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March 2017 Archives

Work with experienced attorney to navigate issues surrounding construction liens, P.3

Last time, we began speaking a bit about the importance of release of lien agreements as a tool to allow contractors to avoid lien filings by parties that provide work or materials under a general contractor in a construction project.

Work with experienced attorney to navigate issues surrounding construction liens, P.2

Last time, we began looking at the topic of construction liens, and a recent example of a major construction project which is now facing foreclosure under liens filed after the project experienced complications and stalled out.

Work with experienced attorney to navigate issues surrounding construction liens, P.1

One of the unpleasant realities developers and contractors have to deal with on a fairly routine basis is construction liens. A construction lien is a security interest a contractor has in a property to ensure they are able to satisfy any unpaid bills.

Tough estate planning questions (and why they're important)

It's easy to put off estate planning. You want to focus on enjoying life now, not dwelling on the uncertainties of the future. Yet dealing with important estate planning issues now, before it's too late, will give you peace of mind in knowing you've thought through the possibilities.

Dividing retirement funds in divorce: looking at QDROs, P.2

We mentioned last time that an important tool in handling retirement assets in divorce is the qualified domestic relations order (QDRO). In addition to the requirements we mentioned last time, there are several negative requirements for these orders.

Dividing retirement funds in divorce: looking at QDROs, P.1

In our last post, we began looking at the issue of dividing retirement assets in divorce. As we noted, unless a spouse is named as a beneficiary or the state of divorce considers funds contributed to the account during the marriage to be marital property, the non-holding spouse’s only option is to negotiate for a share of the funds.

Work with experienced attorney to sort out retirement funds during divorce

Property division is an important aspect of divorce, particularly in cases where significant assets are at stake and one party may be at a significant financial disadvantage compared to the other party in terms of post-divorce financial health. One area where couples can have significant assets built up is retirement accounts, whether 401(k)s, IRAs, or types of accounts.

What is probate, and why consider an estate plan aimed at avoiding it? P.2

Last time, we began to discuss the topic of probate avoidance, and some of the means that can be used to avoid probate when doing so may be desirable. On that point, it is important to note that probate isn’t necessarily always completely undesirable. For many individuals and families, the likely costs, time and relative lack of privacy of probate are not always significant enough to justify the planning and alternative costs of building an estate plan around avoiding the process.

What is probate, and why consider an estate plan aimed at avoiding it?

One of the first terms people come across when beginning the process of estate planning is probate. The term refers to the court-supervised process of wrapping up the estate of a deceased individual. The probate process involves determining the validity of the deceased individual's will, appointing or recognizing a personal representative to manage administration of the estate, and distribution of the deceased person's assets to heirs.

Legislation aims to reform alimony law in Florida

We’ve been looking in our last several posts at the topic of spousal support or alimony, and when a spouse is entitled to support under Florida law. As we noted, several types of alimony are awarded in Florida—rehabilitative, durational and permanent—and the conditions for an award are bound by certain conditions and determined by judicial discretion.

When is a spouse entitled to alimony in a Florida divorce? P.1

Child custody and property division are typically the most important issues that are dealt with in the divorce process, though in some cases alimony can also be an important issue. This is especially true in cases where a former spouse, for whatever reason, faces the strong prospect of difficult financial circumstances after divorce.

Protecting business assets from divorce an important task, P.3

Last time, we began discussing the important topic of protecting business assets from being divided in divorce. As we noted, one important issue in dividing business assets is to determine the share in those assets to which each spouse is entitled, and this can be complicated. Ideally, couples will take appropriate steps to protect their business assets well in advance of divorce, making the issue easier to address.

Protecting business assets from divorce an important task

Being in business for oneself is a lot of work, and a lot of planning needs to be done to protect a business. Managing liabilities is especially important, and this includes both financial liabilities and legal liabilities. It can also include liabilities stemming from divorce.

Keep Bitcoin, other cryptocurrencies in mind in property division proceedings

Hiding marital assets in Bitcoin, as we mentioned in a recent post, is one of the strategies some married people are using to keep assets from being entered into property division in divorce. For readers who are unfamiliar with the term, Bitcoin refers to a “peer-to-peer electronic cash system,” as its inventor has defined it.

Tracking down assets hidden overseas: tax documents can help, but work with experienced attorney

In recent posts, we’ve highlighted the importance of working with an experienced attorney to make full use of the discovery process in divorce to ensure that a spouse doesn’t get away with hiding assets. Again, this is a particularly important issue for couples with significant wealth, and especially for the financially weaker party, who stands to lose more from a spouse’s asset-hiding.

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