your pocket!
&nbsp;
The point is:&nbsp;If you want to avoid probate so that your heirs can access your funds without obtaining a court order, then you must have a trust document&nbsp;&nbsp;AND you&nbsp;must transfer your property to that trust.
&nbsp;
Sound complicated?&nbsp; A little.&nbsp; Your attorney, banker, or money manager should be able to help you without much added cost.
&nbsp;
Point is, don't just set up a trust.&nbsp; At the Law Office of Debra G. Simms, we make sure our clients are advised to properly fund the trust so that it works the way it is intended.&nbsp;
&nbsp;
Call now for a free consultation.&nbsp; 
&nbsp;
Toll free:&nbsp; 1-877-447-4667
&nbsp;
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/does-a-revocable-trust-avoid-probate.html</link><pubDate>9/5/2011 5:17:00 PM</pubDate></item><item><title><![CDATA[ Florida's New Power of Attorney ]]> </title><description><![CDATA[ Effective Oct. 1, 2011 Florida's new durable power of attorney statute becomes law.&nbsp; This is the first major change to the statute since Oct. 1, 1995. 
&nbsp;
Durable&nbsp;powers of attorney now require two witnesses and a notarization, but under the new law, out-of-state durable powers of attorney will be honored if they were valid in the home state at the time of execution.
This is good news for&nbsp;Florida snowbirds, who finally got it right and adopted our state as their own, right?&nbsp; Not so fast!&nbsp; Florida has some very picky durable power of attorney interpretation statutes that still can still trip up an out-of-state durable power of attorney.
The new durable power of attorney statute still requires specific authority to grant certain powers to your agent or your agent will not have that power.&nbsp; Broad grants of authority, like "to do everything the grantor could do," are invalid.&nbsp; 
&nbsp;
However, the new statute now&nbsp;requires that the person making the power of attorney initial or sign next to certain types of powers in the document for those powers to be authorized. These powers involve changing beneficiaries, creating trusts, making&nbsp;certain gifts,&nbsp;or other estate planning transactions.
&nbsp;
The new statute&nbsp;also&nbsp;includes some very special language for banking and investment transactions. Financial institutions now have only four days to review a durable power of attorney presented to them.&nbsp;&nbsp;But, since this period can be extended under&nbsp;some circumstances, it is probably a good practice to give&nbsp;your financial institution a copy of your durable power of attorney. That way, the bank can review it, and you can be assured it will be honored when it is needed.
&nbsp;
People often ask me how often they should have their legal documents reviewed.&nbsp; When it comes to&nbsp;Powers of Attorney, the time is NOW.
&nbsp;
Call our offices for a free consultation so we can review your existing documents.
&nbsp;
Debra G. Simms
&nbsp;
Altamonte Springs, FL
The Villages, FL
&nbsp;
Toll free- 1-877-447-4667





&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/florida-s-new-power-of-attorney.html</link><pubDate>9/5/2011 8:09:00 AM</pubDate></item><item><title><![CDATA[ Gay Marriage, what's protected, what's not? ]]> </title><description><![CDATA[ Last month,&nbsp;New York took the plunge and legalized same sex marriages.&nbsp;At the stroke of midnight on Sunday, July 24, same sex couples were allowed to make their relationships &#8220;official&#8221; as weddings were held in city offices and at Niagara Falls.&nbsp;While government offices are not usually open on Sundays, this day was an exception, and by the end of it hundreds of couples had said their vows.
The legalization of gay marriage in New York, while only technically affecting those in the state, really has nationwide impact for those in same sex couplings.&nbsp;The legalization of same sex marriage in New York doubled the number of Americans who live in a state where gay and lesbian couples can wed.&nbsp;Gay-rights advocates are setting their sights on Maryland to be the next state to legalize same sex marriage, but they have a long way to go there and around the rest of the country.
Currently, in the majority of states, same-sex partnerships are generally overlooked by the law.&nbsp;Only six states, now including New York, have legalized gay marriage, and only a handful more include any form of freedom of religion and fair marriage acts, which allow those involved in a same-sex civil union to receive rights similar to those of married couples.&nbsp;Those in other states have to be aware of their rights&nbsp;when it comes to day to day&nbsp;worries&nbsp;&#8211; anything from child custody, support and visitation, second-parent adoptions, school related issues, estate planning, wills, powers of attorney, and partnership agreements.&nbsp;In all cases, it is in the couple&#8217;s best interest to speak to a lawyer in order to figure out where they stand on these issues.
One area where we might see rapid growth is&nbsp;in consumer issues.&nbsp; (Read my lips-it's the economy, stupid!) &nbsp;Insurance company Esurance is an early adopter to the civil union changes when considering car insurance.&nbsp;Already, its company offers savings to couples in California, Oregon, and Washington, and with the Illinois Religious Freedom Protection and Civil Union Act that went into effect in June 2011, it offered couples in that state the opportunity to sign up for the &#8220;married&#8221; car insurance rate instead of just the &#8220;single&#8221; one if they are in a civil union, giving them an average of 10% savings on their annual insurance bills.
If Esurance can do it, why not other companies?&nbsp;It will be interesting to see in the future what problems are alleviated for same sex couples when considering the issues they have faced with not only insurance but also with other legal battles.
&nbsp;
The Law&nbsp;Office of Debra G. Simms offers consultations to same-sex couples for a variety of issues, including&nbsp;property agreements, custody, wills, powers of attorney and medical directives.&nbsp; We now also offer Small Business Planning for Domestic Partners.
Call for a consultation to&nbsp;know your rights.
&nbsp;
Debra G. Simms
&nbsp;
Altamonte Springs, FL
The Villages, FL
&nbsp;
Toll free:-1-877-4667&nbsp;
 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/gay-marriage-what-s-protected-what-s-not.html</link><pubDate>9/5/2011 7:42:00 AM</pubDate></item><item><title><![CDATA[ Same Sex Couples - Happily Ever After in The Big Apple ]]> </title><description><![CDATA[ &nbsp; Small Victories in the Road to Same Sex Couples Rights
Being in a same sex relationship in Florida isn&#8217;t easy.&nbsp;Besides everyday relationship struggles, those in same sex relationships have to work around the rights that heterosexual couples have that they do not.&nbsp;Same sex partners will often experience difficulties in estate planning, child custody, medical consent, etc. when they are considering how to best provide for their partner and family.
Recent gains have been made in the fight for equal rights for&nbsp;same sex partners in other states, which gives hope to those in Florida.&nbsp;While the most recent news is focused on New York legalizing gay marriage, there are other small gains to consider as well.&nbsp;For example, the state of Illinois recently passed the Religious Freedom Protection and Civil Union Act, which further defined the term &#8220;partners in a civil union&#8221; to include same sex couples.&nbsp;This act, which came into effect in June 2011, offers partners joined in a civil union the same protections, benefits, and responsibilities under law as granted to spouses in a marriage and also includes same sex partners in the terms &#8220;spouse&#8221;, &#8220;family&#8221;, &#8220;next of kin&#8221;, etc.
Some companies are already stepping up and adapting to the new laws.&nbsp;For example, internet insurance company Esurance, which already offered savings to same sex couples in California, Oregon, and Washington, now also offers savings to those in Illinois.
While Florida&#8217;s laws may be behind other states when it comes to same sex relationships, there&nbsp;have been some&nbsp;advancements. &nbsp;Many cities in Florida now have laws protecting from discrimination based on gender identity or expression as well as discrimination in public employment, and Florida legislation has added sexual orientation and gender identity or expression as protected categories to the Florida Civil Rights Act as of 2009.&nbsp; Recently, Florida courts&nbsp;affirmed that gay couples have the right to adopt.
The Law&nbsp;Office of Debra G. Simms offers consultations to same-sex couples for a variety of issues, including&nbsp;property agreements, custody, wills, powers of attorney and medical directives.
