All posts by Amir Wat

Maria R.

Our closing experience was amazing! Everything went so smoothly. Everyone was very nice and friendly and they explained everything throughout our closing. I would definitely recommend and use them again! Thank you!

Ian B.

It was a great pleasure working with the Merideth Nagel team. You were really good and understanding. If we ever get the opportunity we will certainly recommend Joni Story and Concierge Services to anyone.

Linda S.

Thank you for such an easy closing. You all were incredible.

Greg D.

Best closing ever.

Bianca H.

Amazing top professional experience! Friendly and very organized staff! Thank you so much.

Iesha M.

Concierge Title Services went above and beyond. Thank you!!

Tanner E.

Best closing experience ever! Everything was handled with precision and care! So excited for our new home!

Margaret T

If I could give a 10 star I would. I had a very good experience dealing with Ms Nagel, She was on top of my situation quickly and I was so very much happy with my results that I got. Made me the happiest person when I got my results!!! I want to thank you very much for all your help and god bless!!!! Thank you again I would definitely do business with her again.

What You Should Know About Adoption in Florida

WHAT IS ADOPTION?

Adoption is the legal procedure by which a child becomes, through court action, part of a family other than that of his or her birth parents. Adoption is a serious matter for all concerned. It determines the entire future of the child because it permanently severs ties with birth parents and relatives and transfers the child into a new family where he or she will remain permanently. The new family is responsible for providing the child with the care and guidance necessary in life that will determine the kind of adult he or she will become. To the birth parents, adoption usually means relinquishing the child forever without the privilege of seeing the child or being otherwise involved in the child’s life. However in some types of adoptions, called open adoption, birth parents retain the right to communicate or visit the child. Additionally, the birth parents are permanently relieved of all responsibilities of the child’s care and financial needs.

To the adoptive parents, adoption means providing for and undertaking the care of a child to whom they will have the same obligations to as a child naturally born to them.

Any minor (a person under 18 years) present within the state when the petition for adoption is filed may be adopted. Sibling groups may also be adopted together. An adult may also be adopted. This pamphlet deals with adoption of minors. The procedure for adults is similarbut considerably simpler.

WHO MAY ADOPT A CHILD?

Adults who live and work in the state, are of good character, and have the ability to nurture and provide for a child may adopt. Single adults, as well as married couples, may adopt. A stepparent may adopt his or her spouse’s children. A person may not be prohibited from adopting solely because of a physical disability unless it is determined that the disability renders the person incapable of being an effective parent. Florida law no longer prevents gay adoption.

GENERAL INFORMATION ABOUT ADOPTION PROCEDURES

An adoption establishes a legal parent-child relationship between the adoptee and the adoptive parents. This legal relationship is identical to the legal biological parentchild relationship. Florida law authorizes adoptions for all persons, minors and adults. A successful adoption is a joyful moment for all the parties involved. Any individual or couple considering adoption should be aware that some adoptions develop complications and they should fully educate themselves on the potential problems and pitfalls. Florida’s current adoption law balances the interests of all parties, the biological parents, the adoptee and the adoptive parents. However, the biological parent’s rights are primary until that parent voluntarily surrenders their rights or fails to act to protect their rights under Florida Law. Four types of adoptions exist in Florida: The entity adoption (an agency or intermediary facilitated adoption), the step-parent adoption, the close relative and the adult adoption. Each type of adoption has unique procedure. A court presiding over any Florida Adoption must receive proof that facts exist to terminate the biological relationship forever. A biological parent may properly execute a consent for adoption and surrender his/her rights to their child. Alternatively, a court must hear proof that the parent has abused, abandoned or neglected the child or otherwise failed to protect their parental rights under Florida law. For example, although there are exceptions, an unmarried biological father must register his paternity with Florida’s Putative Father Registry; otherwise, the court will not require his consent before proceeding to complete an adoption plan. An unmarried biological father must register his paternity prior to the filing of a petition to terminate his rights or within 30 days of service of a Notice of Intended Adoption Plan. The adoption entity involved with the placement is required to serve a known and locatable unmarried biological father with a Notice of Intended Adoption plan that advises him of Florida’s Putative Father Registry and the steps he must take to avoid a default and waiver of any claim of rights to the child. The adult adoption is an exception to this rule. The consent of the biological and legal parents are not required to complete such an adoption, however, the petitioner must provide notice to the biological or legal parents. A consent for adoption is only valid and binding when executed pursuant to the specific requirements of Florida Law. When a child under the age of six months is placed for adoption, the biological mother may not sign her consent for adoption until forty-eight hours after the child’s birth or on her date of discharge from the hospital or birth center which ever time is earlier. In these circumstances, a birth father may sign a consent for adoption at any time after the child’s birth. Additionally, a legal or biological father may sign an irrevocable Affidavit of Non-paternity at any time, before or after the child’s birth, relinquishing parental rights.

