If you have minor children, it is critical that you set up a Trust for your children, in the event that you die prematurely. In most instances, this is done as a “testamentary trust,” which is a trust created in a Will that is not funded until the time that monies and assets would otherwise […]
As we or our loved ones age the possibility of long-term care is that ever present fear in the back of our minds. The total upheaval of lives due to long term health matters takes its toll. A wife struggles to keep her husband at home while watching him deteriorate from Alzheimer’s; a daughter becomes […]
During the foreclosure crisis, a large number of investors purchased properties coming through foreclosure sales thinking that all possible liens against the properties had been wiped out in the foreclosure proceedings. Although it is critically important to have the title examined in order to determine that all proper parties were included in the suit […]
In the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016), the 11th Circuit Court of Appeals resolved a split among the Bankruptcy Courts as to what “surrender” means within the context of Section 521(a)(2) of the Bankruptcy Code, by ruling that a Debtor who elects to “surrender” real property cannot oppose a […]
If you are an inferior lien holder who is named as a defendant in a mortgage foreclosure suit, there is a 60-day period in which you must file a claim to receive any excess funds that may be available from the foreclosure sale. The question is, when does that 60-day period begin to run? The […]
Hardly a week goes by without someone contacting our office to discuss an intra-family transfer of real estate. Usually, a person calls and tells us what they have in mind, and if they have not already acted by themselves without our advice, we are able to keep them from making costly mistakes. In other instances, […]
From all of us here at Gibbons | Neuman, we wish you and your loved ones a safe and happy New Year. We truly appreciate and value our clients and our community. We look forward to our continued legal service to the Tampa Bay area in 2017.
For the last few years, the firm’s elder law attorney, Elizabeth Allen, has donated hand-made lap quilts to LifePath Hospice of Hillsborough County. This year, other members of the firm- Office Manager Linda Thompson, and retired Office Manager, Sally Johnson- decided to join in. They donated three hand-made quilts. Quilting has been a hobby for […]
On December 7th, the Senate passed H.R. 34, the 21st Century Cures Act and President Obama signed it into law on December 13th. The package included the Special Needs Trust Fairness Act which corrects an error in the law that presumes that all persons with disabilities lack the mental capacity to handle their own affairs. […]
What’s the biggest worries that older people have? Being in poor health and running out of money. Those two often go hand-in-hand. Chronic health conditions can put a strain on family finances. Too often people are confronted with the potential of high long term care costs and depletion of assets. Some individuals believe giving money […]