Tag: family-members
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How can someone request to sponsor a family member?
A person residing in the United States or a lawful permanent resident can assist specific family members in obtaining permanent residency in the U.S. The initial action to be taken involves submitting an I-130 form, which serves as evidence to the government that the individual being petitioned is indeed a relative and not an unrelated…
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What are the necessary steps for a stepparent adoption?
What kinds of adoption are offered in Florida? What is involved in the adoption process? Adoption is a legal process where a child is permanently separated from his or her birth parents and relatives and transferred into a new family. The new family is responsible for the care and guidance of the child from that…
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What is the most common motorcycle injury?
Novice operators are particularly vulnerable to motorcycle crashes. However, there are other factors apart from lack of experience. Whether it’s drivers of other vehicles failing to notice them in blind spots or adverse weather conditions, motorcycle wrecks can occur on a daily basis. Even seasoned motorcycle riders can be involved in motorcycle collisions that lead…
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What Is Wrongful Death Malpractice?
When a healthcare provider or medical facility causes harm to a patient, it is considered medical malpractice. In instances where a patient dies as a result of medical malpractice, their family members or designated representatives may file a wrongful death claim to seek financial remuneration for the harm caused by the loss. While not every…
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What steps should I take if I believe employees are mistreating residents in a nursing home?
If you ever have suspicions of mistreatment towards a nursing home resident, promptly inform the director of the nursing home. It is important for family members, doctors, nurses, and staff to be informed about the allegation, and a thorough investigation must be carried out. If you feel that the director is not properly addressing the…
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What is a Wrongful Death Case Under Florida Law?
What constitutes a wrongful death lawsuit? Wrongful death claims compensate families for a loved one lost because of the negligence, recklessness, or intentional action of another party. The families prevail if they can establish by a preponderance of the evidence that the accused(s) had a responsibility to exercise care, failed to fulfill that responsibility, and…
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What is an authorization for release of protected health information?
Under the Privacy and Security of Health Information Act your medical records are private and even your spouse is not entitled to access to your records. The authorization for release of protected health information is sometimes referred to as the PSA Authorization or PSA Release. This is a written document that designates who, besides yourself;…
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What constitutes a personal injury claim?
A personal injury claim refers to a civil (or, more precisely, non-criminal) action that can be initiated when someone experiences injury, harm, or death due to the negligent, reckless, or intentional behavior of another individual. The party making the claim is referred to as the “plaintiff,” while the entity being accused is known as the…
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What is the role of a Health Care Surrogate or Proxy in the state of Florida?
How can I choose a representative for my health care decisions? Why is having a health care surrogate important? In Florida, individuals have the option to designate a representative, known as a health care surrogate, who can make important medical decisions on their behalf if they become incapacitated or are unable to communicate their preferences.…
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Why is estate planning important for business owners?
Who should consider estate planning? An estate plan can keep your business and personal assets out of probate court, making the transition of your assets much smoother for your family members. Additionally, by creating an estate plan, you will have full control over what happens to your business and other assets after you die or…
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What is a form of asset ownership called Joint Tenancy with Rights of Survivorship?
Joint ownership with the right of survivorship is a method of holding ownership to your property, in the state of Florida. When one of the property owners dies, and the ownership was held as joint owners with the right of survivorship, the other owner automatically inherits whatever ownership interest the joint owner had. It is…
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Why is it important to establish an estate plan?
Why is it essential to create an estate plan? Regrettably, many families neglect the importance of proper estate planning due to the misconception that their assets are insignificant or that their children can independently distribute them. If one fails to establish legal arrangements for asset management and affairs after their incapacity or demise, the intestacy…
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What is a Trust for Personal Residences (TPR) and how does it function?
Residences are oftentimes most valuable assets and thus a significant portion of a taxable estate. A Trust for Personal Residences, or TPR (pronounced “tee-per”), enables you to transfer ownership of your house or vacation home at a substantial discount, effectively immobilizing its value for estate tax purposes, while still allowing you to reside in it.…
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What is a Family Limited Partnership (FLP) and how does it function?
A Family Limited Partnership (FLP) is essentially a type of limited partnership among members of a family. A limited partnership comprises general partners (who handle management) and limited partners (who are passive investors). The general partners bear unrestricted personal liability for partnership obligations, while the limited partners have no liability beyond their capital contributions. Normally,…
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Everything You Need to Know About Naming Your Life Insurance Beneficiary
– Business owners can use life insurance to equalize the value of each child’s inheritance or to buy the deceased partner’s interest from their family. – Parents with young children can use life insurance to pay for the expenses of raising children and provide for a surviving parent if the deceased parent was the family’s…
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Proving Someone Wrongly Influenced a Will in Florida
1. The testator was in a vulnerable state and easily influenced by others. 2. The person accused of exerting undue influence had the chance to manipulate the testator’s decisions. 3. The person accused of undue influence used coercion or manipulation to obtain an unfair will or legal document. – Factors that may make a person…
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“Should You Get a Prenup Before Getting Married in Florida?”
– A prenuptial agreement, also known as a premarital agreement, is a contract made between prospective spouses before marriage. – It addresses rights to alimony, division of property and debts, and distribution of property in the event of divorce or death. – Benefits of having a prenuptial agreement include facilitating a quick resolution in the…
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Florida Condominium Association Emergency Powers Explained
– In Florida, condominium living is popular, especially near the water. – Hurricanes have influenced building codes in the state and can cause severe damage to buildings and regions. – Chapter 718 of the Florida Condominium Act provides emergency powers for condominium associations in response to damage caused by a declared state of emergency. –…
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Florida Charities Must Now Report Conflicts of Interest and Finances
– Charities subject to the Florida Solicitation of Contributions Act are now required to adopt a conflict of interest policy for transactions with related parties. – Most charitable organizations must now file a tax return and financial statements with the Department of Agriculture and Consumer Affairs. – Charities with over $1 million in revenue and…
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“Challenging Probate in Florida: What You Need to Know”
– Probate is the court-supervised process for distributing a deceased person’s assets to their beneficiaries. – Probate in Florida is necessary for nonresidents and residents who own property in their individual names without a named beneficiary. – Objecting to probate in Florida can be done on grounds such as undue influence, fraud, mistake, lack of…
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The Hoiberg Group – Legal Services for You
– Income must be reported even if a Form 1099-K was not received. – A tax extension only extends the filing deadline, not the payment deadline. – The best way to check on a tax refund is through the IRS website. – The best way to check the status of a tax refund is through…
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Understanding Florida’s Personal Injury Protection (PIP) Coverage: What You Need to Know and How to Stay Protected
– Personal Injury Protection (PIP) is mandatory in Florida and is a required coverage under every car insurance policy. – PIP provides coverage for medical expenses and lost wages regardless of who was at fault for causing the accident. – It is important to seek necessary medical attention after a motor vehicle accident, especially if…
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“Importance of Guardianship Plans for Generation X in Florida”
– Having a guardianship plan in place provides peace of mind for both Gen Xers and their aging parents. – A guardianship plan can help avoid disputes among family members regarding who should be appointed as the guardian. – Creating a guardianship plan before an emergency occurs can save time and money in the long…
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What High School Students Should Know About Buying a House
1. Understand how much you can afford by budgeting for mortgage and necessary expenses and using that number as a cap for shopping around for mortgages. 2. Figure out your monthly housing costs, including mortgage payments, property taxes, insurance, homeowner’s association fees, and utilities, aiming for a payment amount below 22% of your income. 3.…