Law Talk

Zombies are coming, mother-nature is unstable, Ebola is here, crime is on the rise and social media has opened up our lives for the world to read.  In other words, disasters come in different forms.  Russ Alan Price states in an October 13, 2014 Forbes Magazine article:

“Though the peril to the general public tends to be sensationalized, the pitfalls for ultra-wealthy families are very real. The sheer complexity and diversity of lifestyle and financial obligations and eroding distinctions between wealth and fame can leave the exceptionally wealthy vulnerable to geopolitical instability, market volatility, career criminals, and even unscrupulous associates.”

As he is correct that wealthy and famous people need to plan and protect themselves, average Americans, especially with children, also need to plan and take precautions.  The mindset after the Great Depression was to stash money beneath the mattress in case of an emergency.  Today’s emergencies are more complex and require more attention.

• Insurance policies – review life, disability, property and flood insurance to ensure adequate coverage is in place
• Estate documents – wills, trusts, powers of attorney, living wills, health care surrogates and medical directives. Update when needed.
• Tangible property – create a list of items in the home and include the recipient of each item.
• Savings – build a nest egg to last at least six months to take the burden off of unemployment, sickness or death of a spouse.
• Types of disasters – know what kind of mother-nature disasters occur in your area and prepare accordingly. Blizzards do not typically hit South Florida.
• Evacuation plan – locate local shelters and determine if it fits your needs (i.e., pets, children, medical).
• Emergency alerts – register for emergency alerts through local law enforcement.
• Communicate – advise friends and family of your wishes. Give them access to or provide copies of estate documents, tangible property wishes, contact information of family, friends, attorney, insurance companies, etc.

Planning and preparation before a disaster or event may not reduce the amount of damage caused but will make rebuilding and recovery much easier regardless of social status.  Whether you need to review your estate status and documents or prepare/revise trust(s) and/or a will, contact an experienced estate planning attorney.  Ronald A. Luzim, 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.  Please contact his Coral Springs office at 954-755-1500 for assistance in protecting yourself, family and property.

Small business owners network with other small business owners and find out they both need each other’s services or products but neither have the capital.  Seems natural that they would barter or trade services as bartering has been a part of our lives since the beginning of time.

Although this seems like a great opportunity there are risks which must be considered.  Carefully think about the exchange of services of products.  Investigate the other company, ask for references.  Find out if they are reliable, trustworthy, provide a good product or service and take care of their clients or customers.  If the deal does not feel right, then pass on it.

Bartering is a contract between two entities.  Get the deal in writing (email or contract).  Document the details of the exchange including services or products to be rendered, time frame, confidentiality clauses and other pertinent information.  Always advise the other side of changes to the original contract.  A good rule of thumb is consistency with communication.  For example, if the terms of the deal were agreed upon in an email then continue to use email for updates.  Keep all correspondence for future reference.

Notify the other party if you are unable to move forward with the arrangement.  Explain the reasons.  If work has not begun then it should be no harm no foul.   If it has, you may have to provide compensation for time and/or materials already used.

Always be honest, ethical and use integrity in business deals whether payment is made or an exchange has been agreed upon.  Negative actions have a tendency to come back against us in the future.  Remember the reference discussed above?

Review the IRS guidelines for reporting taxes on the services/products exchanged.  An audit is the last thing any small business owner needs.

If you are entering into a contract, barter  or any written agreement or have questions about IRS reporting contact an experienced business law and transaction attorney.  As a former accountant and attorney with the Treasury Department, Ronald A. Luzim is a proven and well experienced business law attorney.  He brings an integrative and holistic approach to his law practice. Please contact his Coral Springs office at 954-755-1500 for all your business related needs.

Domestic violence has been all over the news recently.  It occurs in every walk of life, whether rich or poor, black or white, celebrity or not.  The effects of domestic violence can last a lifetime.

It is easy to pass judgment on the victim.  How many times have we heard, “why didn’t she leave after the first time” or “she did something to deserve the abuse”.  Instead of pointing fingers, we need to understand and support the victim.  Women are not the only victims.  Men are abused too and many are too embarrassed to reach out for help.