Call for a consultation to&nbsp;know your rights.
&nbsp;
The Law Office of Debra G. Simms
Altamonte Springs, FL
The Villages, FL
&nbsp;
Toll free:-1-877-4667&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/same-sex-couples-happily-ever-after-in-the-big-apple.html</link><pubDate>8/2/2011 8:23:00 AM</pubDate></item><item><title><![CDATA[ Your Trust-Worthy Pet ]]> </title><description><![CDATA[ Who will care for&nbsp;Simba, Fluffy, or Lucy, our beloved pets, after we die?
&nbsp;
There has been a recent surge of interest in Pet Trusts as high-profile individuals have died with significant provisions in their Wills or Trusts for their animals.&nbsp; Last week it was reported that&nbsp;ALEXANDER MCQUEEN, Brittish fashion design legend, left $82,000 to his 3 dogs, Minter, Juice, and Callum.&nbsp; According to the Daily Telegraph of London, the dogs received the same amount as each of McQueen's long time housekeepers.&nbsp; He also left a fortune to Battersea Dogs and Cats Home and animal welfare charity, Blue Cross.
&nbsp;
Providing for pets&nbsp;has a long history in the courts.&nbsp; In 1889, an English court upheld a testamentary gift for the maintenance of horses and dogs.&nbsp;And, McQueen&nbsp;isn&#8217;t the first&nbsp;celebrity who has seen fit to provide for a pet beyond the grave. In 2007, Leona Helmsley&#8217;s dog, Trouble, made headlines when it was discovered that Helmsley left Trouble&nbsp;$12 million. A judge later reduced this amount to $2 million &#8211; still sizeably more than McQueen&#8217;s relatively deprived threesome! 




Pets are very real members of the family that need to be addressed in the estate planning mix.&nbsp;&nbsp;The Humane Society of the U.S., estimates that about 400,000 pets a year need to find new homes because their owners die.
Creating a pet trust&nbsp;is one way to ensure your furry or feathered companions are well taken care of, even after you&#8217;re gone.&nbsp;Don't simply leave behind written instructions on how you&#8217;d like your pet to be treated, as these are not enforceable.
To learn more about&nbsp;how to provide for you pets,&nbsp;read more about&nbsp;Pet Trusts, by Debra G. Simms.&nbsp; Also, check it out at 
&nbsp;
http://www.myfoxorlando.com/dpp/news/080311-pet-heirs&nbsp;
&nbsp;
Please call our office for a free Pet Trust consult. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/your-trust-worthy-pet.html</link><pubDate>7/31/2011 6:31:00 PM</pubDate></item><item><title><![CDATA[ Do You Have a Will? ]]> </title><description><![CDATA[ Planning for the end of life&#8230;..hard to do&#8230;. 
Last week my dear Uncle Bernie died.&nbsp;He was 80 years old.&nbsp;He didn&#8217;t plan to die, but I know that he didn&#8217;t plan to live forever, either.&nbsp;One thing I know for sure, he PLANNED.
A death in the family is one of the hardest times in a person&#8217;s life. We all know that grief causes both emotional and physical pain and can keep us from sleeping, eating, working, and certainly keeps us from thinking clearly for a long time. &nbsp;But during the chaotic and stressful days after the loss of a loved one, a lot of important decisions must be made. 
&nbsp;&nbsp;A well thought out and properly drafted Last Will and Testament can alleviate a good deal of stress for the ones you care about the most. &nbsp;And for those of us who aren&#8217;t really sure&nbsp;whether our kids or grandkids are ready to handle money, then setting up Trusts can delay when your bounty reaches their hands. 
My Uncle Bernie had a lot of plans.&nbsp;He didn&#8217;t get to all of them when illness struck, but when he passed, his sons were able to carry out his wishes and instructions because he did plan for death.&nbsp;By making a Will, you know that you put your affairs in order, and your family will know that you cared enough to do so.
Call the Law Office of Debra G. Simms.&nbsp;&nbsp; We offer free consultations to help you decide what&nbsp;estate plan is best for you. 
&nbsp;
Orlando
The Villages
Toll free: 1-877-447-4667&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/do-you-have-a-will.html</link><pubDate>6/5/2011 4:05:00 PM</pubDate></item><item><title><![CDATA[ Bankrutpcy in Florida ]]> </title><description><![CDATA[ &nbsp; 
Declaring bankruptcy can help you save your home and assets, eliminate credit card debt, stop creditor calls and harassment, and even permanently erase old IRS debts.&nbsp;And, fortunately for us, the laws covering Florida bankruptcy are more lenient than many in other states.&nbsp;Sites giving &#8220;general information&#8221; on national government bankruptcy laws often do not tell the full story, making it important to contact a bankruptcy attorney in Florida for your needs.
&nbsp;
There are many questions people ask when it comes to bankruptcy.&nbsp;Often, they want to know how long bankruptcy will be reported on their credit reports.&nbsp;Generally, the period in Florida is up to 10 years (7 years with Chapter 13 bankruptcy).&nbsp;This is important because creditors will report your bad credit for up to 10 years.&nbsp;With the bankruptcy listed, you are ensuring that anyone who looks up your credit score will see that you have declared bankruptcy in the past and are trying to get out of debt.
&nbsp;
People also worry whether or not they will qualify for bankruptcy.&nbsp;In Florida, you do not have to qualify for anything, although with Chapter 13 cases the court may sometimes feel that your plan is not feasible, denying it if you do not have enough money or income to make it work.
&nbsp;
You also may wonder about the different types of bankruptcy.&nbsp;Chapter 13 has been mentioned, but there is also Chapter 7 bankruptcy.&nbsp;When most people think of bankruptcy, they think of Chapter 7.&nbsp;This is a "straight" bankruptcy where the court forgives the individual all of their dischargeable debts. You might also be allowed to keep a credit card or two, which is important as without one it is almost impossible to rent a car, book airline tickets, or be prepared for some types of emergencies.
&nbsp;
Chapter 13 bankruptcy, &nbsp;on the other hand, is often used to save your home from foreclosure.&nbsp;It lasts from three to five years, and each month you make a regular payment as well as an additional amount to help catch up on your mortgage.&nbsp;This allows you to file a "plan" with the court that shows how much money you will be paying and how long it will take you to catch up.&nbsp;If the plan is approved, the bank or mortgage company is then forbidden from taking your home.&nbsp;Then, once you are caught up, you will be able to return to paying your mortgage as you did before.
&nbsp;
In order to determine which type of bankruptcy is the most appropriate for your case, contact the Law Office of Debra G. Simms as we will be able to assess your situation and help you get out of debt as quickly and efficiently as possible. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/bankrutpcy-in-florida.html</link><pubDate>4/8/2011 9:29:00 AM</pubDate></item><item><title><![CDATA[ What happens to your e-mails after you die? ]]> </title><description><![CDATA[ 


I heard a really interesting program on National Public Radio tonight. It featured Evan Carroll and John Romano who have written a book called Your Digital Afterlife.&nbsp;&nbsp;I had been wondering what happens to all my e-mails after I'm gone.&nbsp; Sometimes, I dwell on the macabre.
&nbsp;
Answering the question posed above, the authors say, "This is a simple question and we wish there was a simple answer. Unfortunately there isn&#8217;t a standard way that Internet users can expect service providers to handle their accounts after death. Every provider&nbsp;is different."&nbsp; 
&nbsp;
I will be researching&nbsp;estate planning for our "digital afterlife", but in the meantime, here is a rundown&nbsp;on the most popular sites:
&nbsp;
Facebook's privacy policy states that your heirs can request that your account be deleted or &#8220;memorialized.&#8221; Memorialized profiles restrict profile access to confirmed friends and allow friends&nbsp;to write on the user&#8217;s Wall in remembrance.&nbsp; Anyone can request that it be memorialized by simply notifying Facebook and showing a death certificate or a news article that indicates your death.