When a child is six months of age or older, the mother and father may sign the consent at any time and their consent is subject to a revocation period of 3 business days. In either case, once the consents are signed with witnesses and notary, and the revocation period has passed if the child is six months or older, only the co urt presiding over the adoption can overturn the consents upon a finding that the consents were taken by fraud or duress. After a court issues a judgment terminating the biological parent-child relationship, the time frame for completing the adoption differs. In the case of an entity adoption, the adoptive parents are not eligible to finalize their adoption until 30 days after the judgment terminating parental rights or 90 days after placement of the child in their home, which ever event occurs later. In the step-parent, close relative and adult adoption, the adoptive parents are eligible to immediately finalize their adoption. Additionally, in stepparent and close relative adoptions, the adopting parent(s) have the option of proceeding in a unified legal process in which the order finalizing the adoption also simultaneously terminates parental rights. A unified proceeding is typical for adult adoptions. When pursuing the entity adoption, prospective adoptive parents must decide whether to pursue their adoption through an agency or an attorney (“intermediary”). Prospective Adoptive Parents should only chose an adoption entity that instills in them a significant level of trust. They should fully research the entity’s credentials, obtain references and recommendations and fully understand the procedures and costs. The same law applies to both the agency and the attorney/intermediary adoption. Step-parent adoptions are common when one biological parent is willing to give up their parental rights to that step-parent. After adoption, the step-parent has all rights and responsibilities of the biological parent. In step-parent adoptions, as with all other adoptions, if the child is twelve years of age or older, he or she must give his/her consent to the adoption and must be interviewed prior to signing the consent. The adoption process is complicated, thus it is very important to consult an attorney when contemplating any type of adoption. If you believe you need legal advice, call your attorney.

WHO MUST CONSENT TO THE ADOPTION?

Unless the consent is excused by the court, the proper written consent for adoption must be received from:

a. The birth mother;

b. The birth father, if:

  1. The minor was conceived or born while the father
    was married to the mother;
  2. The minor is his child by adoption;
  3. The minor has been adjudicated by the court to be his child by the date a petition is filed for termination of parental rights;
  4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) by the date a petition is filed for termination of parental rights; or
  5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of s. 63.062 (2).

c. The minor, if 12 years of age or older, unless the court in the best interest of the minor dispenses with the minor’s consent.

d. Any person lawfully entitled to custody of the minor if required by the court.

e. The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor does not have authority to consent to the adoption.

WHAT IS THE ADOPTION PROCEDURE AFTER PLACEMENT?

After a child is placed for adoption with an adoptive family, the adoptive family will desire to have the adoption finalized. To do this, the adoptive family must file a petition for adoption with the clerk of court. This is generally filed in the county in which the termination of parental rights took place. The petition must be filed within 60 days of the termination of parental rights judgment. The matter cannot be heard for final hearing until the child has been with the adoptive family at least 90 days. The exception to this 90 day rule is for relative and step parent adoptions.

The petition for adoption is generally prepared and filed through an attorney. If the child was placed through an attorney/intermediary, generally that same attorney handles the preparation and filing of the necessary legal papers for the finalization of the adoption.

WHAT IS NECESSARY TO FINALIZE THE ADOPTION?

The adoption is “finalized” at a final hearing. The adoptive parent(s) must be present, but may be given permission to appear telephonically with a notary to identify them to the court. The favorable final report of the agency or social worker must be filed with the court. The attorney handling the adoption will prepare the necessary papers for the court’s consideration and present the necessary testimony and evidence to the court. Assuming that all requirements of the statutes and court have been met, the judge will sign a final judgment of adoption. The final judgment of adoption awards the adoptive family parental rights of the children.

WHAT ARE THE EFFECTS OF THE ADOPTION?

