Law Talk

Not long ago credit cards were used only for major purchases such as appliances, furniture and medical expenses.  Credit cards have become a normal way of life and if used properly can be powerful tools in your wallet.

Credit cards play a major role in determining buying power through credit reports.  The higher the credit score the better.  You can achieve and maintain a good credit score by believing your card is a short-term loan. It should be paid on time (also saves money in interest in late fees) and in full at the end of the billing cycle.  If that is not possible be sure to pay more than the monthly minimum.

Resist the urge to say yes to credit cards offered at retail stores.  While you will receive a 20% discount right then and there, the card may not be a necessity.  Every open credit card is listed on your credit report and having too many cards, with or without a balance, could show you are overextending your credit.  However, do not cancel a credit card.  If you are no longer going to use it, simply shred the card.  The length of credit history is a factor used in credit scoring.

Apply for and use credit cards with a low annual interest rate.  Some lenders offer an introductory interest rate.  Be sure to ask how long the interest lasts and what the new interest rate will be.  If it is a major hike, you might want to pass.  Lenders also partner with other companies to offer rewards for using the card.  This is a great opportunity to earn airline miles, cash towards paying the monthly payment, and other gift cards.    It could be beneficial to use these cards even if there is a higher interest rate.

The bottom line is to take the time to research the program and always read the fine print before applying for a credit card.  There are times when financial problems arise from the loss of a job, death of a spouse, divorce, or not spending money wisely.  Assistance is available to find a path to debt relief and asset protection.

Ronald A. Luzim first learns and understands the unique needs of each client and then offers personal service for each case. He is a former estate and tax attorney with the IRS, has been practicing law since 1974, and specializes not only in asset protection and bankruptcy but also in probate and real estate matters. Ronald is a Coral Springs probate lawyer, Coral Springs bankruptcy lawyer, and Coral Springs family and divorce lawyer. In addition, as a practicing state-certified family and civil mediator for over 25 years, Ronald brings experience, expertise, and empathy to your legal matter.  Please contact his Coral Springs office at 954 755 1500 for assistance in protecting yourself, your family, and your property.

There is no substitute for experience.

Eight months have passed since Florida lifted its ban on gay marriage but changes have not been made to birth certificates issued by The Florida Department of Health. Florida birth certificates are gender-specific, “mother and husband” rather than the option of “parents”. This means that children born to these couples do not have the same rights as those born to hetero-sexual parents.
To date, three gay couples have filed lawsuits against the Florida Bureau of Statistics claiming the State is issuing “a certificate that falsely indicates that the child has only one parent.” The Florida Department of Health has responded with a request for clarification from a judge if the ruling from the Supreme Court to lift the ban of gay marriages applies to change to vital statistics records.
By naming both parents on the birth certificate gives each parent legal rights and responsibilities to children listed below:
• Governmental benefits – Social Security survivorship benefits, government pension
• Consent to medical and dental care
• Decision making for education, religious training, and legal matters
• Visitation
• Child support
• Citizenship

Whether parents are heterosexual, same-sex, married, or unmarried, it is important for both parents to be listed on the birth certificate. Doing so at birth immediately provides the child with benefits especially in the case of parental death. If adding the father to the birth certificate after birth, the father will have to submit to a paternity test, pay fees associated with the test and legal fees if necessary, fees to file for an amended birth certificate, and cost for copies of the amended birth certificate.

Ronald A. Luzim understands that each situation is different. He first learns and understands the unique needs of each client and then offers personal service appropriate to each case. He is a former estate and tax attorney with the IRS, has been practicing law since 1974, and specializes not only in estate planning and real estate but also is a Coral Springs family lawyer, Coral Springs probate lawyer, and Coral Springs bankruptcy lawyer. In addition as a practicing state-certified mediator, Ronald brings experience, expertise, and empathy to your legal matter. Please contact his Coral Springs office at 954-755-1500 for assistance in protecting yourself, your family, and your property.
There is no substitute for experience.

[caption id="attachment_486" align="alignleft" width="199"] Photo by Photostock[/caption]

Florida is home to millions of grandparents but most of them do not have legal visitation rights of their grandchildren.  However, Governor Rick Scott recently signed legislature to expand grandparent visitation to a specific group of children, those whose parents are both deceased, missing or in a persistent vegetative state or if one of the parents falls into one of these categories and the other is a convicted felon.  It only applies if the children reside in Florida so if the children move or relocate out of the state of Florida grandparents are no longer protected under Florida law. Otherwise the State of Florida believes that parents have the right to determine who visits their children regardless of the relationship with the child.  This is heartbreaking to grandparents whose grandchildren may have lived under their roof since infancy but did not have legal custody of the child.  Many feel they have to walk on egg shells to prevent retaliation from the surviving parent.