&nbsp;
Gmail's&nbsp;help documents&nbsp;outlines the steps to gain access, which include a death certificate, an email you have received from the account in question, and proof that you have legal authority over the estate.
Twitter's help documents tells us: "If we are notified that a Twitter user has passed away, we can remove their account or assist family members in saving a backup of their public Tweets".&nbsp; Your heirs need to provide their contact information, their relationship to the deceased user, the username of the account or a link to the profile page, and a link to&nbsp;the obituary. Twitter&nbsp;also offer survivors an archive of the user&#8217;s public Tweets. 
&nbsp;
YouTube's policy is pretty simple - fax or mail the representative's contact information, a copy of the death certificate, a copy of the document that gives the representative authority, and access to the account will be given.Yahoo is a different story. Yahoo (which owns services like Flickr and Delicious) has a terms agreement that says there is "No Right of Survivorship" and that accounts are "Non-Transferable." Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.&nbsp; You might want to instruct your executor or personal representative to archive your Yahoo account before the death certificate is presented.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/what-happens-to-your-e-mails-after-you-die.html</link><pubDate>1/10/2011 8:35:00 PM</pubDate></item><item><title><![CDATA[ Should You File For Bankruptcy Now? ]]> </title><description><![CDATA[ The holidays are over and it's time to get back to reality!&nbsp; Many of us have made New Year's resolutions to manage our money better and some of us even mean it!In my law practice, I have been seeing a lot of folks who have been living off of credit cards.&nbsp; They just can't do it anymore.&nbsp; Sometimes they can't manage the minimum payments, or the credit limit has been used up, or in many cases, they just can't handle the stress anymore.&nbsp; These people need relief!
&nbsp;
Here is my New Year's list of reasons to consider filing for bankruptcy.&nbsp; If you are in any of these situations, please contact my office for a FREE CONSULTATION.&nbsp; It doesn't cost anything to ask.
&nbsp;
You are being&nbsp;sued by&nbsp; a creditor.Your home is in foreclosure.You have lost your job and haven't found new or&nbsp;similar employment.You&nbsp;have had a decrease in income, but not a decrease in expenses.&nbsp;You have&nbsp;overwhelming medical or credit card debt.You&nbsp;are struggling to pay for your home or vehicle.Your credit card minimum payments have increased because the company just raised the interest rate even though you have been faithfully and painfully make the minimum payments.You don't have any more credit.
&nbsp;
When you visit our offices for a FREE CONSULTATION,&nbsp;I will explain the bankruptcy process to you.&nbsp; I will determine if you qualify for a&nbsp;Chapter 7 which is simple, inexpensive, and results in the discharge of almost all unsecured debt.&nbsp; When debt is discharged, you no longer have to pay it.&nbsp; A typical Chapter 7 case takes about 4-6 months to go through the court system.
&nbsp;
I will also explain a Chapter 13 to you. Chapter 13's are designed for people who&nbsp;make too much money for a Chapter 7&nbsp;or for people who are trying to get caught up with payments on collateral such as a home or a car. In a Chapter 13 bankruptcy, people make payments over a 3-5 year period to a bankruptcy trustee who pays the money to creditors. All unsecured debts are then discharged. 
&nbsp;
A lot of people are worried about whether they can keep their home, furniture&nbsp;or cars if they file for bankruptcy.&nbsp; Generally, in Florida&nbsp;the law allows for&nbsp;complete protection of your home and&nbsp;provides exemptions to&nbsp;cars and other property, depending on the value. 
&nbsp;
Financial problems are stressful.&nbsp; Don't wait for it to get worse. Contact Florida Bankruptcy Attorney Debra G. Simms today for help with your case
To speak with&nbsp;me about your case,&nbsp;call for a free consultation at our Altmonte Springs&nbsp;office at&nbsp;407-331-4529, or at our Villages office at Toll free 1-877-447-4667. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/should-you-file-for-bankruptcy-now.html</link><pubDate>1/5/2011 8:44:00 AM</pubDate></item><item><title><![CDATA[ Gay Adoption is Legal in Florida! ]]> </title><description><![CDATA[ November is National Adoption Awareness Month. Well, Floridians, be aware that gay couples are&nbsp;now permitted to&nbsp;become adoptive parents. Until now, Florida was the only state in the country to have a blanket ban on same-sex adoptions.
Here&#8217;s what the draconian 33 year old&nbsp;Florida statute says:&nbsp; &#8220;No person eligible to adopt under this statute may adopt if that person is a homosexual.&#8221;&nbsp; 
&nbsp;
But, last year, a Florida Court of Appeals decided the state's blanket ban on gay adoption was unconstitutional because same sex parents were the only ones who could not have their petition for adoption reviewed on a case by case basis. The court ruling came in a lawsuit filed by the American Civil Liberties Union on behalf of Martin Gill, a Miami man who wanted to adopt two foster children he and his partner had been raising for almost six years. 
&nbsp;
The&nbsp;court&nbsp;said that the&nbsp;state, represented by the Florida Department for Children and Families, did not have a rational basis for the ban because all other groups of people, including those with criminal records, could petition for adoption and be considered on a case by case basis. Only gay couples faced a blanket ban. 
&nbsp;Last month, Attorney General Bill McCollum said he would not appeal that ruling to the Supreme Court.&nbsp;As a result of the ruling, the check box for sexuality as an identifying characteristic on adoption papers throughout the entire state will be finally be removed.
This decision may be appealed by someone in the future, but for now the state of Florida will be able to find homes for the thousands of parentless children with eager same sex parents-to-be. Oddly enough, the ruling will also help Florida meet a legal requirement of the state to provide a safe home for every child.
If you are a same-sex couple living in Florida and have been considering adoption, now is the time to act.&nbsp;The Law Office of Debra G. Simms has over 22 years of experience advocating for the rights of gays and domestic partners.&nbsp;Call our Toll Free number today: 1-877-447-4667. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/gay-adoption-is-legal-in-florida.html</link><pubDate>11/8/2010 9:47:00 AM</pubDate></item><item><title><![CDATA[ Does Debt Consolidation Work? ]]> </title><description><![CDATA[ Frequently, my bankruptcy clients come to me after reaching out to debt consolidation companies.&nbsp; They wanted to solve their debt problems by avoiding bankruptcy.
I'm all for avoiding bankruptcy if possible, but are these companies legitimate? Here is a typical scenario:
&nbsp;
Clients have about&nbsp; $50,000 in debt.&nbsp; The net income is around $4,000 a month.&nbsp; The debt consolidation agency tells the clients if they pay $1,200 per month they could pay off the debt over a 52 month period.&nbsp; The service fees range from $50 - $150 per month or more.
&nbsp;
Here's my reaction:&nbsp; these companies are not doing anything the clients couldn't just do themselves. They are paying $15 - $150 a month for somebody to make phone calls and send out checks.
&nbsp;
But, I got to wondering - do they EVER work?&nbsp; So, I asked my friend, Sam, a debt collector. &nbsp; Here's what he said:"As a debt collector, I've had occasion to deal with a number of debt settlement companies, and can say I NEVER think it's a good idea for a consumer to employ the services of such a company.&nbsp; First, these companies simply do not do anything for a consumer that he or she could not do for his or herself.&nbsp; (I thought so!)&nbsp; Second, it's ridiculous for a consumer to pay thousands of dollars to such a company when those dollars could actually go to paying down debt. Third, and this is the big one, when a consumer hires a debt settlement company, collectors look at that action as an invitation to sue. &nbsp;Why? &nbsp;Debt collection success is predicated on communication with a debtor. &nbsp;If a collector cannot speak with a debtor, make payment arrangements, etc., there is nothing left to do but file suit."
