Author: WB Admin

How Does Domestic Violence Impact Child Custody Decisions in Florida?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday November 20th, 2024.

Child custody cases are often challenging, but the presence of domestic violence adds a layer of complexity that cannot be overlooked. Florida courts prioritize the safety and well-being of children above all else, and accusations or evidence of domestic violence heavily influence custody decisions. 

The Role of Domestic Violence in Custody Decisions

Domestic violence in Florida is defined broadly to include physical violence, emotional abuse, sexual assault, stalking, and other harmful behaviors. Family courts recognize the devastating effects these actions can have on children, even if they are not directly involved. Witnessing violence can harm a child’s emotional health and increase their risk of future behavioral issues.

To protect children, Florida law presumes that shared custody is ideal unless it would endanger the child. When one parent has a history of domestic violence, the courts are likely to limit their custody rights. Judges assess whether granting custody or visitation to the accused parent would jeopardize the child’s physical, emotional, or psychological well-being.

Factors Judges Consider in Cases Involving Domestic Violence

Judges evaluate several factors when domestic violence is a concern, including:

  • Severity and History of Violence: The frequency and seriousness of the abusive behavior play a critical role. Evidence such as police reports, restraining orders, or witness testimonies is often reviewed.
  • Impact on the Parent-Child Relationship: Judges examine how violence has affected the child’s emotional connection with each parent.
  • Willingness to Change: Courts may consider whether the abusive parent has taken steps to address their behavior, such as attending counseling.
  • Protective Measures: In cases where contact is allowed, supervised visitation may be required to ensure the child’s safety.

Protective Actions Parents Can Take

If domestic violence is part of your custody case, it is important to act. Victims can seek restraining orders, officially known as injunctions for protection, to keep abusers away. Courts may also develop detailed parenting plans to reduce risks, including supervised visitation or structured exchanges of the child.

Putting the Child First

If you are facing such a situation in Florida, understanding your rights and the legal processes is vital. For guidance tailored to your case, contact Wickersham & Bowers for personalized legal support.

How Can Estate Planning Help Protect a Family-Owned Business Across Generations?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday November 20th, 2024.

Running a family-owned business is no small task. It takes years of effort, dedication, and smart decisions to build something that stands the test of time. However, what happens when it is time to hand the reins to the next generation? Without proper planning, your business could face unnecessary taxes, disputes among family members, or even failure.

Why Estate Planning Is Essential

In Florida, family businesses are a huge part of the economy, but passing them on can be tricky. Without a clear plan, things like taxes and disagreements can tear apart years of hard work.

With a proper estate plan, you can:

  • Reduce Taxes: Using tools like trusts and gifting strategies can lower the tax burden on your heirs.
  • Prevent Disputes: Estate plans clarify ownership and management roles, which reduces confusion and arguments.
  • Keep the Business Running: A well-thought-out succession plan ensures your business stays operational during transitions.

Practical Ways to Protect Your Family Business

1. Have a Strong Succession Plan

Planning for who will run the business is one of the most important steps. You should identify who will take over, whether it is a family member or someone else, and prepare them for the role. 

For families, this can mean separating management responsibilities from ownership. For example, heirs who are not involved in running the business could receive nonvoting shares, while active members manage day-to-day operations.

2. Use Legal Tools to Your Advantage

Trusts are incredibly useful in estate planning. Options like Grantor Retained Annuity Trusts (GRATs) allow you to transfer the business while keeping an income stream for a set period. Intentionally Defective Grantor Trusts (IDGTs) are another option that provides tax advantages while maintaining control of the business during the trust term. These tools also help protect your assets from creditors.

3. Get Expert Advice

Estate planning can be complicated, especially for businesses in Florida. This is why it is a good idea to work with professionals, such as attorneys, tax advisors, and financial planners. Their knowledge ensures your plan follows the law and makes the most of your financial opportunities.