Many times victims of domestic violence grew up in dysfunctional or abusive families and do not know another life.  Abuse seems normal to them.  Additionally, their self-esteem is so low that they believe they are not worthy of better treatment.  They are not able to see their value and continue to exist in an abusive relationship.  For these victims leaving an abuser can be compared to climbing a snowy rocky mountain with no shoes, jacket or gloves.  It is scary, painful and exposing.

It is crucial for victims, especially those with children, to get out of dangerous situations as soon as possible.  Shelters or homes that specialize in domestic violence are the safest place.  Many times our first reaction is to open our homes to a victim.  Caution is required as you or your family can become a target of the abuser.  Instead, research the best location in your area for the victim and ask about their safety plans, relationship with local police, programs to assist in getting the victim back on their feet, counseling for victim and children and assistance in bringing legal action against the abuser.  All are essential for the victim to move forward into a healthy lifestyle.

In cases that involve marriage and/or children, a knowledgeable family law attorney will be needed.  The attorney must be able to work with the victim, understand the mental, emotional and physical state they will experience throughout the process of divorce or custody/time sharing situations and have experience with Child Protective Services and other agencies that may be involved.  The end goal is to create a positive, safe life for the victim and children.

If you or anyone you know is experiencing a relationship crisis which may include domestic violence contact an experienced family law attorney who can advise and guide you through the legal system in the most supportive manner. As a state certified family and circuit civil mediator as well as a proven and experienced attorney since 1974, Ronald A. Luzim brings an integrative and holistic approach to help his clients take full advantage of the family laws to protect their rights, interests and assist in the healing process. Please contact his Coral Springs office at 954-755-1500 for all your family law related needs.

Florida is a no fault divorce state which means finding fault in the marriage is not required to obtain a divorce. The courts grant a divorce based on responses of the divorce petition.  Issues of distribution of assets, liabilities, alimony, fees, child support and time sharing still must be resolved or approved by the court. As there are presently no laws against dating during divorce, there are several factors that suggest waiting to date is a wise decision.

Couples are typically in divorce because their relationship is not working, there have been arguments, abuse or other not-so-healthy experiences that have occurred.  Try to take the opportunity to heal yourself, recognize the role you may have played in the marriage and learn the red flags to avoid the pitfalls of a similar relationship in the future.  The attention of a new person may be a great distraction but eventually you have to deal with the past.

Focus on the children or step children of the marriage.  A divorce is a disruption to the entire household and children do not have the skills to deal with the situations on their own.  They need to know the divorce is not their fault.  Listen to their fears and concerns and respond honestly and appropriately.  The other parent will always be an important person in their life so be careful how you talk about them.  Enlist the support of a therapist, teacher or guidance counselor to ease the transition.

Jealousy can drive people to irrational behaviors.  A new person in your life can actually delay the resolution of a divorce especially if your spouse is not supportive of the divorce.  The opposing spouse may fight the distribution of assets just to keep a hold on you.  The more of a fight, the longer the divorce is held up in the courts.  Your new partner may be open for scrutiny in custody/time sharing issues.  If they have a shady past, custody/time sharing  could be jeopardized or ultimately lost.

If this person is the “one for you”, he or she will not mind waiting for you.  They will understand your situation and look forward to a relationship with a whole you rather than you focusing on the previous marriage.  Trials and tribulations make us stronger.  You may have more to give in a new relationship with a little alone time under your belt.

If you are experiencing a relationship crisis and considering filing for divorce or pursuing other family matters contact an experienced family law attorney who can advise you of all your options taking into consideration the emotional components as well as the legal issues. As a state certified and circuit civil mediator as well as a proven and experienced attorney since 1974  Ronald A. Luzim brings an integrative and holistic approach to help his clients take full advantage of the family laws to protect their rights and interests. Please contact his Coral Springs office at 954-755-1500 for your family law needs.

