In February, President Obama and attorney general, Eric Holder, announced that they considered Defense of Marriage Act, DOMA, unconstitutional and would no longer defend it in court. While the law is still on the books, the Justice Department will no longer defend the provisions of Section 3 and will leave that up to lawyers for Congress. DOMA refers to the exclusive federal recognition of marriages between men and women. In a recent turn of events, Bankruptcy Judges around the country are making landmark decisions regarding the rights of same sex couples in Bankruptcy Court.

In response to the bankruptcy case of legally married same-sex couple Gene Douglas Balas and Carlos A. Morales, 20 Bankruptcy Judges from the U.S. Bankruptcy Court in Los Angeles, signed a declaration that proclaimed Defense Of Marriage Act, to be in violation of the U.S. Constitution’s Fifth Amendment.

Judge Thomas B. Donovan of the United States Bankruptcy Court for the Central District of California wrote the following: “In this court’s judgment, no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple".

Continue reading "Bankruptcy Judges take giant step for rights of same-sex couples" »

The late reclusive heiress, Huguette M. Clark's will is causing quite a stir after recently being filed in New York City's Surrogate's Court. The will essentially cut all of Ms. Clark's relatives out of the loop and left $1 million to her financial advisers, $30 million to her nurse, and the vast majority to charity. The court battle over this enormous estate has only just begun.

Ms. Clark was the daughter of mining tycoon, and former, US Senator, William Andrews Clark. She was the only child of her father's second marriage. Ms. Clark was married once in the 1920's for a brief period and did not have any children. She lived with her mother until she died in 1963.

According to published reports, she had very limited contact with family since 2005. On May 24, she passed away at age 104, having lived in a Manhattan Hospital room for the past two decades under an assumed name. It is very sad when someone with so much passes away in this manner without the comfort of family and friends. Her advisers claim that it was Ms, Clark's wishes to remain reclusive after the 9/11 attacks.

The Manhattan District Attorney's Elder Abuse Unit has a criminal investigation in progress looking into Clark's financial affairs and her advisers, attorney Wallace Bock and accountant, Irving H. Kamsler.

There is also a undertone of elder abuse in this case. Three Clark family members tried to petition the court in New York to assign a guardian to protect Ms. Clark, back in September 2010. The relatives were allegedly blocked from visiting Ms. Clark over the years, asserting that the attorney and accountant were to blame. Unfortunately for the relatives, the judge rejected the petition and ruled against them, citing lack of evidence.

Since the will, has so many glaring issues, it seems likely that it will be contested. The beneficiary of the estate, which happens to be the attorney, is under criminal investigation by the Manhattan District Attorney.

The Huguette Clark story will yield Trusts and Estates case studies for years to come. Questions such as what is the recourse for family members when a wealthy elderly relative changes the will later in life, cuts family ties, and names a questionable administrator of the estate? What are the proper steps to secure guardianship of an elderly or disabled relative? What should they do if they suspect the administrator of the estate is misusing estate funds? and many more.

As a Florida Probate, Trusts and Estates law firm, we will this case and share developments on the Law Planet Blog. We encourage families to openly discuss their estates, trusts, and wills. If they have questions or concerns that need to be addressed regarding Florida Estate laws, they should to seek the counsel of an experienced and qualified Florida Probate, Trusts and Estates Lawyer.

For many many years, lawyers and Judges have cited to archaic decisions disfavoring rotating custody. Arguments that it would be in the best interest of the children for their parents to have equal custody time were ignored or rejected under these old decisions. Many of these decisions were premised on the old notion that mothers were the better parent to raise children.

Well, that line of cases is no more!

The Fourth District Court Of Appeal has recently issued an opinion in the dissolution of marriage case, Mudafort v. Lee, indicating that the Florida Legislature's recent statutory changes to Florida's custody laws mandates reversal of this old-fashioned thinking.

Florida Statute 61.13 now indicates "There is no presumption for or against… any specific time-sharing schedule when creating or modifying the parenting plan of the child." This important ruling now gives parents a clear and concise opinion that rotating custody must be considered along with any other proposed plans.