Grandparents are able to petition the court for custody if the family home is deemed unsafe and parents are declared unfit as this kind of grandparent/extended family care has become a greater concern and need in Florida, especially with the growing population of grandparents residing in the state.

In all cases, the courts will decide on visitation and custody cases based on the best interest of the child.  This includes the willingness of the grandparents to encourage a relationship between the child and parents, the quality and length of relationship between the grandparent and child and the mental and physical health of the child and grandparent.

Every grandparent visitation case in Florida is unique and consulting an experienced family law attorney is a great first step.  Ronald A. Luzim first learns and understands the unique needs of each client and then offers personal service appropriate to each case.  He is a former estate and tax attorney with the IRS, has been practicing law since 1974 and specializes not only in estate planning and real estate but also is a Coral Springs family lawyer, Coral Springs probate lawyer and Coral Springs bankruptcy lawyer. In addition as a practicing state certified mediator, Ronald brings experience, expertise and empathy to your legal matter. Please contact Broward Lawyer office at 954-755-1500 for assistance in protecting yourself, family and property.

There is no substitute for experience.

The Supreme Court has ruled that all couples have the right to wed in the United States.  The United States becomes the 21^st country to legalize same-sex marriages nationwide.  This landmark decision provides married same sex couples with the same rights, benefits and responsibilities as opposite sex (traditional) married couples. The following are just a few examples of what all spouses are entitled to:

• Social Security from a deceased spouse
• Health insurance coverage
• Military benefits
• Filing of a joint tax return
• Estate tax and estate planning benefits
• Step-parent rights for adoption
• Acknowledgment of marriage in other states
• Divorce and terminate their legal relationship

While this is a great step in moving forward, there are several hurdles to overcome.  Not all county clerk offices are willing to issue marriage licenses to same-sex couples.  In fact a county clerk in Kentucky has proposed a state law allowing people to purchase marriage licenses on-line so he does not have to personally issue the license.  It would be treated similarly to purchasing a hunting or fishing license.

Same sex couples may face termination of employment and refusal of housing based upon sexual orientation and other discriminatory practices as to their new relationship until this new law becomes embedded into society. The debate of the legitimacy of same sex marriages versus beliefs of traditional religious doctrines to the contrary will be an on-going dialogue in the public forum for many years to come.

Same-sex couples previously had to prepare for emergencies as if they were not married.  Family and estate planning was essential in ensuring their wishes to be carried out.  Now that they have the same protections, it is important to review all family and estate planning documents.

Each couples’ situation varies and consulting an experienced family law and/or an estate planning and asset protection attorney is a great place to start. Ronald A. Luzim first learns and understands the unique needs of each client and then offers personal service appropriate to each case.  He is a former estate and tax attorney with the IRS, has been practicing law since 1974 and specializes not only in estate planning and real estate but also is a Coral Springs family lawyer, Coral Springs probate lawyer and Coral Springs bankruptcy lawyer. In addition as a practicing state certified mediator, Ronald brings experience, expertise and empathy to your legal matter. Please contact Broward Lawyer office at 954-755-1500 for assistance in protecting yourself, family and property.

There is no substitute for experience.

Credit scores are used for more than just approval for mortgages loans.  A poor credit score may affect the deposit amount for cell phone service, utilities and insurance policies. Maintaining a good credit score by paying bills on-time, eliminating unused credit cards and keep credit card balances to a minimum is a must.  However, changes to how credit activity is reported are coming to 31 states including Florida.

This new program, National Consumer Assistance Plan, was a deal reached on March 9, 2015 between the 31 states and all three credit reporting agencies, Experian, Equifax and Transunion.  Under the new plan, credit reporting mistakes will be corrected in a shorter amount of time.  Currently it can take months to fix along with follow up by the consumer.  The plan also extends the reporting time for reporting a medical allowing more time for the consumer to work with their insurance company to get the claim paid.  Other changes include:

• Improve tracking of reporting mistakes and provide the data to companies (collection agencies, banks, department stores) that furnished the information in order to prevent future errors.
• Create a better process for complicated disputes such as identity fraud, theft or mix-ups with people with the same name.
• Consumers will be able to receive an extra credit report in the case of a disputed claim that changes their credit report. Currently consumers can receive one free credit report from each reporting agency annually.
• Debts incurred without a contract will no longer be reported. This includes traffic tickets and government fines.
• Consumers will be provided with information and further options if they are not satisfied with the outcome of a dispute.