Do you know that insurance companies do not issue Homeowner Insurance policies during a hurricane?  As silly as it seems, you should watch the weather forecast when closing on a home or mortgage refinance.  If a hurricane is predicated in your area, the lender may delay the closing and/or request a pre-storm inspection to determine damages after the storm,.  In any real estate transaction it is advantageous to hire an experienced real estate attorney.  A real estate attorney will advise of any issues with the closing, whether legal or title issues and works to ensure the closing occurs without controversy or incident in the most cost efficient manner possible.

Preparing for hurricane season is simple and can make the difference after a storm.

• Water proof important documents – includes driver’s license, passport, social security cards, insurance policies and cards, photos, etc.  Place documents in a Ziploc bag or purchase a waterproof bag and keep in a handy place or take with you in case of evacuation.  Make copies of documents and store in a safe deposit box at the bank or with an attorney.
• Locate neighborhood shelters – in case you are not able to stay in your home, know where to go.  Find out if the shelter accepts pets and let friends and family know where you are going to be in case they need to locate you.
• Stock up on supplies – the rule of thumb is to have at least three days of supplies on hand in case of an emergency situation.  This includes bottled water, non- perishable food items, bleach, gas for a generator, batteries, tarps and baby wipes.
• Prescriptions – refill medications that you are running low on prior to the storm.
• Inspect outside property and clean yard – repair loose roof shingles, wires and gutters, trim and remove tree branches to avoid further damage to your property.
• Take pictures – inventory household items of value.  Document the condition of cars, house (inside and out) and other structures on the property.

Following these steps will not only protect yourself and your property during a storm but will also make filing insurance claims afterwards much easier.

Ronald A. Luzim has maintained an integrative and holistic law practice including all aspects of real estate law in Florida for over 30 years.  Please contact his Coral Springs, Florida office for all of your real estate legal needs – 954-755-1500.

The start of school is quickly approaching!  Whether a separation is new or has been the norm for a while, split families can work together to make the school year a success for children.  Become a united front by following these suggestions:

Children are the first priority.  Put aside bad feelings about the other parent and focus on the child.  Children are responsible for their school work not mediating their parents.  That is the job for a licensed family law mediator.

Establish similar routines and expectations.  This is especially important for parents who share custody during the week.  Set the same routine and times for homework, dinner and bed time.  Not only will children understand the rules of the households, they will also know that both parents love them.

Open the lines of communication.  Share homework and school schedules.  Notify the other parent of successes and areas that need improvement.  Inform the teacher of new developments in the households.  They will be better equipped to handle “acting out” in the classroom.

Attend conferences, programs and other school events together.  These special occasions are for the children and sometimes just having both parents in the same room will reassure a child that their parents support them.  Do not feel obligated to sit next to the other parent if it makes for an uncomfortable situation.

Appoint one parent to pay for field trips, school uniforms and supplies.  Children are easily embarrassed when they are different from their classmates.  They may also feel bad if they are aware that one parent is withholding money to spite the other.

School forms.  Provide contact information for both parents on school forms and make sure both are on the approved list to take the child out of school for appointments.

Sometimes parents just cannot get on the same page.  Do not give up.  Many schools will provide duplicate forms, instructions, schedules, etc. to families in this situation.  Many will even hold a separate conference for each parent.  Communicate with the school.  The school guidance counselor is also a valuable resource especially in times when the student is struggling with their emotions or situations in the household.

An end to a relationship or marriage does not bring an end to parenting.  Parenting lasts forever.  Working together to help children succeed in school is the greatest gift a child can receive.  Many parents are able to work out agreements on their own while others need outside assistance from a family law attorney for time sharing arrangements and parenting plans, child support, alimony, enforcement or modification, or other family issues.  Ronald A. Luzim has been practicing family law in Florida for over 30 years and is a state certified family and circuit civil mediator.  Contact his Coral Springs  office at 954-755-1500 for more information.

The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Act in 1968.  A few years later, FEMA mandated mortgage lenders to require mortgagees to purchase flood insurance if a property was located in a designated flood zone area.  Due to the everglades, Atlantic Ocean and Gulf of Mexico many counties, cities and neighborhoods in Florida were determined to be in flood zones hence, real estate transactions cannot be completed without the purchase of flood insurance in these areas.

