Tag: legal-action
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Dealing with Medicare Issues in Workers’ Compensation Settlements
Medicare has been paying for injured workers’ medical expenses, even when they should be covered by workers’ compensation or other insurance. The Centers for Medicare and Medicaid Services (CMS) is working to collect the money owed to Medicare for these expenses. Medicare may not pay for medical treatment if it can be covered by workers’…
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Sunshine in Litigation
Florida has a law called the Sunshine Statute that aims to balance the need for information in a lawsuit with the need to protect business secrets. It’s supposed to help people get information about hazardous products for their lawsuits, but it also tries to prevent unfair advantages for companies and unworthy lawsuits. The Sunshine Statute…
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Personal Jurisdiction and the Internet: Applying Old Principles to a New Medium
The internet has led to new legal questions about when someone can be sued in a different state. Courts have said that in order for someone to be sued in another state, they have to have enough contact with that state so that it’s fair to sue them there. The courts have used three categories…
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The Case Management Conference: Tune-up Needed?
The Case Management Conference (CMC) is a meeting where the court and attorneys schedule trial dates, discuss issues, and try to settle the case. The court can also help move the case along if it’s taking too long. If attorneys don’t cooperate, the court can dismiss the case. The conference can be useful in complex…
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Be Alert for Financial Exploitation of the Elderly
After World War II, the U.S. has seen a huge amount of money accumulated. Now, a lot of that money is being passed down to the next generation, with estimates predicting over $60 trillion transferred in the next few decades. This isn’t just about the super rich; there are millions of millionaires in the U.S.…
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Bank Customers Beware: Recovery of Unauthorized Electronic Funds Transfers Isn’t So Easy
So, your friend’s bank account was hacked and all her money was taken. If she asks for your help to get her money back, there might be a way to help, but it’s not guaranteed. You would need to look at the laws that regulate electronic money transfers to see if there’s a way to…
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Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect?
Time is very important in real estate, especially when property values are going down. If there’s a problem with the title of a property, the seller might ask their title insurance company to fix it quickly so they don’t lose the sale or the value of the property. But even if the title insurance company…
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IRS-Revived Scrutiny of Foreign Accounts: Amnesty Offered But Uncertainty and Perils Remain
About 25 years ago, the IRS used an undercover operation to find out who had bank accounts at an offshore bank. More recently, the IRS has been trying to uncover the identities of people who have money stashed in offshore accounts and are using credit or debit cards to access it. They’re doing this by…
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Roth IRA Conversions as an Asset Protection Strategy: Does it Always Work?
Before 2010, you could only switch from a traditional IRA to a Roth IRA if your income was $100,000 or less. But now, anyone can do it, no matter how much they make. With a traditional IRA, you put in money that hasn’t been taxed yet, and it grows without getting taxed. But when you…
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State of the Same-sex Union: A Tax Perspective
The U.S. Supreme Court decided that same-sex married couples can now enjoy the same federal benefits as opposite-sex married couples. This means that same-sex couples can claim tax benefits and other rights previously unavailable to them. The decision also stated that same-sex marriages performed in any U.S. or foreign jurisdiction will be recognized for federal…
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Using Administrative Law to Challenge IRS Determinations
Taxpayers who are in a dispute with the IRS should not forget to use all possible arguments and defenses available to them, including those under administrative law. These arguments have not been used often in the past, but they can be very helpful in certain situations. Both taxpayers and the IRS can benefit from finding…
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The Crux of the Clutch CRUT Crutch: How to Fix an Impermissible Split-Interest Trust to Obtain an Estate Tax Charitable Deduction
Creating a charitable remainder trust (CRT) at death is a way to get a tax break in someone’s estate after they have passed away. There are specific rules that the trust must follow in order to qualify for this tax break. If the rules are not followed, the trust can be “broken” and the tax…
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Will Our Future Drown? Paying for the Costs of Sea-Level Rise
