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Cape Coral Legal Blog

Many life changes can impact your will

Growing older can lead to many life changes, and many of them have significant implications that may surprise you. We tend to think of our legal and professional lives as separate from our personal lives, but when it comes to your will, this is not the case.

Your will carries a great deal of importance, both for yourself and for those you love and who love you. When it comes time to read your will and honor your wishes, contradictions or inconsistencies between your wishes and your life circumstances can lead to enormous conflict among your family and other beneficiaries.

Handling a real estate dispute

When it comes to real estate sales, various challenges may arise. For example, people may have little experience with real estate transactions, whether they are selling commercial property for the first time or have never sold residential real estate before. Moreover, these transactions can result in disagreements for a myriad of reasons, and it is pivotal to handle a real estate dispute correctly. After all. there may be much at stake and you could be significantly impacted by the outcome of such a dispute. In Cape Coral, and across the state of Florida, individuals and business owners involved in a disagreement over real estate transactions should carefully examine all their options.

When it comes to real estate transactions, there are many different reasons why disputes surface. From issues involving payments to disputes over a contract, these can be very stressful disputes for all parties involved. The outcome may have a significant impact on your company or personal life, financially and emotionally. As a result, you should try to go over your different choices and make sure that the most sensible route forward is clearly identified.

Remember to review beneficiary designations and estate plans

One of the benefits of setting up an IRA or 401(k) is the way you can designate whom shall receive its contents after you die. By filling out the beneficiary designation on various types of accounts, such as IRAs, 401(k) plans and annuities, you will state exactly whom you want to benefit from the assets. The problem is, you can't forget about them.

There have been countless cases in which an estate planner sets up a last will and testament, and mistakenly believes that whatever he or she writes in the will is more important than the information that appears on a beneficiary designation.

Deciding how your estate will be split up

Creating an estate plan can be a tough decision for a variety of reasons, and people often struggle with unique issues depending on their circumstances. For example, some may need to include children in their estate plan, while others may have no kids but a significant amount of wealth. Making decisions related to beneficiaries can be one of the most challenging aspects of estate planning. Even once you know which type of estate plan to move forward with, you may have no idea how to distribute your assets among those who are close to you.

Naming beneficiaries and figuring out how your estate will be split up can be one of the hardest parts of estate planning for a number of reasons. Aside from having a tough time deciding how to distribute assets, the decisions you make at this point could have a significant impact on your family members in different ways. For example, there could be disagreement over the way in which you have decided to split up your estate and this could even lead to a dispute. Unfortunately, some disputes have become so contentious that they have torn families apart or created a permanent rift between family members.

Getting ready for a business lawsuit

For someone who owns a business, there are times when daily life can be especially stressful. Aside from seasonal changes that are to be expected and other problems that can be foreseen, business owners also have to deal with unexpected challenges from time to time. For example, a business owner may find themselves in a tough spot after their company is taken to court unexpectedly. As a result, it is pivotal to prepare for litigation in every way and try to develop a better understanding of the approach that you will take.

There are a variety of ways in which you can prepare for a business lawsuit. First, review all of the details which surround the incident. Try to figure out whether or not certain facets of the incident(s) in question could be important to bring up in court and influence the case outcome. Moreover, make sure that you know which legal options you have and how you will handle your case. A certain amount of stress can be expected and some people become very overwhelmed during this time. However, you should try to look into stress management and find ways to lower your stress levels.

Should you fund a spendthrift trust?

If you have children and grandchildren and are drafting an estate plan, you may have run into some sticky situations. A particular problem many people face is that they have one or more beneficiaries who have proven to be financially irresponsible in the past.

It's disheartening to think that the assets you accumulated over a lifetime — or in some cases, generational wealth — could be dissipated in a short time through a beneficiary's fiscal mismanagement. Yet, some people appear incapable of competently managing their finances.

Tips for new home buyers

If you’re buying a home for the first time, you may be overwhelmed by the process. While there is an abundance of quality real estate in Florida, you want to make sure that you take the proper steps for what is bound to be the most valuable investment in your life. The following tips can help you prepare, while also allowing you to avoid any potential issues.

Bankrate recommends checking your credit score before shopping around for a mortgage. Not only will your credit history determine whether you’re approved for a loan, it will also have an impact on how much interest you’ll need to pay. If you notice any inaccuracies or errors, contact the credit bureau right away to have them removed from your record.

Remarrying? Your estate plan might get more complicated

These days, it is not uncommon to know people who are on their second, third or even fourth marriages. Divorce and remarriage have become much more typical during the last 50 years, which means that if you are working toward your second marriage, you are not crossing into uncharted territory. While getting married a second time is fairly easy, the financial and estate planning consequences could cause you a headache.

A blended family can create any number of issues when it comes to things like long-term care planning and inheritances. In other words, if you plan to remarry, you should also plan to perform an overhaul on your estate plan. Consider these things when it comes time to update your will and other estate plan documents.

When a staff member takes legal action

In a post that was recently posted on our blog, we went over some of the consequences of business lawsuits. These potential challenges should not be ignored if you are facing litigation, and there may be other unique considerations that apply to a lawsuit you are facing as a business owner. For example, one of your staff members may have decided to file suit against your company and you may have no idea of how to handle the situation. As with other business lawsuits, these cases can also have serious repercussions and it is pivotal to prepare yourself.

Employees may file suit for all sorts of reasons. Some may claim that they were wrongly terminated or sexually harassed, while others may claim that they were subjected to discrimination or experienced some type of wage violation (denied overtime, etc.). In some instances, business owners can speak directly with staff members to resolve these disputes outside of the courtroom, which is often ideal. This is not an option on the table in many instances, however, and litigation may be unavoidable. If your business is being taken to court, make sure that every detail of the alleged incident is reviewed closely.

Types of elder financial abuse: Is your loved one being hurt?

One of the dangers of growing older relates to the fact that -- even if you're financially independent -- you could become physically dependent on others for your care and daily life needs. This will leave you vulnerable to elder financial abuse.

Hopefully, as an elderly adult, you will have people around you who make your best interests their priority. And hopefully, all Americans will keep a watchful eye to ensure that their loved ones, family members and friends do not get hurt by one of the following types of elder financial abuse:

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