Planning for long-term care can be an important addition to estate planning for many individuals as they age. While the need for long-term care can come upon a person suddenly, such as when someone suffers a major stroke or heart attack, for most individuals this need becomes gradually greater over
Real estate fraud in the United States is a growing concern among industry professionals, especially in the state of Florida. In 2022, despite a decrease in the number of reported fraud incidents, the Federal Trade Commission (FTC) received more than 2.4 million complaints, amounting to almost $8.8 billion in damages.
There are two major differences between a Living Trust and a Will. The first is whether the assets will go through the probate process and the second is when the document goes into effect. A Living Trust does not pass through probate upon the death of the Living Trust’s grantor
A guardian is a person designated by the court who can make personal and/or financial decisions for another individual who has become incapacitated or is a minor. Once a court makes someone a guardian, the individual who is now under the guardian’s care is considered a “ward.” Guardianship of an
The Corporate Transparency Act (CTA), enacted in 2021 with bipartisan support, represents a significant step in curbing illicit finance within the United States. Its aim is straightforward: to enhance transparency by requiring many companies operating in the U.S. to report information about their ultimate beneficial owners or controllers. Unfortunately, while
Insider Tips from Legal Experts Dealing with property damage is a situation nobody wants to find themselves in, yet it’s a reality many of us face at some point. When your home is hit by a storm, fire, or any other calamity, it’s not just about the physical repair; it’s
When it comes to closings, title insurance may seem like an unnecessary or extra cost that can be avoided with little consequence. That could not be further from the truth. Title insurance is the ultimate form of long-term protection when it comes to one of the largest financial decisions of
Thinking of using Generative AI for your estate planning? Discover why an attorney is a more reliable source. Although it has become a hot topic in recent years, Artificial Intelligence (AI) has been around for decades. The most common AI function that many people use every day is auto correct
“I LOVE YOU WILLS”: A NOT-SO-FUNNY VALENTINE In honor of Valentine’s Day, we will focus on the trappings of so-called “I Love You Wills”. An “I Love You Will” is a simplified Last Will and Testament that directs that upon your death, everything in your name will be left to
Civil litigation is the formal process for dispute resolution, typically through the court system, but sometimes through alternative dispute resolution systems, such as arbitration. If there is a contract between the parties in dispute, the contract may specify that arbitration rather than a lawsuit must be pursued to resolve disputes
When working with a closing agent such as a title company or law firm, one of the first steps in their closing process should always be to order, review and circulate a title search or commitment. A title search is prepared to include a list of items that must be
Closing with Clarity: Understanding Common Title Defects Title defects are every buyer and seller’s nightmare. Despite the best efforts of previous owners and closing agents, there are several reasons why a title defect can still arise. While some are bigger and more costly to resolve, the headaches and heartaches these
In the dynamic world of real estate, where properties change hands and fortunes are made, the foundation of every transaction lies in the legal intricacies surrounding deeds. Real estate deeds are the key to unlocking the transfer of property ownership, and a meticulous understanding of the associated transactions is paramount
Discovering the nuances of property insurance claims and disputes is crucial for policyholders seeking fair compensation. What types of damages are typically covered by property insurance? An insurance claim lawyer at Lacey Lyons Rezanka provides representation to policy holders and third-parties seeking coverage for their claims in various areas of
In the dynamic real estate landscape of the State of Florida, individuals embarking on the journey of homeownership are confronted with a pivotal decision regarding who will handle their closing process. Traditionally, the two primary options are a title company or a real estate attorney. While closing with a title
Real estate transactions can be exciting but equally daunting. With a myriad of regulations, changing market conditions, and the significant financial commitment involved, ensuring a seamless transaction is paramount. In Florida, where the property market is as diverse as its beautiful landscapes, the stakes are even higher. Dive into the
UPDATE: On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction in favor of two Plaintiffs challenging Senate Bill 264 (SB 264), which has been in place since July 1, 2023. The Court determined that the Plaintiffs had a strong likelihood of success on
When it comes to managing one’s assets and ensuring a smooth transfer of wealth after one’s passing, the choice between creating an estate plan and being subject to probate becomes crucial. This blog aims to shed light on the key differences between these two options and it explores which one