Every 20 years FEMA is required to do a new survey and based on the results of the 2012 survey, new flood zone maps have been developed in both Broward and Palm Beach counties based on drainage improvements and higher elevations.  These new flood maps will be used by insurance and mortgage companies to determine which of their customers will be required to continue with or purchase flood insurance.  The changes in Broward County will be effective August 18, 2014.  View the new flood map for Broward County here.  In addition, contact your local municipality for specific information data on that city.

Palm Beach County is still awaiting the new Flood Zone Maps which are anticipated to be released in July or August.  Visit Palm Beach County’s website for more information on flood zone maps.  According to the FEMA New Flood Map Zone schedule, the new maps for Palm Beach County are expected to be effective in September 2015.

Changes to the flood zone maps are significant to developers, builders and those who are making improvements to existing construction.  All projects must follow city and county codes.

While flood insurance many not be required for your existing or future home, mother nature is not predictable and floods can occur anywhere.  FEMA suggests purchasing a Preferred Risk Policy which is low in cost but still provides flood coverage.

Real estate purchases are huge investments and a buyer should have all the facts prior to purchase.  A real estate attorney is a great source to ensure all t’s are crossed and I’s are dotted.  Ronald A. Luzim has practiced real estate law in Florida since 1974.  Contact his Coral Springs, FL office for all of your real estate needs.

Closing costs are a normal part of real estate transactions.  These costs are made of various fees associated with finalizing the property closing including, title insurance, surveying fees , closing agent fees, attorney fees just to name a few.  In Florida the buyer normally pays the closing costs but can be negotiated in the sales contract. The responsible party may be different from county to county.  Before purchasing or selling a property, research the accustomed method for the county or contact a real estate attorney to explain in detail.  Only a real estate attorney is licensed to advise clients and can negotiate on their behalf.

Title Insurance – protects the buyer of the property in case of issues that arise from a title search including “hidden hazards.”   “Hidden Hazards” can be unintentional omissions or mistakes made by previous ownership or title recordings that a title search may not reveal.  For example, a previous homeowner reported their marital status as single and then a former spouse makes a claim on the property, confusion with a like or similar name, forgery or fraud. Depending on the terms of the policy, legal fees and court costs are paid and if the claim is deemed valid many of out-of-pocket expenses can be reimbursed.  The cost of title insurance varies from state to state but is typically one percent or less of the property cost.  In Florida, the seller typically pays the title insurance and selects the title company except in Broward, Miami Dade, Collier and Sarasota counties.

Surveying Fees – a property survey is performed by a licensed company to determine the property borders, location of buildings, driveways, sidewalks, fences, other landmarks and encroachments from neighboring property.  A survey provides proof of what is specifically being purchased or sold and will be a future tool if the new homeowner decides to renovate or add to the property. Payment of surveying fees can be negotiated in the sales contract.

Closing Agent Fees – The closing agent is responsible for securing the closing documents by gathering contracts, surveys, inspections, mortgage documents, etc. from all parties involved in the real estate transaction.   An experienced real estate attorney will also be able to issue a title insurance policy for the buyer and lender as part of his services as a closing agent.  While the buyer or seller can select the closing agent, a title company does not work for nor represent either side of the transaction.  Furthermore, closing agents, other than attorneys, are not permitted to provide legal advice.  Once all required documentation has been signed by all parties and monies have been disbursed according to the sales contract, the closing agent records the deed and mortgage in the public records and prepares the title for the new property owner.  In Broward, Miami Dade, Collier and Sarasota counties in Florida the buyer selects the title company and closing fees are typically split between the buyer and seller pursuant to the terms of the contract.

Real estate transactions are very complex and requirements vary from state to state and county to county.  Hiring an experienced real estate attorney is an investment into the property that is being purchased or sold.  Ronald A. Luzim has been practicing real estate law and has been a closing agent for 40 years.  Contact Ronald at his Coral Springs, Florida office for all of your real estate needs.

Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work out their own solutions to problems.

Court costs can be a very expensive way to resolve conflict.  Filing fees payable to the Clerk of Courts, summons or notices to be sent to opposing party, jury fees, court transcripts and other fees are all calculated in the cost of taking a case through the court system.  Mediation offers a less expensive approach to resolving most civil legal matters.

