Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Probate: What is a Will? … and do I need one?

Posted on April 18, 2013 by Blick Law

A Will is a legal document that provides direction for how a decedent intends to distribute their assets upon their death. Many times, people avoid considering the different options available through the probate process out of a fear of thinking about their own death.

A person without a will at the time of death is said to have died intestate. When a person dies intestate, the State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on relation and bloodline.

Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate; as it is always better to have your intentions for the disposition of your assets to be memorialized in an executed Will, rather than have the State determine the disposition of your assets. Probate is the process of identifying and gathering the assets of the deceased person, paying their debts, and distributing the assets to his or her beneficiaries.

Many considerations must be made prior to setting forth the distribution of one’s assets following their death, and often times other legal documents are more suitable for particular situations. It is important to discuss your situation with an experienced attorney, and determine what is best for you be it a Will or Trust instrument.

If you or a loved have concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Driving with License Suspended

Posted on April 15, 2013 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their driving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.

In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:

(1) First conviction is a second degree misdemeanor;

(2) Second conviction is a first degree misdemeanor;

(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.

The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.

If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Bankruptcy: Chapter 13

Posted on April 13, 2013 by Blick Law

When considering Bankruptcy, a Chapter 7 filing is a useful way to discharge of most debt and can relieve the burden of creditor collection attempts. However, many times a debtor has equity in a home or property and would like to file for Bankruptcy but not surrender their home. In these cases, a debtor can reaffirm the debt for the particular property they would like to maintain and keep making the payments, or file for Chapter 13 Bankruptcy which allows the debtor to reorganize the debt into a consolidated and more manageable payment.

Chapter 13 Bankruptcy gives the debtor an opportunity to manage their debt over a period of 3 to 5 years and still maintain the rights to both exempt and non-exempt property. This is particularly useful when the debtor has a large amount of equity in the home or property. Chapter 13 also helps by reducing payments on debts that cannot be discharged by Chapter 7, such as Student Loans; additionally, Chapter 13 helps avoid wage garnishment, delays the foreclosure process on the home, protects co-signers, and allows for an overall extension on the repayment term of most debts.

However, the decision to declare Bankruptcy also comes with consequences. The disadvantages of filing Chapter 13 include:

  • Credit reports will show a Chapter 13 Bankruptcy filing for 7 years
  • The debtor will receive high interest rates on future credit
  • The debtor will have a strict budget in place in order to ensure the reorganized debt payments
  • Legal representation fees tend to be higher, plus added court costs

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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Short Sales vs Foreclosure

Posted on April 11, 2013 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship and are faced with foreclosure. A short sale can be a helpful tool when trying to alleviate the burden of a looming foreclosure.

A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.  Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your sale is being handled by an accountable professional.

If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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What Is Uninsured Motorist Coverage?

Posted on April 9, 2013 by Blick Law

Auto accidents can be devastating, and often times result in not only property damage, but also severe injuries that require extensive medical attention and treatment. Insurance coverage is vital in helping car accident victims afford the medical care they need and provides assistance in replacing the loss of property incurred when involved in a serious accident.

Florida requires that all automobile owners who register and operate a vehicle must have Florida insurance. In Florida, the mandatory minimum coverage is $10,000 of personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.

While these mandatory minimums are in place, many Florida drivers operate vehicles without any automobile insurance coverage. As a protection against Uninsured Motorists, insurance companies provide Uninsured Motorist Coverage. Uninsured Motorist (UM) Coverage provides for payment of certain benefits for damages caused by owners or operators of uninsured vehicles that cause injury resulting from an automobile accident. Such benefits include payment for medical expenses, lost wages, and even pain and suffering.

It is important for all drivers to consider adding UM coverage to their existing policy to protect themselves and their families from injuries and loss caused in an auto accident by uninsured motorists.

If you or a loved one has been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

 

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DUI Driving Consequences

Posted on April 5, 2013 by Blick Law

On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:

  • License Suspension
  • Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
  • Complications with Employment; both present and future
  • Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
  • Probation
  • Legal Fees and Court Costs

These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.

DUI, or Driving Under the Influence, generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol, illicit drugs, and even prescription medication. Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still potentially be charged with a DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.

Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact an attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward.

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