We know that Life happens and personal and financial situations change; whether due to unemployment, divorce, death and other emotional and unexpected events.   Know that assistance is available to determine the most effective path to debt relief and to protect your assets Ronald A. Luzim learns and understands the unique needs of each client and offers personal service for each case.  He is a former estate and tax attorney with the IRS has been practicing law since 1974 and specializes not only in estate planning and real estate but also is a Coral Springs probate lawyer, Coral Springs bankruptcy lawyer and Coral Springs family lawyer. In addition as a practicing state certified mediator, Ronald brings experience, expertise and empathy to your legal matter. Please contact Broward Lawyer office at 954-755-1500 for assistance in protecting yourself, family and property.

There is no substitute for experience.

[caption id="attachment_468" align="alignleft" width="150"] Photo Courtesy of Mortgage Wholesale[/caption]

More goes into buying a new home than hiring a realtor, finding a property, making an offer and moving in.  One of the most important steps in the home buying process is a title search.  A real estate title is a document that states who has legal ownership of a property.  Once a sales contract has been accepted, a title search is performed to determine if the there are any problems with property ownership.  Seems pretty straight forward but title searches bring to light liens, past ownership claims and human errors.  These issues need to be corrected prior to the sale of the property.

However, sometimes title issues arise after the sale of the property and can leave the new homeowner in a bind.  Title insurance protects the property based on the limits of the insurance policy.  The policy is purchased at closing and is effective throughout the duration of ownership.  A new policy will be issued for the next owner.  Some examples of title issues include:

• Illegal or forged deeds – prior titles that included false information or fabricated documents
• Liens are a claim that creditors place against a property in order to receive payment from an owner. Common liens are for unpaid construction or contractor services or unpaid taxes.
• Survey disputes – a survey of the property is performed before the sale of a property but it is possible for different surveys to exist showing differences in property lines and ownership.
• Newly discovered will/missing heirs– states can sell a property if there is no will or apparent heir at the time of death. However, a will or heir can come forward at a future date to try to claim the property.
• Errors can occur when reporting titles into public records.

If a title claim occurs, the property becomes clouded and generally not able to be sold, transferred or encumbered until the claim is resolved and the cloud on the title is cleared.

Home buyers can hire a real estate attorney to protect themselves throughout the home buying process.  The attorney will review the terms of the sale prior to signing the contract, the title and ensure that all steps in the closing are in the best interest of their client.

Ronald A. Luzim learns and understands the unique needs of each client and offers personal service for each case.  He is a former estate and tax attorney with the IRS has been practicing law since 1974 and specializes not only in estate planning and real estate but also is a Coral Springs probate lawyer, Coral Springs bankruptcy lawyer and Coral Springs family lawyer. In addition as a practicing state certified mediator, Ronald brings experience, expertise and empathy to your legal matter. Please contact Broward Lawyer office at 954-755-1500 for assistance in protecting yourself, family and property.

There is no substitute for experience.

Did you know that credit scores are not just used to approve a loan or credit card application.  Utility companies, cell and home phone services, private student loans, home and auto insurance and rental properties use credit reports to determine the amount of a security deposit required.  The security company ADT is now using software to filter out customers who may not be able to pay their bills.

A credit score of 720 is considered good.  Lenders may use their own guidelines in determining what is considered good so maintaining a high credit score is important.  There is no sure fire way to improve and maintain your credit score but the following will definintley help in building credit.

• Pay bills on time – use an accounting software with reminders or setup automatic payment so there are no missed due dates.
• Keep credit card balances low – refrain from “maxing” out a credit card or reaching the credit limit. Try paying off the full balance each month.
• Apply for needed credit only – lenders may think your financial situation as changed if you have many credit cards with open balances which lowers the chance of approval.
• Cancel credit cards – consider cards that have a high interest rate or annual fees. Simply cutting up cards is not sufficient.  Call the credit card company to confirm a zero balance, request cancellation and write a letter for good measure.
• Credit history – the past dictates the future. The longer you have good credit the higher the credit score.

Monitor your credit score frequently.  Many credit card companies provide free credit scores and also track credit history.  All three credit reporting agencies provide free credit reports annually.  Simply follow the instructions on their websites – Equifax, Transunion and Experian.  Credit reports will also show if you have been a victim of fraud or if a lender made a reporting error to the reporting agency.

We know that life happens and personal and financial situations change; whether due to unemployment, divorce, death and other emotional and unexpected events.   Know that assistance is available to determine the most effective path to debt relief and to protect your assets.  Ronald A. Luzim learns and understands the unique needs of each client and offers personal service for each case.  He is a former estate and tax attorney with the IRS has been practicing law since 1974 and specializes not only in estate planning but real estate, family law, asset protection and bankruptcy.   In addition as a practicing state certified mediator, Ronald brings experience, expertise and empathy to your legal matter. Please contact Broward Lawyer office at 954-755-1500 for assistance in protecting yourself, family and property.

There is no substitute for experience.