Do not leave your family business’s future to chance. Contact Wickersham & Bowers today and take the first step toward securing your legacy.

How Divorce Can Impact Your Estate Plan

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday October 21st, 2024.

Going through a divorce can be challenging, and it is easy to overlook some of the less obvious things, such as your estate plan. After a divorce, there are often many loose ends, and if you do not update your estate planning documents, you could run into problems later on. Your will, trust, and even power of attorney can be affected. Let’s look at how you can make sure your plan reflects your new life situation.

Your Will and Trust Will Need Changes

One of the biggest changes that happens after a divorce is how your will and revocable trust are handled. Under Florida law, any part of your will that leaves something to your ex-spouse becomes invalid after the divorce unless you specifically state otherwise. This is important to know because if you do not update your will, the state may have to be involved in distributing those assets.

Similarly, if you had your ex-spouse listed as a beneficiary in your revocable trust, Florida law will treat it as though they predeceased you, meaning they no longer have a claim. If you do not update this, your trust might not distribute your assets the way you intend.

Update Your Beneficiary Designations

Do not forget about your beneficiary designations either. These are the people you have named to receive your life insurance policy or retirement accounts. After a divorce, Florida law automatically cancels your ex-spouse as the beneficiary unless you make it clear that you still want them to receive these assets. If you do not update these designations, the assets might end up being distributed by the state.

Power of Attorney and Health Care Decisions

If your ex-spouse was named as your power of attorney or health care surrogate, you will need to change that, too. In Florida, once you file for divorce, your ex-spouse’s authority as your power of attorney is revoked automatically. The same goes for health care decisions. It is a good idea to name someone else so that your ex is not the one making decisions for you if you become incapacitated.

Take the Next Steps

After a divorce, you must ensure your estate plan reflects your new reality. If you are unsure where to start or if you need help making these changes, reach out to Wickersham & Bowers. We can guide you through the process and ensure your estate plan reflects your wishes.

Estate Planning for Blended Families: Avoiding Common Pitfalls

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday October 21st, 2024.

Blended families are common today. However, they bring unique challenges, especially when it comes to estate planning. When you or your spouse have children from a previous relationship, making sure everyone is cared for takes some careful planning. It can get complicated, but it is definitely doable if you take the right steps.

How Florida’s Inheritance Laws Impact Blended Families

In Florida, if you pass away without a will, your estate could be divided in ways you did not expect. By law, your spouse might get half of your assets while your children get the other half. This could cause problems, especially if there are stepchildren in the picture who are not automatically included. To avoid these kinds of conflicts, you should consider having a clear estate plan in place.

Why a Simple Will Is Not Enough

Many people think a simple will is enough, but for blended families, it often is not. If you leave everything to your spouse, your children might miss out in the future, especially if your spouse remarries. A trust can help solve this problem. With a trust, you can make sure your spouse is provided for during their lifetime while also guaranteeing that your children receive their inheritance when the time comes​.

The Importance of Beneficiary Designations

Beneficiary designations are also very important in blended families. These apply to life insurance policies and retirement accounts, and they make sure that the right people get your assets. Keep in mind that you should regularly update these designations, especially after major life events like getting remarried or having more children. 

Addressing Family Tensions

Blended families can sometimes face tension when it comes to estate planning. It is important to talk openly with your family about your wishes so that everyone understands your plan. This can help prevent arguments later. In some cases, it is helpful to involve a mediator or a legal professional in the process.

Protect Your Family’s Future

Planning your estate in a blended family can be challenging, but it is necessary to ensure that your spouse and children are both taken care of. Make sure to use trusts, update beneficiary designations, and communicate clearly with your loved ones. If you need help, Wickersham & Bowers is here to guide you through the process.

Changes to Florida Alimony Laws: What You Need to Know

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 23rd, 2024.

