Put simply, the bill alligns Florida Department of Transportation’s definition of launch support facilities with the broader federal definition. The new definition for launch support facilities includes the usual launch pads and control centers, but also adds assembly and processing facilities. Hence the term “Spaceport.” 

Lawmakers explained that the new legislation  permits federal and state funding for upgrading space facilities such as those on the Space Coast and in Jacksonville, Florida. .

We at the Law Offices of Julie Eason-Smith hope this legislation attracts more commercial, space-related activity to Florida, creates more jobs and enhances healthy economic growth. Like the Florida Chamber of Commerce, we appreciate the  Lt. Governor Jennifer Carroll, Senator Lisbeth Benacquisto, and Representative Ritch Workman as well as all our law-makers for thier support of  our vital Florida aerospace industry.

 JULIE EASON-SMITH:  POINTS OF LAW

As promised last week, this month’s “Points of Law” series refers to Florida probate laws. There are several important categories of assets that are considered a part of probate proceedings after your death. Equally important are the assets that are NOT included in probate:

1. Dollars: A bank account or investment account in your own name is a probate asset. A joint account with rights of survivorship for another person, is not a probate asset.

2. Policies: A life insurance policy, annuity contract or individual retirement account listed as payable to a specific beneficiary is not a probate asset.

3. Property: Real estate solely in your name, or in your name plus the name of another person as “tenants in common,” is a probate asset.(The exception is homestead property.) Real estate in your name with one or more other persons as joint tenants with rights of survivorship is NOT a probate asset. 

 There are many nuances of Florida Probate Law. We of the Law Offices of Julie Eason-Smith urge you to discuss your assets with your attorney for clear and careful planning of your estate. Our resources on this site include a helpful for to assist you in this serious matter. We invite you to watch this blog for more law topics. The Law Offices of Julie Eason Smith report the latest legal news from Florida, Orlando, Oviedo, around the world and in the spaceports.

Under the rule of Emperor Claudius II, he flaunted Roman law by practicing the Christian faith. Like the offices of Paul Harvey, the Law Offices of Julie Eason Smith now release the “rest of the story:”

Emperor Claudius II was enlisting soldiers for bloody conquests and the young men of Rome would not volunteer for his unpopular wars.

 Claudius believed they would not fight because of their wives and families. Thus, Marriage and engagement became forbidden. Valentine defied this law and performed marriage ceremonies in secret.

Most people know that the Valentine tradition began with the notes of encouragement he sent to and from his cell window. His last note, written to his jailor’s daughter, was signed “Love From Your Valentine.” In 269, he was executed, but the spirit of friendship and love that he fostered continues to be celebrated to this very day.

As our “Valentine” to you this week, we present a clear meaning of the word “probate.” Probate is a legal proceeding that will be held upon your death if you own any assets.

Through probate, your debts and taxes will be paid. Likewise, titles to your assets will be passed on to your heirs. In some states there are numerous disadvantages to probate but most of these have been eliminated in Florida Law.

Today, the law says the assets you owned in your lifetime, and your financial business will be sealed from public view. Now probate proceedings for most Florida estates are processed within six months to one year. and are often completed within six months. Avoiding probate can still be advantageous in many cases.

This can be achieved in several different ways. Dying “testate,” means dying with a will, but it does not prevent the necessity of probate any more than dying “intestate.”

Making a will does not exempt you from probate, but only assures you that you will be represented by a person of your choice, and your listed beneficiaries will inherit your assets. The most common way to avoid probate is a living revocable trust.

Next week we of the Law Offices of Julie Eason-Smith will describe the details of major points of law covered by the probate process in Florida. If you can not wait for this information, you can discover more about the  Living Revocable Trust at this very site.

Thank you again for reading our blog, and from Ovieda Florida, across the United States, we wish you a Happy, Safe and Legal St. Valentine week.

A VALENTINE REMINDER:

It seems impossible that January of 2012 is gone, and February is already pushing us toward Valentine’s Day.We invite you mark your calendars to remember shopping for cards, gifts, roses and chocolates.

This special day could also be an excellent time to show your love to your favorite charity with a donation or a few hours of volunteer work in our Ovieda community, or your own hometown.

MAJOR NEWS: THE FINANCIAL FRAUD ENFORCEMENT TASK FORCE

We at the Law Offices of Julie Eason Smith watch for law news at the national level as well as here in Florida. This week we spotlight the latest news concerning mortgages, since many of our clients are interested in real estate laws and mortgage practices.

President Barack Obama recently appointed the New York State Attorney General, Eric Schneiderman as the chairman of a special committee. The group is part of the new national office on Mortgage Origination and Securitization Abuses.