&nbsp;
Then I asked Donna, a consumer advocate lawyer friend of mine what she thought about these companies.&nbsp; She said: 
&nbsp;
"HIGH potential for scam activity with these things. &nbsp;I've heard of them taking the payments and never giving them to the creditors - putting the debtor in an even worse situation."&nbsp;
&nbsp;
Then I asked her, "Can't these folks just do the same thing for themselves?"
&nbsp;
Typical lawyer,&nbsp;Donna answered,&nbsp; "Well, yes and no. Sure the debtor can talk to his own creditors and negotiate with them. But it's about as effective as a non-lawyer representing himself in litigation. A lawyer or advisor who knows what he is doing will likely produce a much better result. Of course, it'll cost something to achieve."
&nbsp;
Lastly, I&nbsp; asked my bankruptcy guru lawyer friend, Steve, and he added this to the debate: "The Fair Trade Commission&nbsp;added debt settlement to its telemarketing sales rule, but this only regulates a debt settlement company who talks to clients on the phone, including if a client calls them.&nbsp; It&nbsp;prohibits upfront costs, but there is no cap on the amount of fees they can charge.&nbsp; And, there is&nbsp;no regulation of internet companies."
&nbsp;
So there you have it! &nbsp; When the evil debt collector, the consumer advocate, and the bankruptcy guru all agree on something, you have to take notice! 
&nbsp;
Before you hire a for-profit debt settlement company, call the Law Office of Debra G. Simms.&nbsp; Toll free: 1-877-447-4667 for your free consultation.







 

 






&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/does-debt-consolidation-work.html</link><pubDate>11/2/2010 4:51:00 PM</pubDate></item><item><title><![CDATA[ When Should You Do Your Estate Plan? ]]> </title><description><![CDATA[ At what stage should you start the planning process to specify what to do with your assets when you die?
&nbsp;
After 23 years of practicing law, I can tell you- it's never too early, but when it's too late, it's too late.
&nbsp;
Parents with young children: Who will take care of your minor children if both parents die?&nbsp; At a minimum, you should have a will to name a guardian to take custody and care of your children.&nbsp; If you do not designate a guardian, the court will do it for you.&nbsp; You might also want to specify at what age your children should have control over their inheritance.&nbsp; You can do this in your will; it's called a testamentary trust.&nbsp; 
&nbsp;
Single adults:&nbsp;&nbsp;Do you have nieces and nephews that you would like to care for?&nbsp; Do you have pets?&nbsp; What about a bequest to a charitable foundation?&nbsp; Remember, if you have no spouse and no children, your "heirs" as defined by statute will inherit your assets.&nbsp; These folks might not be the ones you would have designated.
&nbsp;
Same-sex or life partners:&nbsp; If you are in a relationship, but not legally married, the State of Florida will determine where your assets go at death if you do not have a will or trust.&nbsp; Unmarried partners can not inherit any "spousal share" under the statutes.&nbsp; Equally important: unmarried partners should have durable powers of attorney and advance health care directives to ensure their partners are not shut out of the decision-making process in the event of illness or incapacity.
&nbsp;
Elderly or Ill:&nbsp; You should take immediate steps to write a will or trust.&nbsp; If you already have an estate plan, this is the time to update.&nbsp; You should also prepare or update your power of attorney , advance health care directive, and living will.&nbsp; Once you lose capacity to do so, it will be too late.
&nbsp;
Call the Law Office of Debra G. Simms.&nbsp;&nbsp; We offer free consultations to help you decide what&nbsp;estate plan is best for you.
Toll free: 1-877-447-4667&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/when-should-you-do-your-estate-plan.html</link><pubDate>10/27/2010 8:07:00 AM</pubDate></item><item><title><![CDATA[ Medicaid Planning ]]> </title><description><![CDATA[ Let's face it.&nbsp; Long term nursing care, either in a facility or at home is expensive.&nbsp; Depending on location and level of care, nursing homes cost between $35,000 and $150,000 a year.&nbsp; Home health&nbsp;aid costs about $200 per day. Most people end up paying for nursing home care until their savings run out.&nbsp; Then what?&nbsp; Is there a way to protect your assets for your spouse, your children, or your favorite charity and still obtain the level of care that you need?
&nbsp;&nbsp; 
Medicare Part A covers up to 100 days of skilled nursing care. However, because the definition of skilled nursing is quite stringent, few people end up receiving the full 100 days of coverage.&nbsp; What happens when your Medicare runs out?
&nbsp;
Unless you&nbsp;purchased long-term care insurance when you were healthy, or qualify for&nbsp;Veteran's benefits, you will need to&nbsp;become eligible&nbsp;for Medicaid.
&nbsp;
Medicaid is this country's "insurance plan" for long-term care.&nbsp; Unlike Medicare, which is an "entitlement" program (all retirees and disabled individuals who receive Social Security benefits also receive Medicare as their health insurance)&nbsp;in order to be eligible for Medicaid, you must become "impoverished" under the program's guidelines.
&nbsp;
This is where an experienced Elder Law attorney comes in.&nbsp; In my practice, I&nbsp; advise my clients how to financially qualify for Medicaid even if they have too much money and&nbsp;want to preserve their assets for their families.&nbsp; This can be done years ahead of needing the benefits or in a crisis situation.&nbsp; Last week, I helped a family preserve Dad's life savings even though they didn't come to see me until one week before his Medicare ran out!
&nbsp;
There are ways to quaify for Medicaid even if you have too much money.&nbsp; Call the Law office of Debra G. Simms to consult us about Medicaid Planning.&nbsp;&nbsp; Toll free: 1-877-447-4667. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/medicaid-planning.html</link><pubDate>10/24/2010 3:22:00 PM</pubDate></item><item><title><![CDATA[ Animals Have Rights, too! ]]> </title><description><![CDATA[ I'm a dog lover.&nbsp; I have 2 little doggies and if I had more time,&nbsp;I would have even more.&nbsp; Crazy, huh?&nbsp; I mean I have a busy law practice, raised 4 kids, and I like to travel.&nbsp; So why on earth would I want more pets?
&nbsp;
Research has shown that animal owners live longer and healthier lives.&nbsp; Our little companions give us comfort and uconditional love.&nbsp; Our furry friends are now being used to help&nbsp;people with a variety of health issues, including high blood pressure,&nbsp;depression, stress, and to stave off one of the worst demons of all- loneliness.
&nbsp;
So that's why I was disturbed last week to read in The Orlando Sentinel that a Leesburg veterinary clinic lost their patient, a 3 year old Labrador retriever.&nbsp; That's right, LOST the dog.&nbsp; How does that happen?&nbsp; Did they just open the back door of the clinic and say, go ahead Fido, take a walk???
&nbsp;
And here's the kicker.&nbsp; What did the vet do?&nbsp; Told the owner to go home and wait,&nbsp; She filed a police report.&nbsp; Nothing happened.&nbsp; 
&nbsp;
After hiring an attorney, the angry owner has filed a complaint with the Florida Department of Business and Professional Regulation.&nbsp; The Board regulates professional standards for veterinarians.&nbsp;&nbsp; And, clearly, not all vets conform to the highest standards.&nbsp; In the last five years, the&nbsp;Department&nbsp;has not revoked a single license, although 8 were suspended, 86 were placed on probation, and 3 vets voluntarily gave up their licenses.&nbsp; One vet was accused of kicking a dog while suspending the pup by the collar and leash to administer a sedative.
&nbsp;
But, veterinary malpractice cases are hard to prove.&nbsp; And even if you can prove negligence, in most states, including Florida, the monetary damages are based on the value of the pet.&nbsp; Animal companions are classifed as personal property, just like your favorite chair.
