Tag Archives: carrollwood attorney

What is a Will? And do I need one?

Posted on October 5, 2012 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 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 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. 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 probate 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 at 813-931-0840. Think quick, call Blick!

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Florida Boating Accidents

Posted on October 2, 2012 by Blick Law

Florida’s waterways are amenities of the state that bring family and friends together in a perennially sunny climate. However, the abundance of waterway use in Florida coupled with a variety of water recreational activities can lead to serious incidents of personal injury.

Boating accidents are extremely dangerous and can lead to severe injuries, and even death. With close to a million vessels registered in the state, Florida leads the nation in the number of vessels, and, as a negative consequence has the highest number of boating fatalities annually. According to the Florida Fish and Wildlife Commission, there were 742 reportable boating accidents and 67 boating related fatalities in 2011. Many of these deaths were caused by victims falling overboard and drowning, and a large number of them could have been prevented if the victims had worn life jackets.

While utilizing Florida’s water resources, it is important to always employ safety measures to prevent injuries. However, in the event of an injury it is important to contact a Tampa personal injury attorney to determine your rights to recovery, and determine who may be liable for your injuries.

If you or a loved has been injured in a boating accident, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer by calling 813-931-0840. Think quick, call Blick!

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Chapter 7 Bankruptcy

Posted on September 26, 2012 by Blick Law

Chapter 7 Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

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 Bankruptcyis 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.

Chapter 7 Bankruptcy is a liquidation proceeding whereby the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash to pay off the creditors. Usually within four months the debtor then receives a discharge of all dischargeable debts. Usually, these dischargeable debts include your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.

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!

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Juvenile Crimes in Florida

Posted on September 20, 2012 by Blick Law

In Florida, persons under the age of 18 are considered minors and tried as juveniles for crimes they commit rather than as adults. The distinction in Florida, as in all states, is made to separate offenses perpetrated by those under a certain age determined as the age of majority. In certain cases, the court will still sentence a juvenile as an adult depending on the severity of the crime committed.

In contrast to the objective to punish adults for their crimes, the state seeks to rehabilitate juveniles and prevent future misconduct. With the focus of juvenile justice set on rehabilitation, the courts seek to assist minors in functioning properly in a normal adult society. However, many juveniles face strict sentences for their crimes, and often times detainment of the juvenile can last for extended periods.

Many people expect juveniles to receive a slap on the wrist for their offenses, but courts often times attempt to deliver a strong message to youths in order to enforce a positive awareness of the consequences of their decisions.

If your minor child has been arrested for a crime and you have questions or concerns about their rights, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

 

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Real Estate: IRS rule on excluding gain of home sale

Posted on September 18, 2012 by Blick Law

If you have made a capital gain from the sale of your main home, you may be eligible to exclude all or part of the gain from your income. The Internal Revenue Service issued a pamphlet, Publication 523, Selling Your Home, which provides directions, rules, and requirements for filing capital gains when selling your home. The pamphlet gives thorough instructions on how to determine whether or not you qualify for the exclusion.

The general requirements include:

  • The home sold is considered your main home – “main home” is defined in the pamphlet as the home you lived in the majority of the year whether it is a house, condo, cooperative apartment, mobile home, or houseboat.
  • You have lived in the home at least two of the past five years
  • Additionally, you are allowed to exclude up to $250,000 of the gain on the sale of your main home if you file as an individual; or up to $500,000 if filed jointly.

Generally, the income exclusion is allowed if these requirements are met unless: you have excluded the gain from a prior home within two years prior of the current sale; you only sold the land on which your main home is located, but not the house itself, or; you sold the remainder interest in your home to a related person.

If you or a loved has legal concerns regarding the sale of your home call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.

For more information regarding the IRS Publication 523 visit: www.irs.gov/pub523.

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Chapter 13 Bankruptcy

Posted on September 17, 2012 by Blick Law

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

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. 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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