They will be cooperating with the justice department as part of the president’s Financial Fraud Enforcement Task Force. Under Schneiderman’s direction, they have three challenging goals:

First, they will investigate violations of the mortgage laws. Secondly, they will enforce compensation of victims.

Thirdly, they plan to implement relief for homeowners stressed by the recent real estate decline.

Referencing this new task force, in his State of the Union Address, President Obama said, “The American people deserve a robust and comprehensive investigation into the global financial meltdown to ensure nothing like it ever happens again.”

He also stated that some banks had sold mortgages “to people who couldn’t afford or understand them.” He accused such banks of making “huge bets and bonuses with other people’s money.” Concerning the new committee, he added, “The announcement is a major step in the right direction.”

In response to his presidential appointment, Eric Schneiderman stated “In coordination with our federal partners, our office will continue its steadfast commitment to holding those responsible for the economic crisis accountable…”

He pledged to “get the economy moving again” through the actions of his committee.

A glance at this New York Attorney General’s record reveals that he has previously investigated some very large financial institutions as part of his his New York duties.

 The Law Offices of Julie Eason Smith wish Eric Schneiderman the best of luck as he and his committee begin their challenging new work. 

As always, we thank you for checking our blog and reading our late-breaking legal news. We promise our  friends and clients that we stand ever vigilant concerning your real estate and  mortgage laws.   Our next blog will bring you the details of the Florida probate laws and the true story of Valentines’s Day.

We urge you not to be persuaded by the many programs that tempt you create your will “on your own.” We preface this information with the caution that you should not assume the process of will-making without the help of an attorney.

 This week our main Point of Law begins with the term “personal representative.” This refers to the person or company you appoint to handle your affairs after your death.

1. Florida does not employ the terms “administrator” or “executor.”

2. We recommend you choose a close relative, bank, or trust company, or at least, a Florida resident as your “personal representative and trustee.”Remember to choose a few alternates to serve in case your first choice representative precedes you in death.

3. “Resident” is a very important term. If you wish to name a non-resident as this “personal representative,” there is a legal list of the people permitted to assume the duty.

You can choose: child or lineal descendant, spouse, a parent or lineal ascendant. You can invite your brother, sister, uncle, aunt, nephew, or niece, or lineal descendant of any of the these people.

4. On the surface, this seems like a great many choices, however, there are some of your relatives who cannot serve as personal representatives, unless they are Florida residents.

Case Study: A married couple designates the husband’s nonresident brother as “personal representative” of both their wills. Under Florida law, it’s fine for the brother to serve as personal representative for the husband’s estate. However, it is not legal for him to be the “personal representative” for the wife.

This is a nuance of the Law only in Florida and a few other states.

We believe this is also the type of case that proves you should hire an expert when you undertake writing your will.

Florida law has complexities and subtleties that attorneys can simplify and explain. While making a Will can not be considered a happy occasion, the Law Offices of Julie Eason-Smith can guide you through the procedure with ease. We invite you to make your will in a pleasant and professional atmosphere and let professionals at The Law Offices of Julie Eason-Smith smooth your way by expediting the legal details.

1.  Make It Personal: Far from being a depressing legal chore, writing your will can be a caring expression of thoughtfulness for your loved ones. After you have designated who will receive your worldly assets, you have completed the most personal part of your last testament.

(You can simplify this procedure by clicking on our Resources page for our free ”General Assets” questionaire. The form helps you collect initial information about your assets.)

2.  Make It Legal: Under Florida law, the most important formal part of this document is the official signing of the last page. You will write your signature in the presence of two witnesses as well as a notary public.

3.  Make It Simple:  Florida Law has termed  this type of signed will a “self-proving” will. It can be probated after you die without the requiring the witnesses appear at the courthouse. We call this “making it simple,” because all of these formal, witnessed signatures makes processing the document simpler for your heirs.

4.  Make It Safe: Florida does not probate copies except under extraordinary circumstances, so the original is vitally important Be mindful that the signed document is your legacy, large or small. We advise placing it in your safety deposit box.

There it will stay until your family has need of the security or comfort it will provide when you no longer need your earthly possessions.

These basic points of law are outlined briefly here for you. For extended details we again refer you to our resource page where you will find an official Florida Bar Pamphlet.

Attorney Julie Eason Smith, P.A. understands the dread with which most people approach writing this document. At her home office in Oviedo, she can transform making your last will and testament  into a well guided, professional and confidential experience.

Employers will now be obligated to pay $7.67 cents per hour to their minimum wage workers.
This might not sound like a large increase, but it adds up.

Minimum wage employees will receive a yearly increase of $806.00 per year.