&nbsp;
That may change some day.&nbsp; I recently attended a Florida Bar convention where an entire morning was devoted to&nbsp;Animal Rights Law.&nbsp; Law schools are increasingly offering classes in that area.
&nbsp;
In the meantime, ask lots of questions about your vet's kennel safety standards and their "lost dog" procedure.&nbsp; As with all things important to us in life, we must be vigilant.&nbsp; And don't forget about your pets when you draw up your will or trust.&nbsp; My law practice includes pet trusts, an important, but often forgotten part of estate planning.
&nbsp;
One of my favorite quotes is from The Little Prince, by Antoine De Saint-Exupery:
&nbsp;
"People have forgotten this truth...But you must not forget it.&nbsp; You become responsible forever for what you have tamed".
&nbsp;
&nbsp;
&nbsp;Call the Law Office of Debra G. Simms for your free estate planning or animal rights consultation.&nbsp; Toll free: 1-877-447-4667. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/animals-have-rights-too.html</link><pubDate>10/4/2010 10:10:00 AM</pubDate></item><item><title><![CDATA[ Are Lawyers Hypocrites? ]]> </title><description><![CDATA[ I recently met my Aunt's new boyfriend. Let's call him Bob. He is a very nice man.&nbsp; Except he hates lawyers.&nbsp; Hates 'em.
&nbsp;
Of course, Bob didn't tell me that directly. He didn't say that he hates lawyers.&nbsp; It started with religion.&nbsp;Bob is against organized religion because it's hypocritical.&nbsp; Well, I've heard that line&nbsp;millions of times before, but it's always a great ice breaker, right? NO!&nbsp; But, I couldn't resist.&nbsp; "Why do you think people who go to church are hypocritical?" I asked.
&nbsp;
He answered, "Take lawyers, for example.&nbsp; They go to&nbsp;religious services&nbsp;and donate their money to&nbsp;a religion that teaches&nbsp;them to be moral and ethical - do unto others as others do unto you. And then, on Monday morning, they're right back at it, taking advantage of people in order to make a buck".&nbsp; 
&nbsp;
OK,&nbsp;now&nbsp;I was hooked.&nbsp;How are&nbsp;lawyers taking advantage of people?&nbsp; Why do you think&nbsp;they are unethical and hypocritical?
&nbsp;
Well, turns out he owns property.&nbsp; Lots of it.&nbsp; Tenants aren't paying, and he can't get them out.&nbsp; The lawyers know the loopholes and even though the lawyers know their clients are wrong in not paying their rent, they know how to delay through&nbsp;the legal process.
&nbsp;
Well, ok, don't we pay our lawyers, accountants, etc. to take advantage of the&nbsp;loopholes?&nbsp; I said, "Hold on.&nbsp;If your CPA told you that you can save a ton of money in taxes by using a tax loophole, would you tell him or her, No thank you.&nbsp; I'll pay more than I should!" 
&nbsp;
That's different, he said.&nbsp; Well, of course.&nbsp; But, it got me wondering. Aren't all lawyers bound to zeaolously represent their clients within the bounds of the law?&nbsp; Even if we don't like the way the law is being applied? We can always refuse the case, right?
&nbsp;
Take my practice, for example.&nbsp; Maybe&nbsp;my new client is thinking about Bankruptcy or Foreclosure Defense, or maybe it's someone who consults me for&nbsp;Elder Law or Medicaid asset protection planning because he or she&nbsp;wants to pass on their&nbsp;life&nbsp;savings to their children and not spend it all on nursing home care.&nbsp;It's&nbsp; my job to help them, not judge them,&nbsp;right?&nbsp;
&nbsp;
I know there a lot of people out there, like Bob,&nbsp;who think lawyers are unethical and will do anything to make a buck.&nbsp;&nbsp;Happily, most of the lawyers I know, are&nbsp;conscientious professionals who care about doing the right thing.&nbsp; And doing the right thing, as a lawyer, means we represent our&nbsp;clients zealously,&nbsp;WITHIN the bounds of the law.&nbsp;&nbsp;
&nbsp;
The Law Office of Debra G. Simms.&nbsp; Planning today for tomorrow.&nbsp; It's the law.&nbsp; Write me at simmslawfirm.com or call me at 1-877-447-4667. ]]> </description><link>http://www.simmslawfirm.com/blog/posts/are-lawyers-hypocrites.html</link><pubDate>9/10/2010 2:07:00 PM</pubDate></item><item><title><![CDATA[ Don't Let  Your Ex Trash Your Credit! ]]> </title><description><![CDATA[ This is a topic near and dear to my heart.
&nbsp;
Don't let your ex trash your credit!
&nbsp;
When my friend, Sally, got divorced&nbsp;last year, her ex agreed to pay off their $25,000 in &nbsp;credit card bills.&nbsp; This was part of the property division and was made part of the divorce judgment.
&nbsp;
Ever since then, creditors have been calling and writing her because her ex is late or fails to make a payment.&nbsp; Last week, she was served with a lawsuit from Capital One.
&nbsp;
Despite the divorce agreement, Sally is still on the hook.&nbsp; Her credit is trashed and now she has to deal with a lawsuit and possible wage garnishment.&nbsp; Sally told me, "I just assumed my responsibility ended once the divorce was over."
&nbsp;
I always tell my divorcing clients:&nbsp; Creditors don't care how bills or loans&nbsp;are divided in divorce.&nbsp; If it's a joint debt, it stays that way.&nbsp; The credit card agreement or mortgage note&nbsp;trumps the divorce.
&nbsp;
So, what should Sally do now?&nbsp; If she decides to pay off the cards and restore her credit, she&nbsp;might be able to&nbsp;go after her ex for reimbursement in divorce court.&nbsp; If she can't pay off the debts, she can always consider bankruptcy.
&nbsp;
But, I consider myself a preventative law attorney, so I am going to tell you what to do BEFORE the divorce:
&nbsp;
Track down all your credit cards.&nbsp; Pull your credit report to make sure you know about all your active and open&nbsp;accounts,&nbsp; even those with a zero balance.&nbsp; Contact all the lenders and do the following: close or freeze the account and remove authorized users from account.&nbsp; If you can't close all the joint accounts because there is a balance or the lender requires both signatures, try to at least freeze the account.&nbsp; If both signatures are required, do what you can to get it.&nbsp; Follow up is crucial.
&nbsp;
Meanwhile make sure the bills are getting paid.&nbsp; Divorces can take months and all it takes is one late payment to hurt your credit.
&nbsp;
And here's a side note:&nbsp; Don't go crazy opening new accounts in your individual name.&nbsp; This can actually have a negative effect on your credit score.&nbsp; Only apply for the credit you need.&nbsp; And that's some good advice, whether you're divorcing or not.
&nbsp;
Call our offices for a&nbsp;family law&nbsp;or&nbsp;credit counseling&nbsp;consultation at 1-877-447-4667.
&nbsp;
&nbsp;
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/don-t-let-your-ex-trash-your-credit.html</link><pubDate>9/8/2010 2:37:00 PM</pubDate></item><item><title><![CDATA[ Estate Planning for the Baby Boomers ]]> </title><description><![CDATA[ Many people ask me whether estate planning is different for the baby boomers than it was for their parents' generation.&nbsp; Being a boomer, myself, I feel well qualified to answer that question.&nbsp; And the answer is Yes! 
&nbsp;
Our parents' lifestyle during their working years differered from ours in many ways.&nbsp; They often had a single job, lived in a single city, sometimes even a single home, for most of their working lives.&nbsp; They had one mortgage and paid it off before they retired.&nbsp; The paid off house was worth many times over what they paid for it.&nbsp; They could sell the home, buy a smaller house or condo, and have substantial funds left over from the sale to invest for retirement income.&nbsp; 
&nbsp;
Sound a little different for us boomers?&nbsp; Well...we often changed employers, occupations, cities, and often "traded up" our housing several times during our work years.&nbsp; We were less risk adverse than our parents and most of us grew up believing that our government, the most powerful and wealthy country in the world, would always take care of us when we were too old to work.&nbsp; Our children were encouraged, no pushed, to make lives of their own often far far away from Mom and Dad.