With its sunny shores and towering palm trees, Florida has a long history of attracting people from all over the world. Even with all its beauty and famous destinations, Florida also has a shady history rooted in fraud and scams. Does the term “Ponzi scheme” sound familiar? Turns out Charles
If you have recently been handed a notice of non-renewal, there is a lot to know about them. These documents are handed over by landlords to their tenants. They advise the tenant that the lease will not be renewed. Moving into a new place is one of the most exciting
There are new 2023 Florida laws that came into effect July 1, 2023. Every year, the State of Florida goes through a series of amendments and updates to its statute books. These updates are often passed in response to concerns raised by individuals and organizations. It’s important to familiarize yourself
In 2022, the National Association of Realtors (NAR) reported that 24% of international investments in real estate took place in Florida.[1] With its beautiful beaches and endless summer weather, that number probably does not come as a surprise. As the number of foreign investors continues to rise, what happens when
More grandparents than ever are stepping up to raise their grandchildren. More than 2.5 million grandparents across the United States are accepting full-time responsibility for children as sole caregivers. As the grandparent moves closer to retirement, parenting children (again) is an unexpected detour in any plan for the second half of life.
Is there anything better than preparing for a trip? Planning every detail of the upcoming adventure, filling your daily routine with new locations, and booking excursions to do new things with people you’ve never met? Not to mention packing enough clothes for a month even though you are only leaving
If you’re new to the non-compete clause law, it’s a contract where an employee agrees not to compete with an employer after employment ends. Non-compete clauses have been common in employment contracts for years. These clauses restrict employees from working for a competitor after leaving their current job. While they
We’ve all seen the movies. The wealthy patriarch dies, and the grieving family comes together for the reading of the will. Only to learn that they have each been left out of the will and the entire estate has been left to the housekeeper! Dramatic? Yes. Unrealistic. No. There is
All children have the right to a quality education. This includes children who have disabilities. This right to education does not exclude anyone based on gender, race, financial status, or disability. The state of Florida has guidelines that specifically protect children who need alternatives to the traditional teaching model. The
Buying or selling a home can be incredibly stressful. It is a sizable investment and having someone to represent your interests can be helpful. A Real Estate Closing Attorney is worth every penny and, in some cases, can save you quite a few. What is a Real Estate Closing Attorney?
Death can bring a wide range of emotions along with it. Having to go through the legal process without probate lawyers can become a complicated process. For those overwhelmed by the prospect of navigating this complicated process, understanding what exactly a probate entails and why it’s necessary can make all
Navigating the world of Education Law can be complicated, even for experienced professionals. From interpreting laws and mandates accurately to staying on top of existing and new regulations, understanding the basics of this law is essential for anyone in the field, including teachers and students. Through a comprehensive understanding of
Buying a house is a milestone for many people. While the market may fluctuate, hopes and expectations stay consistent. We all want a transparent purchase experience with no surprises. Is that too much to ask? It shouldn’t be. Melbourne is one of the best places to live in Florida, and with
You may ask why hiring a lawyer to interpret special education laws is something you should even consider. Isn’t my child already getting a quality education? Can I trust my child’s school to meet their special education needs? What do I need to think about when my child has been diagnosed
If you have an 18-year-old (or older) that is now ready to tackle life as an adult, there are a few things you as a parent should consider. Has your teen signed a Durable Power of Attorney, a Health Care Surrogate Designation or a Living Will (Ancillary documents)? If your
When purchasing a franchise or selling one, a franchise agreement is a contract between a franchisor and a franchisee that outlines the terms of the business relationship. The franchisor grants the franchisee the right to use their name, logo, and operating model in exchange for a fee. Franchise agreements vary
What is an Individualized Education Plan? An IEP (Individualized Education Plan) is a document that outlines specific educational needs and services for your child and guarantees that the necessary support, services, and accommodations are put in place to help your child. At a minimum, the IEP must include the present
A Force Majeure clause is considered an “Act of God” which means it is in relation to natural events such as storms, fires, pandemic, etc. The clause is defined as any party that could not fulfill their contractual obligations due to the pandemic. The courts must be able to find
Homeowner Insurance in Florida Are you a first-time homebuyer feeling in over your head? Is it time to renew your insurance but you’re unsure of where to start? You’ll need to familiarize yourself with Florida homeowner insurance then. This type of insurance is vital in the preservation of your home.
