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Probate and Simple Will
With Thanksgiving just passing and the Christmas Holiday quickly approaching, most Floridians are preparing to spend time with family and gather together to relive old memories and catch up on lost time. Many families are faced with the uncomfortable thought of spending their last Christmas with grandparents or ill family members. It is important for every family to consider the importance of planning ahead for their relatives passing and ensuring that last wishes and health care decisions are carefully memorialized in writing.
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 probate out of apprehension of thinking about their own death.
When a person dies without a will they are said to have died intestate. The State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on bloodline and relation.
Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate. It is always better to have your intentions memorialized in an executed Will 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 Will, Probate and Estate Planning Attorney, and determine what is best for you be it a Will or Trust instrument.
If you or a loved has concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer today at 813-931-0840.
Posted in Blog, Real Estate
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Filing Bankruptcy After the Holidays
With the Holidays quickly approaching, many people are becoming mindful of the expenses related to purchasing gifts for loved ones and even splurging on deals for themselves on Black Friday. It is important to remember, especially for those in financial hardship to spend responsibly; and for people who are considering Bankruptcy it is even more important to be aware that debt accrued over the holidays may not be dischargeable through Bankruptcy.
If a creditor can prove that credit card charges over the Holidays were made fraudulently with the intent to file Bankruptcy afterward, the debt may survive the Bankruptcy. Generally, the Bankruptcy court will look to see the state of the finances when the charges were made and the nature of the purchases to determine whether Bankruptcy was imminent and the charges were made with the intent to file Bankruptcy.
Many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, it is more common than most realize and can be a refreshing solution to a debt-ridden life.
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. Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so.
The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.
It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.
No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!
Posted in Bankruptcy, Blog
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Dog Bite Florida
Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites a person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.
In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.
Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to the victim’s own actions, dog owners should be aware of their potential strict liability.
Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.
Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.
If you or a loved has been the victim of a dog attack and need legal representation; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions, call Blick Law Firm today @ (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
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Seat Belt Safety Florida
Each year, automobile and motorcycle accidents are a major cause of fatalities nationwide. As a result, it is important to employ all necessary safety measures available to avoid or reduce the risk of serious injury while operating an automobile or motorcycle.
Studies indicate that the use of a safety belt greatly reduces the chance of harm or serious injury when involved in an auto accident, especially when an automobile operator is thrown from the vehicle as a result of impact. In an effort to combat this risk and encourage the use of safety belts, Florida has mandatory safety belt requirements. In Florida:
- Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
- All passengers in the front seat must wear a seat belt.
- All passengers under 18 must wear a seat belt.
Florida also has mandatory child restraint laws that hold drivers responsible for buckling up children. Specifically, Florida law requires that children 3 years old and younger must be secured in a federally approved child-restraint seat; and children 4 through 5 years old must be secured by either a federally approved child restraint seat or safety belt.
Motorcyclists have even more safety concerns as motorcycle accidents tend to involve more serious injuries and incur a higher rate of fatalities. Additionally, with the rising costs of health care, insurance companies have begun to include exclusion clauses to insurance policies that can deny coverage for risky behavior such as motorcycling. While Florida law does not require the use of motorcycle helmets, research conducted by the National Highway Traffic Safety Administration indicates that motorcyclists without a helmet are three times more likely to suffer brain injuries, and that helmets reduce the risk of death by nearly 30 percent when involved in a motorcycle accident.
If you or a loved have been injured in an accident and you have questions or concerns about your rights to recovery, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Motorcycle Tips and Tricks, Personal Injury
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