Florida’s coastline is not permanent and sea levels have risen in the past. If sea levels rise in the future, it could lead to problems for our homes, infrastructure, and tax base. We need to have real conversations about this issue instead of getting caught up in the loud voices on the internet. This article…
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The Taxation of Cryptocurrencies
Cryptocurrency and blockchain technology have become very popular and valuable in recent years. Cryptocurrency, like Bitcoin, is a type of digital money that uses cryptography to keep transactions secure. It’s stored in digital wallets and relies on blockchain technology, which is a way of storing and keeping track of information. This technology is important for…
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The Trust Beneficiary’s Right of Access to Information
Beneficiaries have the right to know certain information about a trust, but sometimes trustees refuse to provide it. This can lead to beneficiaries feeling upset and hiring lawyers. In some cases, the trustee may not know their responsibilities or may intentionally withhold information. This article explains what information beneficiaries can get under Florida law and…
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1998 Changes to Public Works Bonds and Construction Lien Law
Florida’s Construction Lien Law was changed in 1998 to address issues with construction liens and payment bonds for public works. The changes reflect compromises between different groups in the construction industry, but there may still be questions about the language used. Confusing parts of the law are usually fixed in the next year. The law…
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Innocent Spouse Relief from Joint and Several Federal Tax Liability: Updates, Hurdles, and Considerations
Married couples can file their taxes together or separately. It’s usually better to file together because you’ll pay less in taxes. But if you file together, both spouses are responsible for the full amount of taxes owed. This can be unfair if one spouse didn’t know about the income that caused the taxes. In those…
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Nuisance Trees: The Massachusetts or Hawaii Rule?
Homeowners whose property is affected by nuisance trees may struggle to find legal representation due to liability issues and court outcomes being uncertain. The Massachusetts rule and the Hawaii rule offer different remedies for nuisance tree issues, and the Hawaii rule is considered a better fit for Florida. The Massachusetts rule allows for self-help as…
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Special Statutory Proceedings for the Discharge of Construction Liens
In Florida, special legal proceedings can be authorized by the Supreme Court as long as they don’t conflict with the rules of civil procedure. This includes the discharge of construction liens, which is typically handled through nonadversarial means outlined in the law. However, there can be some confusion about when to use the rules of…
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The Revocable Trust as Beneficiary of the Estate and the Effectiveness of Full Waiver Forms
The article discusses the legal steps to take when administering an estate with a trust as a beneficiary. It highlights the potential conflict of interest if the person in charge of the estate is also the trustee of the trust. It explains the importance of providing all information to the trust beneficiaries. It uses the…
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The Interstate Land Sales Full Disclosure Act’s Two-Year Completion Exemption From the Condominium
The saying “a little bit of knowledge is dangerous” is true for real estate agents and condo developers dealing with ILSA. This law has a lot of rules and consequences, and it’s important to know how it affects condo developers. One important rule is the “two-year completion” exemption, which many developers use. A recent case,…
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The Interpretation of 7(a) and 7(b) of Title Policies Under Florida Law: Synergism Revisited
Title insurance policies do not guarantee that the title is without errors, and a title company can take legal action to fix any issues. If the title company’s action causes a delay or financial loss, it was unclear who would be responsible for covering those costs, but recent court cases have clarified this issue. In…
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Understanding the Testamentary Effects of Community Property Rules
Due to a lot of people moving to Florida, the state has community property rules that are important in legal decisions. In 1992, the Florida probate laws were changed to include a version of the Uniform Disposition of Community Property Rights at Death Act. This act affects what happens to a person’s property after they…
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Disbursement of Surplus Proceeds from a Foreclosure Sale & The Urban Myth of the Race to the Courthouse
Urban legends are stories that are unbelievable but still seem possible. Some examples include wiping out debt with a first payment, scamming money with fake deposit slips, and paying off debt with a fraction of the amount. In the legal world, there’s a myth where a lawyer convinces a judge to give leftover money from…