You should feel comfortable with your lawyer and be able to trust them When hiring a lawyer, it’s important to choose someone you feel comfortable with and can trust. This is especially true if you’re hiring a lawyer for a personal matter, such as an estate plan or real estate
In Florida, probate is the legal process that happens after someone dies with assets. It includes gathering the deceased person’s assets, paying any debts and taxes, and distributing what is left to the beneficiaries named in the will. If there is no will, Florida law determines who receives the assets.
Do you have a child with special needs? If so, you may be wondering about your rights under special education law in Florida. This blog post will answer some of the most commonly asked questions about special education law in Florida. Lacey Lyons Rezanka Attorneys at Law will cover eligibility
When buying or selling real estate in Florida, there are many steps between making or accepting an offer, and move-in day. Reaching the closing stage is one of the most exciting milestones of any real estate transaction. Getting to this milestone means all the paperwork has been finalized, and the
Do you have estate planning questions that you need answered? You’re not alone. Many people are unsure about what estate planning is and how it can benefit them and their families. In this blog post, Lacey Lyons Rezanka, Attorneys At Law, will answer some of the most frequently asked questions
In recent years, states and school districts have passed numerous laws and adopted policies prohibiting or regulating bullying in schools. No child deserves to be bullied. Florida parents should understand their rights when addressing children being bullied at school. What Constitutes Bullying in Florida? Bullying is strictly prohibited under Section
Finding out that your child has special needs can be challenging to hear. Depending on their diagnosis, they may need a litany of support throughout their earliest stages of development through adulthood. Nevertheless, no matter how hard the road ahead may seem, loving parents and guardians with the proper knowledge
A Seminole County Court judge recently ruled that a gym that was forced to close due to the Governor’s prior executive order regarding certain business closures during the initial stages of the COVID pandemic was clearly within the meaning of the force majeure provision of the gym’s commercial lease. In
A covered loss (Water damage, hailstorm, fire, etc.) has caused damaged to your property and you are depending on your insurance company to pay your claim so that repairs can be made quickly. Unfortunately, many insurance companies prioritize making a profit ahead of paying valid claims and train their adjusters
How an Insurance Claims Lawyer Can Help When a storm, hurricane, or other unexpected event damages your property, you want your insurance company to pay your claim in a timely manner. But sometimes insurers act in bad faith by delaying payment or refusing to pay valid claims altogether. Delaying processing
Your child graduating from high school and turning 18 is an important and emotional milestone. While they have newfound independence, it is also a critical legal event. They’re now real adults with the right to make their own decisions. As a parent of an adult child, your parental rights usually
Need to go through the probate process but not sure where to start? Wondering if you should hire a probate attorney? The legal issues around the death of a close family member can be complicated. Especially when finances and family matters are involved. A probate lawyer can help in the
A Real Estate Attorney can be of great help when one needs to buy a home or an investment property. Here’s how you get started to choose an appropriate lawyer. Buying real estate is a complicated process as it involves the transfer of property from one party to another. A
Whether you are buying or selling, you should always be aware that Franchise Agreements are written to favor the Franchisor. The best franchises make both the Franchisor and the Franchisee money. The best Franchisors offer meaningful support and hands on training to their franchise owners. Unfortunately, that is not always
Not Losses Due to the COVID-19 Pandemic of 2020. A Court in Miami recently addressed whether one company’s business interruption insurance covered COVID-19 shut down losses, in the recent case of COMMODORE, INC. v. CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, et al., in the Circuit Court for the 11th Judicial Circuit
Listed are some frequently asked questions about Supplemental Insurance Claims: What is a supplemental property owner Insurance Claim? Supplemental property insurance claims are secondary claims made by insured property owners (both home owners and business owners) to request additional money to make repairs to your property in the event that
After a Will is admitted to court after someone passes away, the probate administration process begins. Probate is a court-supervised process that is used to determine who will inherit from a deceased person’s estate and to ensure that the decedent’s assets are distributed correctly to heirs according to the Will.