As a result of the final judgment of adoption being granted, the adoptive family permanently assumes all parental rights and responsibilities for the child, with the birth parents’ parental rights and responsibilities previously being terminated. The first effect of this is that the child’s name is generally changed to whatever the adoptive family desires. This is accomplished with the vital statistics office of the state in which the child was born. The paperwork for this is prepared by the attorney or agency. The original birth certificate is sealed and not readily available again to anyone. A new birth certificate is prepared which shows the adoptive parents to be the child’s natural parents and states the child’s new name. This new birth certificate is mailed to the attorney or agency and forwarded to the adoptive family.

Once the new birth certificate is received by the adoptive family, they may apply for a new Social Security number, a passport for the child, and open accounts on behalf of the child.

For all legal purposes, the adopted child will be considered the natural child of the adoptive family. Further, the adopted child will be legally considered as if he/she were born into the adopted family. That child will be deemed equal with all other children that may then be or later come into the adopted family. This means that the adopted child will inherit equally to those children biologically born into family for purposes of estates and wills or divorce. It is as though the child was born into the adoptive family initially.

WHAT IS THE ADOPTION REGISTRY?

The Department of Children and Families maintains an Adoption Reunion Registry for the benefit of adopted children. At or about the time that the birth parents sign the consent for adoption, the initial election to be on the registry or not is also generally made by a signed statement. If the birth parent elects to be listed on the registry, then that parent’s identity may be released to the child after the child attains the age of 18 years. The birth parent who elects to be on the registry should keep the registry advised of name and address changes, so current information can be supplied to the child. On the other hand, if the birth parent elects not to be on the registry, no information will be given to the child by the Department of Children and Families (DCF) after the child attains age 18. A birth parent may change his or her mind concerning the registry as time passes. A birth parent may go on or off the registry as many times as necessary until the child attains the age of 18. After the child attains the age of 18, if he or she desires to learn the identity of the birth parents, the child may inquire of the Adoption Reunion Registry. If the birth parent is listed, then that information will be given to the child. If the birth parent is not listed, it is because no authorization was given to DCF to release this information and no identifying information will be released. Unless the child makes an inquiry, no information is extended from the registry. If the birth parent is listed on the registry and the child makes an inquiry, the decision of whether or not the child desires to contact the birth parent lies with the child. Section 63.054, Florida Statutes has provided for the establishment of a Putative Father Registry in the Office of Vital Statistics (OVS), Florida Department of Health(DOH). The purpose of the registry is to permit a man alleging to be the biological father of a child to assert his parentage, independent of the mother, and preserve his rights as a parent. This registry may also expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their child. For purposes of this provision registrant means an “unmarried biological father.” The information provided is not designed to be legal advice. Questions concerning paternity, presumptions of paternity, or rights and responsibilities of a parent should be directed to an attorney. If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be lost entirely, or greatly diminished, by his failure to timely comply with the available legal steps to substantiate a parental interest.

A MAN IS PRESUMED TO BE THE BIOLOGICAL FATHER IF:

1) He was married to the mother at the time of the child’s birth or conception;

2) The mother was not married at the time of the birth and the man acknowledged paternity at the hospital at the time of the child’s birth;

3) The mother was not married at the time of the birth and the man acknowledged paternity subsequent to the birth by filing a Consenting Affidavit Acknowledging Paternity, DH 432, with the Office of Vital Statistics prior to the date that a petition for termination of parental
rights is filed with the court and the record has been amended to reflect him as father; or

4) Paternity has been adjudicated by a court before the date a petition for termination of parental rights is filed with the court. An unmarried biological father must contact the Office of Vital Statistics, Florida Department of Health to register his paternity. A man may register his paternity prior to the child’s birth, but no later that the date a petition to terminate his parental rights is filed with the court or 30 days after he is served with a Notice of Intended Adoption Plan. All information concerning the registry is provided in each branch office of the Department of Health as well as on the Office of Vital Statistics Web site. All father’s identified by the biological mother as a potential biological father are entitled to Notice of Adoption Plan, regardless of whether their consent is required to complete the adoption as stated above. Florida law requires that an adoption entity notify all identified and locatable biological fathers before the court can terminate the biological rights in furtherance of an adoption. The adoption entity complies with this provision of the law by serving a 30 day Notice of Intended Adoption Plan or securing a properly executed Affidavit of Non-Paternity or Adoption Consent. A potential biological father only has the right to notice when the biological mother identifies him by the date she signs her adoption consent.