&nbsp;
How is it going for us?&nbsp; Well, many of us live by ourselves (the divorce rate is still going strong at 50% for first timers and even higher for second timers), have no equity in our homes, didn't save enough money (all the kids have college&nbsp;degrees, don't they?) and instead of playing golf, bridge, majong, in our 60's and 70's, we will be at our desk by 9 am until...well, until we can't anymore.
&nbsp;
So what are the successful strategies for retirement and estate planning for us boomers?&nbsp; Is it too late to plan to retire when you're already at retirement age?&nbsp; What are the options?&nbsp; 
&nbsp;
Here is one that I know of that has a bad rap.&nbsp; Reverse Mortgages.&nbsp; These are loans against the equity in your home that need not be paid back until the homeowner no longer lives in the home as a principal residence.&nbsp; The usual requirements&nbsp;are that the borrower must own the home, be at least 62 years old, and have equity in the home.&nbsp; The amount that can be borrowed is based upon your age, the current market rates, and the limit for the area where the house is located.&nbsp; 
&nbsp;
You can receive the funds under a number of payment plans including a&nbsp;lump sum, a line of credit, monthly payments, or a combination thereof.&nbsp; Besides cash, there are other benefits:&nbsp; the lump sum is not income so it's not taxed, you can maintain your ability to live independently in your own home, and you don't necessarily lose the ability to apply for federal and state entitlement programs, such as Medicaid.&nbsp; It's not for everybody, and certainly not for those who can't afford to maintain their homes, but it is an option.&nbsp; Just shop around and compare the costs and make sure that it fits in with your overall estate planning goals.&nbsp; That's where I come in.&nbsp; Plus, I'm a boomer, and I did all that dumb stuff, too.
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/estate-planning-for-the-baby-boomers.html</link><pubDate>9/7/2010 1:31:00 PM</pubDate></item><item><title><![CDATA[ My Daughter, the Marijuana Lawyer ]]> </title><description><![CDATA[ Well, here I am in sunny Southern California visiting my lawyer daughter, Kimberly Simms, &nbsp;for the Labor Day weekend.&nbsp; Like many mothers of today's well-educated young women, I am so proud that she followed in my foot steps.&nbsp; Well, kind of.&nbsp; She makes her living advising clients how to legally grow and dispense medical marijuana.
&nbsp;
&nbsp;She also teaches at the&nbsp;Legal Cannabis Institute and is a board member of Southern California NORML , a group which provides education, advocacy, and fundraising with a core mission of reforming marijuana laws.
&nbsp;
I asked my daughter to tell me what she thinks is the future of the marijuana movement.&nbsp; Says, Kimberly, "It's positive and upbeat! We are moving towards legalization and more and more states are starting to decriminalize marijuana.&nbsp; Most importantly, the face of marijuana is changing.&nbsp; It's the young, the elderly, professionals, soccer moms, and even your neighbors.&nbsp; Progress is slow, but we in Southern California&nbsp;NORML are excited to be part of the journey!"
&nbsp;
So then I got to thinking.&nbsp; Medical marijuana would definately be an interesting topic for some of my elder law clients.&nbsp; The medical benefits of marijuana are well-known for many ailments.&nbsp; And unlike cigarettes and alcohol, marijuana is not addictive and&nbsp;does not have long term toxic effects&nbsp;as does tobacco.&nbsp;&nbsp;See what AARP has to say about this: http://www.aarp.org/health/conditions-treatments/info-10-2010/older_americans_increasingly_using_medical_marijuana_to_combat_nausea_pain.html
&nbsp;
And...what&nbsp;about the economy?&nbsp;&nbsp;Think of the millions of dollars of revenue that can be generated from spin-off businesses, like coffeehouses, bookstores, and tourism.&nbsp;&nbsp;And wouldn't&nbsp;there be&nbsp;huge savings in taxpayer dollars that are&nbsp;now going to the budgets of police,&nbsp;prosecution, and prisons to fight the fight.&nbsp;
&nbsp;
So, that's how I'm spending the holiday weekend.&nbsp; Pondering all these issues that I thought were irrelevant&nbsp;for me - until my daughter, the lawyer, started practicing&nbsp;in weed.
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/my-daughter-the-marijuana-lawyer.html</link><pubDate>9/6/2010 12:23:00 PM</pubDate></item><item><title><![CDATA[ Estate Planning  after Divorce ]]> </title><description><![CDATA[ Just divorced?&nbsp; Divorced for years? You and your ex-spouse may have Wills, Powers of Attorney, and Medical Directives that make absolutely no sense for you now.&nbsp; 
&nbsp;
Sometimes assets that were once nonprobate because they were&nbsp;jointly titled&nbsp;in both spouses' names&nbsp;become subject to&nbsp;probate when they are solely owned by&nbsp;one spouse.
&nbsp;
Often the most valuable asset a couple had was the retirement plan.&nbsp; Has the beneficiary designation been changed?&nbsp; Does the existing estate plan need to be reviewed to consider the consequences of this?&nbsp;&nbsp;What about your life insurance?&nbsp; Does your settlement agreement mandate that child support or alimony&nbsp;be insured?&nbsp; How does this impact your estate plans?
&nbsp;
Many of my clients are traumatized after divorce.&nbsp; Dealing with an estate planning lawyer is the last thing on their mind.&nbsp; But, don't wait until it's too late. When it comes to estate planning, when it's too late, it's too late. 
&nbsp;
Consult the Law Office of Debra G. Simms today for your free&nbsp;estate planning consultation.&nbsp; 
&nbsp;
Call Toll free:
1-877-447-4667
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/estate-planning-after-divorce.html</link><pubDate>8/29/2010 3:08:00 PM</pubDate></item><item><title><![CDATA[ The Tax Incentives of Life Insurance ]]> </title><description><![CDATA[ One of the most important aspects of my job as a Financial Representative is helping my clients and their families gain financial security in a tax efficient manner.&nbsp; With the return of the Estate Tax looming in 2011 it is more important than ever for people to address their estate planning needs.&nbsp;The 2011 Budget calls for a $1 million exemption level and a top rate of 55% on taxable estates.&nbsp; One important tool I recommend to all my clients as a means to counteract this tax in your estate planning is through Permanent Life Insurance.
&nbsp;
Permanent Life Insurance can be an important estate planning tool.&nbsp; As long as insurability requirements are met and premiums are made, life insurance creates an estate &#8211;possibly a sizeable estate-not limited by the insured&#8217;s net worth or the nature or value of other assets.&nbsp; With few exceptions, the life insurance provided liquidity is not subject to income tax for the beneficiary.&nbsp;&nbsp;Moreover,&nbsp;with proper estate planning,&nbsp;the&nbsp;value of the&nbsp;life insurance is not subject to estate, inheritance, or gift taxes.&nbsp; Thus, there are tax incentives for including life insurance in your estate plan.&nbsp; 
&nbsp;
Contact the law offices of Debra G. Simms, P.A. for a free estate planning consultation.&nbsp; Call our toll free number at:
&nbsp;1-877-447-4667.
&nbsp; 
Written by:Matthew Kingsley 
Northwestern Mutual Financial Network
Phone:&nbsp; 407-754-0520&nbsp; matthew.kingsley@nmfn.com&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-tax-incentives-of-life-insurance.html</link><pubDate>8/27/2010 8:32:00 AM</pubDate></item><item><title><![CDATA[ The Basics of Estate Planning ]]> </title><description><![CDATA[ I often hear people say:&nbsp; I really need to get a Will! I tell them: Don&#8217;t wait until it&#8217;s too late, because when it comes to a will and other estate planning documents, when it&#8217;s too late, it&#8217;s too late.