On this day, May 21, 1944, one of the greatest modern jurists, Judge Learned Hand, presented the following short speech in Central Park, New York City, during an event called, “I AM an American Day.” A million and a half people, a tenth of whom were newly naturalized
After someone passes away, that individual’s Last Will and Testament is typically filed with the probate court to initiate the estate administration process. The amount of time it can take to administer an estate really depends on each situation and type of case. In some situations, probate administration can be
Healthcare providers, including surgeons, are required to comply with various federal and state healthcare laws. The Centers for Medicare and Medicaid Services (CMS) strictly scrutinize healthcare providers to make sure they are in compliance with federal law. Surgeons especially are reviewed for program billings and reimbursement requests. It is important
Some people think that after they have completed their estate plan, they do not need to take any further action to ensure that it is in good shape when they pass away. It is not uncommon for people to let 10, 20, or even 30 years go by without having
As any Floridian knows, May typically marks the time when many of our out-of-state visitors or part-time residents head back to their permanent homes. You may have read that more people are moving to Florida due to COVID-19 or for more affordable rent. In fact, many begin as vacationers, evolve
As a follow up to TEN+ WORDS YOU NEED TO KNOW IF YOU WANT TO DEVELOP LAND, here are the top Ten+ Acronyms, Initialisms and Abbreviations you should know to be conversant in Land Development. An acronym uses the first letters of the words in the phrase and reads as a
Estate administration in Florida involves a court-supervised process to determine what heirs will inherit from a deceased person’s estate. In Florida, there are two primary forms of probate administration including: Formal administration: This is used when the total value of a decedent’s (i.e., the deceased individual) estate is valued at
A Last Will and Testament, or Will for short, is one of the most popular and well-known estate planning documents used to help individuals prepare for the future of their estate once they pass away. It is a formal legal document that outlines a person’s last wishes. Wills must be
Florida has seen an influx of new residents in the last decade, and especially in the last year. One news source has estimated that as many as 950 people are moving to Florida each day. If you are lucky enough to have found the treasure that is Brevard County and
Larry King was well-known for quite a few things, two of which were his incredible interviews and his several marriages, 7 to be exact. At his death at 87 years of age, Mr. King was in the midst of divorce from the seventh wife, Shawn King. The pair filed for
The following blog post is written by Kara Anderson, Owner and President of Simplifying Senior Living Relocating to senior living is a big decision for the senior making the move. You may be thinking about it for the future or need to move quickly due to a health crisis. Maybe
It is not a pleasant surprise to find an uninvited guest on or in your property. This may result in an even more unpleasant experience for the uninvited guest. But be careful. Not all who enter your property without your permission are trespassers, legally speaking. Bottom line: Ask for identification
Generally assigned within your will or trust, a personal representative is an individual or institution that you select to administer the particulars of your estate. This means that your personal representative is required to adhere to the instructions and guidelines provided in your will and trust as closely and
So, you purchased land and you want to build your dream home, your new office building or a 100-unit (house) subdivision. Should be easy, right? “Everyone is doing it.” Twenty years of law practice in the area of Land Use and Zoning allows me to state with confidence, it is
Article II, Section 4 of the Constitution describes the exclusive basis for impeachment: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” The limited and special impeachment power of congress was
Pets are trusted companions whose love and affection can mean the world to their owners. It’s not uncommon for pets to become a part of our families, whose wellbeing is just as important as your own. As you’re preparing for the next phase and considering what might happen to your