Continue reading "Rotating Custody or Timesharing is Now Alive in Florida" »

JP Morgan Chase made headlines today with notice of dropping several credit card debt-collection laws nationwide per a WSJ article.

JP Morgan declined to give a reason as to why they are dropping the suits at this time. The list of states involved in the credit card cases are short, and yes, Florida made the list. The state list also included: California, Illinois, New Jersey, and New York.

As of March 31, there was an outstanding balance of $45.9 billion in credit cards due to JP Morgan. This included —current and delinquent accounts—for the states listed. JP Morgan is seeking an average of around $1,000 per lawsuit, per the WSJ.

CNN Money Reporter, Colin Barr, took the words right out of my mind in the article - JPMorgan's plastic explosives - Do we have credit card robo-signing scandal on our hands? For the sake of the already overburdened courts, let's hope not.

Continue reading "JP Morgan Chase drops several credit card lawsuits nationwide" »

HBO has been airing a made for HBO movie entitled “Too Big to Fail”. The film has an A list cast and was written by Andrew Sorkin. The story line revolves around the failure of Lehman Brothers and the bailout of AIG.

The film details the history and ultimate failure of “default swaps” and the carving up and repackaging of mortgage bundles. The government stepped in. The Treasury Department and the Chief of the Fed orchestrated a deal with the major banks to accept TARP funding to perpetuate increased consumer credit. However, the government had no way to ensure the banks would use the funds in the way they were intended.

Sadly, the banks did not use the funds as envisioned and instead ramped up their legal coffers to begin a huge onslaught of foreclosures. Now, several years later, we are all feeling the impact of this ill fated idea. The courts are clogged, unethical law firms are employing robo-signers to perpetuate bad documents and fraudulent Florida Foreclosure filings.

Continue reading "HBO Series - Too Big To Fail - TARP'S Role in the Foreclosure Crisis" »

An amicable dissolution of marriage is the most preferred type of divorce case that a Florida Family Law Attorney likes to handle. Civilized divorces are devoid of drama, property wrangling or messy custody fights. They do not include frantic phone calls after hours and emergency hearings in family court. However, amicable divorces are not the norm when children are involved, issues of infidelity or other relationship deal breakers are involved.

Divorce parties, believe it or not, are becoming popular. The parties are intimate events that come with embossed invitations, a nice meal and live entertainment. The couple usually hosts the event together and displays that -- all marital differences aside -- they are committed to remaining friends. One nice thing, for guests is that no gifts are required.

Celebrities have started doing it. A recent example involves Rocker Jack White and Karen Elson. They released a joint statement, with wording so cute and clever and a stellar announcement, that it rivals an engagement announcement. They invited friends and family to celebrate their 6th anniversary and their upcoming divorce. Brilliant!!!

Continue reading "Divorce Party - Is this a new trend? " »

Congress has changed the ADA again. Have you previously been sued for Title III violations because your property or business was allegedly inaccessible? Have you been the victim of drive-by litigation filed by professional plaintiffs? Get ready for round two!

Despite having multiple opportunities to fix the inherent problems of attorney fee driven litigation, Congress has yet to solve the problem. The latest fiasco/attempt has resulted in new and additional obligations on the part of property or business owners and still does nothing to stem the tide of these frivolous lawsuits.

Changes to the standards used by governments and Judges, to evaluate ADA accessibility, have been made. Several of these standards now oblige property owners or business owners to make additional changes or face litigation. For small businesses, this is a disaster. Changes made as a result of a prior fee driven lawsuit cannot be used as a defense to a lawsuit claiming violation of new standards. This changed law gives these groups new reasons to file lawsuits against previously sued business owners or property owners.

Continue reading "The ADA is Changing Again, Are You Ready For Another Round of Lawsuits?" »

One minute you’re on top of the world. The next, you’re being swept aside. It would be easy for one of America’s top real estate agents to feel that way. John McMonigle’s tale is a true rags-to-riches success story, but so far he hasn’t achieved a fairy-tale ending.