&nbsp;
The 4 Basic&nbsp;Estate Planning documents that I always recommend are:
&nbsp;
Will, Durable Power of Attorney, Advance Health Care Directive, Living Will
&nbsp;
What happens if you don't have these estate planning documents in advance?&nbsp; The State will write them for you!
&nbsp;
Call our office now for your free Estate Planning consultation at 1-877-447-4667
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-basics-of-estate-planning.html</link><pubDate>8/19/2010 6:31:00 PM</pubDate></item><item><title><![CDATA[ Is your Esate Plan Up To Date? ]]> </title><description><![CDATA[ You should periodically review your documents to make sure they are up to date.&nbsp; Has your family situation changed due to divorce or the birth of a grandchild?&nbsp; Do you need to change the people you have named as your fiduciaries? (Executor/Personal Representative)&nbsp;Who is your agent in your Power of Attorney?&nbsp; Is that still the person you most trust?
&nbsp;
Sometimes documents need to be changed to conform to new laws.&nbsp; For example, the new health privacy rules may require a change in your Advance Health Care Directive or Power of Attorney?&nbsp; Does your Living Will include your wishes concerning food or water even if there is no hope of recovery?&nbsp; Have you planned to reduce&nbsp;estate or gift taxes?
&nbsp;
Call our offices for a free consultation to determine whether you need to revise your existing documents. For a free estate planning consultation call 1-877-447-4667 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/is-your-esate-plan-up-to-date.html</link><pubDate>8/18/2010 3:50:00 PM</pubDate></item><item><title><![CDATA[ Where should you store your Will? ]]> </title><description><![CDATA[ There should only be one original of your will.&nbsp; Here are some of your options: a home or business safe, bank safe deposit box, with your lawyer, or in some jurisdictions, with the clerk of court.&nbsp; Before deciding to store your documents at home, consider purchasing a fire proof safe.&nbsp; Make sure it is always locked and be certain that someone you trust has the combination.&nbsp;If you store your will in the bank, consider that the laws in some jurisdictions require the bank to seal the box immediately upon your death.&nbsp; This can result in delay and additional&nbsp;probate costs.&nbsp; &nbsp;If you decide to keep the original with your lawyer, ask your lawyer what will happen if he or she is unavailable when you need your document.&nbsp; Ask if there is an additional fee - I offer to store my clients' estate documents at no charge.&nbsp;Whatever you decide, make sure a family member or close friend knows the location of your original will.&nbsp;Contact our office to learn more about our estate planning services.&nbsp; Call 1-877-447-4667&nbsp; 
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/where-should-you-store-your-will.html</link><pubDate>8/18/2010 3:38:00 PM</pubDate></item><item><title><![CDATA[ Paying a lawyer vs. DYI to draw up your will... ]]> </title><description><![CDATA[ Why should you pay a lawyer to draw up your will? 
&nbsp;As an estate planning and probate lawyer in Orlando, I have learned that the only thing more expensive than estate planning is probating an estate where the person did no planning.&nbsp;This is not the time to take shortcuts in the hope of saving a few bucks.&nbsp; It makes sense to pay a reasonable fee to a lawyer who will write out a will that will stand up in court. The lawyer&#8217;s fee can range from $150 for a simple will to $250 per hour to draft a complex estate.&nbsp;But, either way, that&#8217;s way cheaper than a costly court battle.&nbsp;Contact our office to learn more about setting up a simple will or schedule an appointment to discuss our estate planning services. Call 1-877-447-4667 
&nbsp;

&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/paying-a-lawyer-vs-dyi-to-draw-up-your-will.html</link><pubDate>8/18/2010 3:00:00 PM</pubDate></item><item><title><![CDATA[ The Simple Will... ]]> </title><description><![CDATA[ &nbsp; The Simple Will&#8230; 
&nbsp;
The Guinness Book of World Records lists the shortest will in the world as &#8220;All to wife&#8221;.&nbsp;In 1948, there was a famous case where a farmer in Saskatchewan, Canada, was trapped under his tractor.&nbsp;He carved a will into the fender.&nbsp;The fender was probated and stood as his will.&nbsp;&nbsp;I&nbsp;have had many people come to my office asking for a &#8220;simple will&#8221;.&nbsp;I&#8217;ve never had anyone ask for a &#8220;complex will&#8221;!&nbsp;All I write is simple wills -they are simple enough to provide the protection desired by the family.&nbsp;In some cases, they are short wills, in other cases, they are longer.&nbsp;In all cases, they always cover the needs of my clients.&nbsp;&nbsp;Contact our office to learn more about setting up a simple will or schedule an appointment to discuss our estate planning services. &nbsp; Call 1-877-447-4667 
&nbsp;
&nbsp;
&nbsp;

&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-simple-will.html</link><pubDate>8/18/2010 2:56:00 PM</pubDate></item><item><title><![CDATA[ Can a Second Mortgage be Stripped Off in A Chapter 7 Bankruptcy? ]]> </title><description><![CDATA[ &nbsp;
The answer to that question -&nbsp;in the Middle District of Florida - is NO.&nbsp;
&nbsp;
If the amount of the first mortgage on a property exceeds the value of the property (the home is "underwater") then a second mortgage or any other junior lien can be "stripped off"&nbsp;in a Chapter 13 Bankruptcy.
&nbsp;
But, on July 28, 2010, the Bankruptcy court in the Middle District of Florida declined to follow a minority of courts which allow stripping in Chapter 7.&nbsp;&nbsp;&nbsp;The Florida court ruled that a second mortgage&nbsp;on a primary residence can NOT be "stripped off" in a Chapter 7 Bankruptcy, even though there is a a significant number of homes which lack equity beyond the first mortgage lien and there is a "high rate of home foreclosures in this area".
&nbsp;
If you want to keep your home, but can't afford the payments, Chapter 13 Bankruptcy relief may be your best option.&nbsp; Call our offices for a free consultation.
&nbsp;
&nbsp;
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/can-a-second-mortgage-be-stripped-off-in-a-chapter-7-bankruptcy.html</link><pubDate>8/1/2010 6:46:00 PM</pubDate></item><item><title><![CDATA[ Lady Bird Deeds- A Simple Way to Avoid Probate ]]> </title><description><![CDATA[ Are you concerned about keeping your home outside of probate when you pass away?&nbsp; If you are like most people, you don't like the idea of tying up your property in legal limbo for months before your beneficiaries&nbsp;can take possession of or sell your home.
&nbsp;
A Lady Bird Deed&nbsp;conveys the property to your&nbsp;beneficiaries but you have the right to remain in your home for the rest of your life.&nbsp; You can also sell the home at any time without having to notify or obtain the consent of your beneficiaries.
&nbsp;
A Lady Bird Deed also has other benefits:&nbsp; it is far less costly to set up than a Trust; it can protect your home from creditors, and it allows you to keep all the benfits of Florida Homestead protection.
&nbsp;
Call me to discuss&nbsp;whether a Ladybird Deed is right for you and your loved ones.
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/lady-bird-deeds-a-simple-way-to-avoid-probate.html</link><pubDate>6/1/2010 1:09:00 PM</pubDate></item><item><title><![CDATA[ Short Sales - Beware of Shortcomings! ]]> </title><description><![CDATA[ A&nbsp;short sale may seem like a great way to avoid the financial devastation of foreclosure, but it's not always the smartest move.&nbsp;There may be&nbsp;better legal protections by going the foreclosure route and the damage to your credit score may be&nbsp;the same.&nbsp; Here are some things you should know before you decide:
1. Your credit score will tank just the same

&nbsp;A short sale and&nbsp;a foreclosure&nbsp;have the same impact on your credit score because they are both regarded as serious delinquencies, according to&nbsp;a spokesman from Fair Isaac, the company that calculates the FICO score.&nbsp; Other factors, such as what the credit score was before the short sale or foreclosure, may have a greater impact.