A Last Will and Testament is a formal legal document stating how you want your assets distributed when you pass away and who will be in charge of administering your estate. This important document helps make sure that your estate is handled according to your wishes. However, in Florida, what
UPDATE as of January 26, 2021 Following up on our previous article on the topic: both the Florida House and the Senate have each now filed a bill to provide liability protections for individuals, businesses, churches and schools. The legislation seeks to provide liability protection for businesses or organizations who
Contact a Melbourne Probate Attorney to Get the Help You Need Probate refers to a court-supervised process used to determine who will inherit from a deceased person’s estate. Once an individual dies (the decedent) with a Will (also known as dying testate), the decedent’s Will needs to be admitted to
News about the coronavirus is everywhere, and we have all been affected by it in some way, even if we are currently completely healthy. Although it may seem as though circumstances are spinning beyond our control, we are not powerless. There are steps we can take to protect ourselves and
Some people may think that they only need to do estate planning to determine how their estate should be handled after passing away. However, planning for managing your financial affairs (and healthcare matters) during your lifetime is equally as important. Additionally, others may think that they only need to do
Litigation is expensive. Attorneys’ fees are a large part of that expense. Correctly evaluating potential ways to make the other party pay for your attorneys’ fees, or potential exposure to liability for the other party’s attorneys’ fees, is critical. Florida follows what is known as the “American Rule,” which provides
A force majeure (meaning “superior force”) clause is a standard contract clause found in many contracts, including real estate sales agreements, acquisition agreements and employment contracts. Such a clause provides a contracting party with an excuse to delay or terminate the party’s performance obligations under certain circumstances that make performance
3 Ways to Protect your Construction Lien Rights During Turbulent Times As a result of Covid-19, issues of non-payment have risen dramatically in the building industry. Florida Statues, Chapter 713 provides the remedy of a construction lien (sometimes referred to as a mechanics lien) to protect tradesman and suppliers alike
No business owner wants to be sued. Litigation is rarely good for the bottom line. But what are you supposed to do in an international pandemic? There’s no rule book. No fail-safe policy to guide a decision maker. We are in uncharted territory and nervous about the economic outlook until
Talking with aging parents about their finances, their wishes, and the future, is never an easy conversation. While not all parents are willing to have these discussions, they are important to prevent the difficulties that eventually arise. Communicating early and often can help. Here are 6 tips from the article,
Estate planning—it is an incredibly important tool, not just for the wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing healthcare agents to make decisions
Real estate encompasses not only one’s primary residence but also other real estate, such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real estate you own. Below, we look at the different types of real estate and offer advice
The 2020 election is almost upon us. The past has taught us that trying to predict the results of an election are futile at best. Still, estate planning clients need timely counsel as to how the election may impact their financial futures. Estate planning attorneys strive to help clients stay
FOR IMMEDIATE RELEASE: September 01, 2020 Aaron D. Lyons, Managing Member Lacey Lyons Rezanka, Attorneys at Law 321-608-0890 ALyons@LaceyandLyons.com Lacey & Lyons, P.L.L.C., now Lacey Lyons Rezanka, Welcome New Partners and Open a New Location in Rockledge. Melbourne, Florida: Attorneys Stephen J. Lacey, Aaron D. Lyons and Ethan B. Babb
Congratulations Ethan Babb, Esquire, of Lacey Lyons Rezanka, Attorneys at Law FOR IMMEDIATE RELEASE: August 12, 2020 Ethan Babb, Esquire Lacey Lyons Rezanka, Attorneys at Law 321-608-0890 Info@LaceyandLyons.com Attorney Ethan Babb Serving 3rd Term as Board Member on Brevard County Bar Association’s Young Lawyers Division Melboure, Florida :Brevard County Bar
Now Is the Time to Choose Your Health Care Surrogate! This week our family experienced firsthand the frightening perils of COVID-19. A close family friend, who shares our table at every Thanksgiving gathering and my wife and children call “Uncle”, was admitted to the hospital due to COVID-19 related complications.