In 2023, Florida made some big changes to its alimony laws, which now impact many people going through a divorce. The passing of Senate Bill 1416 introduced new rules, including getting rid of permanent alimony. This update is important because it changes how alimony is awarded and calculated in the state. Here is what you should know about these new rules.

Permanent Alimony Is Eliminated

One of the most significant changes is the elimination of permanent alimony. In the past, a spouse could be awarded permanent support that lasted indefinitely, often until death or remarriage. Under CS/SB 1416, this option no longer exists. With this shift, Florida aligns with the growing trend across the country to move away from lifelong support.

The Four Types of Alimony in Florida

Although permanent alimony is no longer an option, Florida still recognizes four other types of alimony, depending on the needs and circumstances of the divorcing couple:

  1. Temporary Alimony: This is awarded during the divorce proceedings to help cover immediate financial needs until the divorce is finalized.
  2. Durational Alimony: Durational alimony provides support for a specific period, usually for marriages of moderate length. It is limited to 75% of the marriage’s length. For example, if a couple was married for ten years, the support can last for up to 7.5 years.
  3. Bridge-the-Gap Alimony: This is capped at two years and is meant to assist with short-term needs, such as transitioning to a new home or lifestyle.
  4. Rehabilitative Alimony: This type of alimony is capped at five years and is designed to help a spouse gain education or job training to become independent.

Stricter Alimony Guidelines

Another key change is the introduction of stricter guidelines for alimony calculations. Under the new law, alimony payments cannot exceed 35% of the difference in net income between the two spouses. 

Contact Us for Guidance

Florida’s new alimony laws are intended to create a fairer system. However, the changes may also create challenges depending on your situation. At Wickersham & Bowers, we are here to help you navigate these updates and make sure your rights are protected. Contact us today for guidance and support with your divorce proceedings.

How to Create a Valid Power of Attorney in Florida

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday September 23rd, 2024.

A Power of Attorney (POA) refers to a document that legally allows someone else the right to make decisions on your behalf. A POA can be crucial if you need someone to handle your finances or healthcare decisions. Also, with a POA, you can ensure that your wishes are followed in case you are incapacitated. 

Types of Power of Attorney in Florida

Florida recognizes several types of POAs, each serving different purposes:

  • General Power of Attorney: This type allows someone (called the agent) to manage your financial matters. They can pay bills, manage accounts, or handle business transactions.
  • Durable Power of Attorney: For a durable POA to be effective in Florida, the document must clearly state, “This durable power of attorney is not terminated by the principal’s incapacity.”
  • Healthcare Surrogate: In Florida, the healthcare version of a POA is called a “Designation of Health Care Surrogate.” This document allows your agent to make medical decisions for you if you cannot make them yourself.

Key Requirements for a Valid POA

To ensure that your POA is valid in Florida, it must meet several specific requirements, including: 

  1. You and your agent must be at least 18 years old and of sound mind. 
  2. Florida law also requires that the POA be signed by you (the principal) in front of two witnesses and notarized.

You should choose your witnesses carefully. They should be “disinterested,” meaning they are not family members, agents, or people who stand to inherit from your estate. 

How to Create Your POA

  1. Draft Your Document: You can create a POA using an attorney, estate planning software, or by downloading a template. Make sure the document clearly outlines the agent’s powers and responsibilities.
  2. Sign in the Presence of Witnesses: You, your witnesses, and a notary must be present to sign the POA. If you are unable to sign the document yourself, the notary may do it for you.
  3. Store the Document Safely: Keep the original document in a safe place and let your agent know where it is. You should also give copies to any relevant parties, like healthcare providers or financial institutions.

Get Personalized Guidance

Creating a valid Power of Attorney in Florida can be straightforward if you follow the correct steps. At Wickersham & Bowers, we are here to help you navigate the process and ensure everything is done correctly. Contact us today for personalized assistance with your estate planning needs.

Contact The Law Office of

Wickersham & Bowers

    Let's Talk
    About Your Legal Matter

    Contact Us