Some states or counties, such as Broward Country Florida require a couple filing for divorce to participate in mediation before a court hearing is scheduled.  In Florida, mediation is required before a hearing for temporary relief or trial in a contested divorce.  The mediation session includes the couple, their attorneys and the mediator.  During this time both parties are able to express their opinions, views and compromises in order to reach an agreed outcome.  In a courtroom setting the judge makes decisions about custody, division of property and other items specific to the couple.

Mediation is the same in different types of legal matters including contract resolution, division of property among former business partners, contracts, leases, foreclosure, conflict with neighbors and personal injury just to name a few.

In addition to a less expensive method in resolving conflict, mediation is advantageous for the following reasons:

Reduces emotional costs – conflict of any type can take an emotional toll on an individual or the morale of a company.  Mediation allows the parties determine the outcome with the hopes of feeling satisfied, as opposed to a judge or jury.

Less public awareness – mediation sessions are confidential whereas court cases are of public record.  This is especially important in high profile divorce cases, custody issues or for a business who wants to keep the facts private without a negative impact to their bottom line.

Speedy resolutions – parties entering into a mediation session typically know what items are going to be negotiated and have had time to make a plan.  Once the final agreement is signed off by the parties involved, attorneys and mediator, the agreement is submitted to the court for a final hearing.  In the case of motions filed in the court system, multiple trips to the courthouse are required prior to the final hearing.

Improved relationships – especially important in divorces involving minor children.  Mediation allows closure for the couple and an opportunity to work together in parenting the children.  After all they are stuck with each other for years to come.  Similarly neighbors still have to live side-by-side and can hopefully move forward to live in peace.

Ronald A. Luzim, Esquire encourages his clients to consider mediation before litigation.  As an attorney and state certified family and circuit civil mediator for over 23 years, Ronald A. Luzim has been providing litigation and mediation services as an integral part of his practice.

Please contact Ronald A. Luzim in Coral Springs Florida for more information about his mediation services as part of your legal needs.

Litigation can arise in any business regardless of the company’s size.  These matters can have a serious consequence on a business and are not only financially draining but exhausting too.  Commercial and business litigation do not always require court appearances.  An effective commercial and business attorney must be savvy in many areas such as mediation, drafting agreements, commercial and business issues, debt collection and contract resolution just to name a few.

Mediation – an alternative method to bring resolution to a dispute.  Advantages of mediation include a reduction in financial and emotional costs, less public awareness surrounding the conflict, speedy and confidential resolutions and improved relationships between all parties involved.

Agreements/Contracts – a legal document binding parties on a specific subject, partnership, business, etc.  An agreement/contract will legally identify the correct individual(s), corporations or LLC responsible for performing the specified obligations, spell out the rights and obligations of each party, including services to be performed, financial responsibility, termination of the contract and resolution of disputes.

Commercial and /business – attorney works for the best interest of the client including purchasing, leasing or selling a commercial property. Services include purchase agreement review, explain inspection reports, search property titles for liens, probate litigation and other issues that may affect closing on a property, works with all parties involved in the transaction to schedule inspections, closings, etc., review closing documents and insurance policies and attends closings to ensure the client is fully knowledgeable with their purchase.

Debt Collection – cash flow is vital for the survival of all businesses.  There are times in which in an internal Accounts Receivable or Collections department is unable to obtain payment from an outstanding customer.  Sometimes an attorney’s letter will make the customer pay-up or further action may be required; such as skip trace (locate a missing company or person) or a lawsuit in order to collect the debt. Other times, a business needs to enforce collection of monies due upon the performance of a contact or defend against unwarranted claims against it.

Contract Resolution – as mentioned above, dispute resolution is an important part of an agreement/contract.  An attorney will ensure the proper procedures are followed in order to comply with the agreement/contract.

These are only a few examples of the services a commercial and business litigation attorney provides.  Ronald A. Luzim is an attorney and mediator and has been providing business litigation and commercial legal services since 1974 so please contact Ronald A. Luzim, Esquire in Coral Springs Florida for all of business legal needs.