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February 2017 Archives

Work with experienced legal counsel to prevent asset-hiding in divorce, P.3

We’ve been discussing in recent posts the issue of asset-hiding in property division, and the importance of working with an experienced attorney to minimize the possibility of asset-hiding. As we mentioned last time, an experienced attorney will know how to make best use of the discovery process to obtain as much evidence as possible about the opposing party’s financial profile.

Work with experienced legal counsel to prevent asset-hiding in divorce, P.2

Previously, we began discussing the discovery process in the context of property division, and the importance of working with experienced legal counsel to gather all the evidence necessary to reach a just resolution to the case. Of particular concern, we noted, is the possibility of asset-hiding.

Work with experienced legal counsel to prevent asset-hiding in divorce, P.1

Determining who gets what property in divorce is one of the central issues couples have to work through in divorce. Different couples, of course, have different financial profiles and circumstances, and need to build an appropriate negotiation strategy based on these factors.

Looking at Florida law on indemnity for general contractors

A lot can go wrong in the course of a construction project. This is why the various contractors and other parties involved in construction have to have a solid plan and must communicate effectively in carrying that plan out. Even with the best laid plans, though, something or other is bound to go wrong. Sometimes significant mistakes are made.

Insurance coverage of construction defect-related damages not always straightforward matter

Recently, we discussed on this blog the topic of Assignment of Benefits agreements, and some of the things contractors need to keep in mind when entering into these agreements to ensure they have reasonable prospects of recovering costs incurred in home repairs. A recent Florida insurance dispute finally settled by the Florida Supreme Court highlights the type of issues that can come up in insurance disputes.

Pretermitted children and entitlement to an estate

Previously, we began looking at the topic of children born after the execution of a will and state law regarding their entitlement to a portion of the deceased parent’s estate. As we noted, such children are entitled to the portion of the state they would have taken if there had been no will, provided certain conditions are met.  

How these 3 estate planning mistakes open the door to family disputes

Nobody wants their family members to squabble over inheritances after they're gone. No one wants to leave a legacy of heated battles. One of the main goals of estate planning is to prevent such disputes from happening.

Will Marlins pitcher’s death result in estate dispute?

Florida baseball fans remember that, last September, Miami Marlins pitcher Jose Fernandez died in a boating accident near Miami Beach, Florida. Though Fernandez was unmarried at the time of his death, his girlfriend was pregnant with their child. She was not, however, named as a beneficiary on Fernandez’s trust. Rather, his mother was named as the sole beneficiary.

A look at some precautions contractors should take with AOB agreements, P.2

We’ve been looking in recent posts at the topic of Assignment of Benefits agreements, the risk of over-inflation and fraud, and the need for contractors to take precautions to protect their right to seek compensation under the homeowners policy for repair work provided in connection with an Assignment of Benefits agreement.

A look at some precautions contractors should take with AOB agreements, P.1

Last time, we began looking at the issue of assignment of benefit claims, and the financial strain they are putting on Florida’s homeowner’s insurance industry. As we noted, one of the big criticisms of assignment of benefits claims is that they open the door for contractors to file fraudulent claims, and ultimately can put the homeowner at risk if the insurance company and the contractor cannot resolve disagreements.

Assignment of benefits claims put massive strain on homeowners insurance industry in FL

Under Florida law, homeowner’s insurance policyholders are able to assign the right to seek insurance reimbursement to third-party contractors. Contractors who have reimbursement rights assigned to them are then able to seek compensation from the insurance company for repairs, such as leaky pipes, and may file claims against the insurer if payments are denied or minimized.

Considering some important financial issues in divorce negotiations, P.3

We’ve been looking in recent posts at some of the issues couples need to keep in mind when approaching financial negotiations in divorce. Negotiation of property and assets division should, we said last time, take into account tax costs and couples should look out for their own credit health.

Considering some important financial issues in divorce negotiations, P.2

Last time, we began discussing some of the important issues that need to be considered when dealing with the financial aspects of divorce. As we noted, there is the importance of taking stock of one’s own financial situation and ensuring that one’s spouse is fully disclosing his or her assets. This is particularly important for the financially weaker party or the party who will have primary custody of the children. Negotiation fits within the laws of the state concerning property division as well as the terms of any valid agreement between the spouses.

Considering some important financial issues in divorce negotiations, P.1

Along with the issue of child custody, finances are the most important issue couples have to deal with in divorce. Each couple, of course, has its own unique circumstances and there is no single strategy that works in every case. There are, however, certain issues that should be carefully considered in preparing for divorce and negotiating divorce terms.

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