2. The lender may come after you for the difference
In&nbsp;a short sale, the bank will almost always try to get you, the homeowner, to sign an agreement to pay back the difference between the amount you owe and the final sale price. It's up to&nbsp;you,&nbsp;or your attorney, to get the&nbsp;the lender to agree not to pursue any further payment.&nbsp; The demand for payment may come years later, long after you thought you were fully recovered!&nbsp;
3. You'll have less time to recover financially and emotionally
In Florida, a foreclosure takes several months or longer.&nbsp; This is a time when you&nbsp;are not&nbsp;making house payments, and can help you prepare financially and emotionally to&nbsp;leave&nbsp;your property.&nbsp; You give that up with a short sale.&nbsp; When the house sells and closes, you are out. 
&nbsp;
 ]]> </description><link>http://www.simmslawfirm.com/blog/posts/short-sales-beware-of-shortcomings.html</link><pubDate>2/7/2010 10:29:00 AM</pubDate></item><item><title><![CDATA[ New Estate Tax Rules January 1st ]]> </title><description><![CDATA[ &nbsp;&nbsp; NEW ESTATE TAX RULE ON THE HORIZON 
&nbsp;
The federal estate tax is scheduled to return with a vengeance on Jan. 1, 2011, imposing a tax of up to 55% on estates valued at more than $1 million.&nbsp;&nbsp;
A $1 million exemption would affect a lot of families who do not consider themselves &#8220;wealthy&#8221;. "If you have a home, an IRA or 401(k) retirement account, life insurance and some other savings you can get to $1 million pretty easily.
The roots of the estate tax disarray date back to 2001, when Congress voted to gradually raise the estate tax exemption while cutting income tax rates. The phase-out ended in repeal of the tax in 2010. But like the Bush administration&#8217;s income tax cuts, the reduction in the estate tax is scheduled to expire at the end of this year.
Historically, wealthy individuals have used a variety of strategies to mitigate estate taxes, including giving away a large portion of their wealth while they're still alive. &nbsp;But this strategy isn&#8217;t practical for families who have most of their wealth tied up in their primary residences and retirement savings. &nbsp;
Estate taxes can be minimized with the use estate planning devices such as marital trusts and for unmarried individuals, irrevocable life insurance trusts.&nbsp;Contact our office today to discuss your estate planning options to help you minimize the impact of the new tax law.&nbsp;&nbsp;&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/new-estate-tax-rules-january-1st.html</link><pubDate>2/7/2010 10:18:00 AM</pubDate></item><item><title><![CDATA[ The Emotional Side of Bankruptcy - call 211 ]]> </title><description><![CDATA[ &nbsp;I know from my law practice that people facing bankrutpcy are often suffering with anxiety, depression and maybe even domestic abuse, all brought on by the turmoil of&nbsp;this recession.&nbsp; Hard working folks are looking face-to-face&nbsp;with the Big Bad B word, and it hurts.&nbsp; It's unthinkable.
&nbsp;
Last November, this community was rocked by the news that a young father&nbsp;was killed and 4 others were shot and injured in a downtown office building.&nbsp; The man charged with the crimes&nbsp;had recently filed&nbsp;bankruptcy.
&nbsp;
Only&nbsp;a few months&nbsp;earlier, an Orlando&nbsp;man in&nbsp;bankruptcy was charged with killing his wife in their lavish home.
&nbsp;
Orlando has the highest rate of increases in bankruptcy filings in the State's Middle District, which covers the area from Ft. Meyers all the way to Jacksonville.
&nbsp;
Thanks to the Orlando Bankruptcy judges, Bankruptcy filers can now be referred to the United Way's 211 hot line, which offers 24 hour crisis counseling, as well as referrals to other free or low-cost agencies that offer food, housing, and clothing.&nbsp; 
&nbsp;
&nbsp;
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/the-emotional-side-of-bankruptcy-call-211.html</link><pubDate>2/1/2010 8:00:00 PM</pubDate></item><item><title><![CDATA[ Credit Card Bail Out? ]]> </title><description><![CDATA[ Have you seen or heard the&nbsp;debt relief advertisements about how people who owe more than $10,000 in credit card debt can get relief under the Obama financial bailout plan?
It goes something like this:&nbsp; The relief given to large financial institutions under the economic stimulus plan is now available to Main Street. Large creditors were given billions in government stimulus money and now have more flexibility when it comes to negotiating personal debt bailouts through a debt settlement process&nbsp; The ads go on to say: A debt settlement company&nbsp;can negotiate a settlement&nbsp;of up to 60%&nbsp;and this will only have a minimal impact on your credit score. 
&nbsp;
Sounds like a pretty good deal.
&nbsp;
It would be a good deal if it were true. There is no&nbsp;government bail out program&nbsp;that allows you to get out of debt. 
&nbsp;
Here are your options:
&nbsp;
1.&nbsp;You can file for bankruptcy and your debts will be legally discharged.
&nbsp;
2. You, or your attorney, can negotiate with your credit card companies.&nbsp; Each one has different guidelines.
&nbsp;
3. You can let&nbsp;your creditors&nbsp;sue you. You may have some legal defenses.&nbsp; You can always negotiate.
&nbsp;
&nbsp;
Before signing up with any of&nbsp;these&nbsp;debt relief agencies, talk to a licensed attorney. 
&nbsp;. 
&nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/credit-card-bail-out.html</link><pubDate>1/31/2010 3:15:00 PM</pubDate></item><item><title><![CDATA[ Relief for Homeowners?  Not so Fast! ]]> </title><description><![CDATA[ RELIEF FOR HOMEOWNERS?&nbsp;NOT SO FAST!    It&#8217;s old news that the financial crisis and the housing market created devastating consequences for homeowners and communities throughout the country.&nbsp;Workers who have lost their jobs or had their hours cut are struggling to stay current on their mortgage payments.&nbsp;Refinancing to lower mortgage rates is not an option for even those with a steady income because in many cases the property isn&#8217;t worth what&#8217;s currently owed.&nbsp;Millions of families are expected to face foreclosure and bankruptcy in the next several years.        In the meantime, it has been reported that the Obama Administration&#8217;s ambitious Homeowner&#8217;s Affordable Modification Program (HAMP), implemented to offer assistance to as many as 7&nbsp;million homeowners, has reached only a few hundred thousand families and only on a temporary basis.Adding insult to injury, last month the U.S. House of Representatives defeated the so called &#8220;cram down&#8221; provision to a financial reform package that would have temporarily allowed bankruptcy judges to adjust the value of a mortgage to reflect the current value of the home.&nbsp;Maybe Washington will help us after all.&nbsp;Last night, in his State of the Union address, President Obama pledged in one simple sentence in an entire speech, &#8220;This year, we will step up refinancing so that Homeowners can move into more affordable mortgages.&#8221;&nbsp;Now, that&#8217;s good news, right?&nbsp;&nbsp;The Supreme Court of Florida, at least, is forcing the banks to talk to their customers before they can foreclose on their home.&nbsp;A new administrative order mandates mediation in every foreclosure case and requires that a representative from the bank, not just their lawyer, actually be there to talk.&nbsp;This is good news, right?    &nbsp;    &nbsp;  &nbsp;  &nbsp; ]]> </description><link>http://www.simmslawfirm.com/blog/posts/relief-for-homeowners-not-so-fast.html</link><pubDate>1/28/2010 3:34:00 PM</pubDate></item></channel></rss>