2012 will also see a change in unemployment benefits.

Our state has lowered the amount of time workers will be permitted to collect unemployment checks. Last year job seekers could legally collect benefits for a time period of  12 to 26 weeks. According to the new Florida statute, jobless citizens will be allowed to stay on the program from12 to 23 weeks.

It remains to be seen what effects the new legislation will have on employers and employees, especially in the construction and real estate industries.

One thing is certain:  the Law Offices of Julie Eason-Smith will be maintaining a close eye on the economic and legal ramifications of these two new laws.

A third law that has just been put on the books is important because it will effect all of our clients and friends with young children.
Instead of the State Department of Education, The State Department of Agriculture will be administering the school lunch program.

Officials there have  have promised Florida families that more fresh fruit and vegetables will be offered to children at lunch and breakfast.

Given the national attention that childhood eating habits and obesity have recently attracted, these improvements in children’s menus can only be considered good news.

As always, Julie Eason-Smith thanks you for reading this blog. We look forward to bringing you some special features in the coming months. Next week we will be presenting you with a two part feature we call  “Top Tips for Creating Your Will in 2012.”

Due to our challenging economy, 2011 experienced a slow recovery and this definitely impacted consumers buying habits. This lull in the economy also affected requests for legal services. However, by November of 2010 we were noticing a higher confidence in the future as clients again were updating their will, estate documents and requesting real estate legal services.

Commercial real estate is another area that seems to be increasing since lower prices are available in this down economy. Investors are buying individual loans and real estate owned (REO) properties taken by the lender after foreclosure are also on the rise. We have also seen an increase in clients buying or building multi-family dwellings with the low prices on the market.

Social Media is affecting all of us in the legal profession. Social media is driving our website criteria and creating new business opportunities for marketing. At the law offices of Julie Eason Smith, PA we are encouraging more one on one personal relationships with our clients as we continue to grow.

We are expecting great things in the new year and hope to see many of our visitors as you plan your next real estate purchase or have a need for any of the following services; Living Wills, Durable Power of Attorney, Designation of Pre-need Guardians, Revocable Living Trusts, Insurance Trusts, Charitable Trusts, Estate Tax Planning, Probate, Guardianship, real estate contracts, title insurance, and real estate closings.

As we welcome 2012 with re-newed optimism, we wish everyone in Oviedo and across the United States a happy and prosperous New Year!

Thus all three items are indexed for inflation.  You should know that after these exemptions, the tax rate will remain 35%, as it has been in 2011.

Special Message:  Julie Eason Smith personally wishes you and your families the joy of the coming season.

The Law Offices of Julie Eason Smith, PA, include their blog readers in the Holiday Greetings in the same warm words that have been presented in many local  publications:

“Through  my office pass the nicest people in the world–my clients, my friends.”

“There is no more appropriate time for me to say thank you and to extend best wishes for every happiness this holiday season and throughout the coming year.”

Alcoholic Family Members:
One thing families can do is to pick someone to remain sober and be the designated driver. The alcoholic in the family struggling with this disease is a perfect choice for this responsibility and gives them an opportunity to be a supportive family member while at the same time, feeling they are still an important part of the festivities and can enjoy the holidays just like everyone else.

Younger Licensed Drivers:
Recently, a new study has also discovered that many young people are choosing the “least drunk” of the group to get behind the wheel after a night of drinking.  Parents should warn driving age children that this is a dangerous time and that is not a good solution.  Many focus groups are available to educate newly licensed drivers in appropriate driving behavior. Alternative transportation during this most dangerous time should also be considered.

Happy Holidays:
Our law office wish each and every one of you a happy holiday season and urge you to be safe as you enjoy the many activities available over the holidays. It can be a wonderful and memorable time with a bit of caution observed.

Please hurry back as we post new and exciting information that will help you this year with your legal issues regarding wills, probate and much more.

The Law Office Of Julie Eason Smith
Oviedo, Florida

Copyright Laws

Website copyright registration is required should you have an issue arise where another party copies a portion or all of your website, and uses your own website look and feel to promote themselves.

Finding out that another party has been using your website and content to promote themselves can be very alarming to website owners and they should protect themselves from this intellectual theft .

Here is the copyright infringement content from the office of the  United States Copyright office to keep in mind.

No action in court is permitted for copyright infringement without a registration of the copyright. While the copyright is born when the artist creates the work, registration is required to take legal action in court for infringement

Those of you interested in registering the copyright for your website should visit the following website.

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Trademark your Professional Logo

If you have not trademarked or registered your professional logo you should also do that right away. This will stop others from copying your logo name and using it.

Click here to begin the TRADEMARK process for your logo.