For two decades, McMonigle has been the top real estate agent in Orange County, Florida. He lived in a mansion, drove an expensive car, and appeared to have everything going for him. Now he’s declaring bankruptcy.

The Realtor is not alone. So far in in 2011, 40,291 Florida Bankruptcies have been filed already in the courts. Shockingly, the Florida bankruptcy numbers are not the worst in the nation. Consider California, where 16% of all filings in the nation have been made this year. Florida bankruptcies are 7% of the nation’s total, while Michigan is close behind with 6%. If you look at the numbers another way, they still seem quite high. Nevada has the most filings per capita, with Georgia and Tennessee bringing in the second and third spots.

Continue reading "Bankruptcy and a Former Number One Real Estate Agent" »

As a Florida Family Law Attorney, I'm always amazed to receive calls from people months or years after getting a divorce who have forgotten to finish wrapping up the loose ends. A recent Supreme Court of Florida decision illustrates one of these problems. Crawford vs. Barker, a June 9, 2011 opinion deals with a fight between a new wife and ex-wife.

Getting a divorce doesn't mean any life insurance beneficiary designations are automatically revoked or changed! The opinion quotes several examples involving significant life insurance monies being at stake because the now deceased ex spouse forgot or failed to change the life insurance beneficiary designation.

Disabled workers have a new sense of hope for improved workplace conditions. As of May 24, 2011, legislation was passed, establishing a new set of ADA laws on the books. The new ADA regulations have the power to protect your employment in uncertain times. Brought by the

EEOC, these updated laws revise the Americans with Disabilities Act and prevent loopholes and discrimination against disabled individuals.

Have you noticed anything different at work? If not, the failure of your employer to make acceptable workplace accommodations may be in violation of the new law. A significant aspect of this new and improved Americans with Disabilities Act is the mandate to construe the ADA broadly and to do away with any questioning of claimed disabilities.

Under the prior law. the EEOC did not protect workers whose employers questioned them outright about the validity of their disabilities. It was up to the worker to submit proof of their conditions. Mental illnesses including temporary and long-term conditions are addressed; in addition, impairments that are considered to be in remission still qualify as protected disabilities.

Continue reading "New ADA Laws and EEOC" »

As a Florida family law attorney, I am frequently approached by recipients of child support or alimony who complain that they are not getting their money. A recent study on Understanding and Managing Child Support Debt estimated there is over $1 billion in alimony or child support owed at any given time. Many times recipients will simply give up and consider it noncollectable. DON'T DO THAT!

Recent court decisions indicate that deadbeats can be forced to sell their property. Even collection against the Florida homestead protected property/home can occur. Under Florida family law, there is also a little-known method of having personal injury proceeds liened before the money is received or spent. Even trusts with spendthrift provisions are not exempt from successful support collection efforts.

In previous cases, we have successfully obtained court rulings requiring homeowners to sell their homestead protected property in order to pay off outstanding child support and alimony arrearages. This should provide a sense of hope for parents battling over child support from a payor spouse that owns a home.

If the payor spouse is in an auto accident, an order can be entered liening the personal injury settlement proceeds before they're even offered! Don't give up! If you have a Florida family law dispute, keep the faith. Call a Florida Family Law Attorney to discuss your legal matter.

When it comes to retirement savings, most people would agree that it is a complicated and stressful issue. To help prepare, individuals around the country rely on a pension plan to help guarantee their long term savings. With so much riding on such policies, plan holders need to be fully aware of their policies and stay fully apprised as to the significant legal changes regarding retirement coverage.

CIGNA Corporation v. Amara (09-804) is a civil case that was appealed to the Supreme Court. The case stems from CIGNA employees bringing a suit against their employer for changes made to their ERISA (Employee Retirement Income Security Act) plan. The company notified employees of the change via the company newsletter, which suggested that the changes would lead to greater benefits to employees. After reviewing the details of the policy change, employees contended that such improvement did not exist and took their objections to court. The case was originally heard in a district court, which sided with Amara et. al., and after CIGNA appealed the ruling, the Supreme Court heard the case as well.

Continue reading "Supreme Court Rules on Important ERISA Case" »