Turbulent times leave you feeling as though you are consumed by anxiety. By not having the proper estate planning, you are adding anxiety for yourself and your family. Below is a checklist for you to complete to help you prepare for, and thrive in, these unprecedented times. At Lacey Lyons
With Florida hitting its highest single-day Coronavirus- related death tally on Tuesday, as a business owner are you following record keeping requirements during Covid-19? As state leaders attempt to develop guidelines for reopening safely, you may have questions about the requirements for maintaining a safe environment for your business. Specifically,
Navigating Periods of Uncertainty and Unrest as a Business Owner Uncertainty and unrest have defined 2020. From COVID-19 and record-breaking unemployment to ideological, political, and societal conflicts, business owners have faced significant challenges to their survival and success. Regardless of their current political views or health and financial statuses, business
The Law Office of Lacey Lyons Rezanka is committed to the success of our community’s business and commercial partners. In an effort to communicate to our community, we are sharing this important and timely communication. The Economic Development Commission of Florida’s Space Coast, Brevard County, is bringing you a series
The Dow Jones reached an all-time high of 29,551.42 on February 12th. On May 12, it was 23,245. That is nearly a 20% drop in value. You might consider this quite disheartening and feel like it’s all bad news, however, in the area of wealth transfer planning, this can in
In light of the current pandemic, many Americans are becoming aware of the importance of creating or updating their estate planning documents. With the extension of some states’ stay in place orders, it may be tempting to create your own documents all on your own. Whether you are considering writing
Don’t Risk it: Protect Your Finances From Coronavirus Complications Many Americans spend a lot of time and effort in managing their finances. While most are worried about how the Coronavirus (COVID-19) will impact their income—whether that’s because they are temporarily furloughed, find themselves suddenly without a job, or watching their
Column by Ethan B. Babb, Attorney at Lacey Lyons Rezanka Families First Coronavirus Response Act: What does it mean for employers and employees? Enacted into law on March 18, 2020 the Families First Corona Response Act (“FFCRA or “Act”) was intended to provide relief and assistance to the workforce, as
Stephen J. Lacey, Guest columnist Florida Today Without question, the Covid-19 outbreak has caused many of us to not only reflect on our lives, but also speculate and fret over our future. Respectfully, everyone has formed their individual opinions on the severity of the situation and the economic repercussions we
Without question, the Covid-19 outbreak has caused many of us to not only reflect on our lives, but also speculate and fret over our future. Respectfully, everyone has formed their individual opinions on the severity of the situation and the economic repercussions we will incur as a result of this
Mr. Bab, Attorney with Lacey Lyons Rezanka, concentrates his practice on General Civil Litigation with a focus on: Business and Commercial Litigation, Employment Law, Real Estate Law, Insurance Disputes and Construction Law. Mr. Babb is experienced in prosecuting and defending cases in both state and federal courts. In addition to
Whether you are a landlord or a tenant, the impact of forced business shutdowns is hard, and the consequences will be equally hard as we pull together to get back on track as the crisis subsides. Now is the time to plan ahead, and to take steps to mitigate or
Coronavirus Disease 2019 (COVID-19) & Legal Advice: The Law Office of Lacey Lyons Rezanka provides an easily accessible and comprehensive approach to help you meet your estate planning and business litigation needs through our “Virtual Office” solution from the safety of your home or business. We are all facing the realities
ATTORNEY STEPHEN J. LACEY, GUEST COLUMNIST As you might recall, last month I dedicated my article to the impact of the SECURE Act when doing estate planning with retirement accounts or IRAs. In the article, I concluded that we may be able to mimic the stretch IRA benefits by utilizing