CITIZENSHIP

Adoption of a child from another country is governed by federal law. Residents of Florida must comply with Chapter 63 home study requirements, and follow the instructions of the Bureau of Citizen Services of the Department of Homeland Security. Children adopted abroad by parents who are present at the foreign court hearing become United States citizens when they enter the United States of America. Parents who are not present at the foreign court must file formal adoption proceedings in Florida to complete their adoption and for the child to become a United States citizen.

The material in this pamphlet represents general legal advice. Since the law is continually changing, some provisions in this pamphlet may be out of date. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.

Chandra Neilly

Chandra Neilly is an seasoned client relations professional with over 16 years of experience in public and customer service. Before coming to Merideth Nagel, P.A. she worked as a receptionist for the Clermont Health and Rehabilitation Center. Ms. Neilly enjoys that her job allows her to connect with many different kinds of people and that she is always learning something new. A proud grandmother of 15, Ms. Neilly loves spending time with her family, playing tennis, and watching movies.

3 Reasons Why A Real Estate Lawyer Will End Up Saving You Money

“I’m not going to hire a real estate lawyer because they’re too expensive.” “I don’t really need an attorney, I’m sure I can figure this out on my own.”

We all love saving money, and for many people it seems counter-intuitive that a real estate lawyer could actually save them money, instead of just costing them. But for legal matters relating to your home (likely your most valuable investment!) the cost of a good lawyer is a drop in the bucket compared to what you’ll pay in legal mistakes.

“A large portion of my business is helping solve problems that could have been avoided had the client come to me from the start, when they first made the contract they’re now disputing,” says attorney Merideth Nagel. “We could have avoided the problem from the beginning, but now an avoidable problem  has turned into a $25,000 litigation.”

Not convinced? Here are three specific ways hiring a real estate attorney can save you money and protect your valuable investment.

  1. Contract Review: Ensuring Your Interests are Protected

Who is making sure all your technical questions are answered and that your overall interests are represented in fine print? A real estate attorney is integral to this process and can provide overall peace of mind while you’re wading through mortgage agreements and paperwork. These agreements are extremely complicated. Without an attorney, there’s always a risk you’ll make a mistake which could end up costing you thousands of dollars later, and by then you’ll definitely need to call a lawyer anyway.

 

  1. Title Protection: Making Sure You Actually Own What You’re Buying or Selling

A real estate attorney’s main goal is to prevent expensive problems for their client’s future. An attorney can guarantee that the home you’re purchasing or selling has clean title, and protect you from situations when a previous owner comes out of the woodwork with claim to the property. They can also navigate zoning issues, as well as any legal restrictions imposed by a prior owner that may hinder your ability to buy/sell.

 

  1. Closing Costs: Successfully Navigating Fees and Tax

Your real estate lawyer knows the ins and outs closings, and will be able to make sure you get a good deal on your closing costs. Additionally your lawyer can help avoid the extraneous fees title companies often charge.  “Typically,” says Nagel, “we can save  the clients hundreds in closing costs all while providing you peace of mind through the entire closing process.”

“I would encourage people, when embarking on the journey of buying or selling a property, to go see a lawyer.  That lawyer of course does not have to be me – only a lawyer experienced in real estate matters,” says Nagel.

At the end of the day, hiring a real estate lawyer gives you  peace of mind that all legal issues surrounding your property will be handled efficiently and most importantly, correctly. You want to ensure that you’re protected from fraud, loopholes, and from simple negligence. The decision is ultimately up to you!

Government Shutdown Causing Problems for Attorneys, Title Companies, Buyers and Sellers Alike

With the current government shutdown threatening to become the longest in U.S history, we’re beginning to see disruptive consequences for lenders, homebuyers, attorneys and title companies.

 

“With each day the shutdown continues, we can expect an increase in the impacts on potential homeowners, home sellers and the entire housing market.” says the U.S. Department of Housing and Urban Development. “A protracted shutdown could see a decline in home sales, reversing the trend toward a strengthening market that we’ve been experiencing.”

Why is the shutdown potentially causing problems for the housing market? Specifically, it has to do with delays in essential paperwork. It’s been reported that during the shutdown only 12% of Internal Revenue Service (IRS) employees are still on the job, and they are limited in their power to process transcript requests crucial to lenders and homebuyers.

The shutdown is causing similar issues for title companies trying to obtain lien payoff information from the IRS. With IRS employees limited or unable to do their jobs under the shutdown, a backlog of essential requests from title companies are piling up. Bill Burding NTP, executive vice president and general counsel for Orange Coast Title Co., described this as a “big problem” for the industry as deals are either being delayed or cancelled.

Nick Hacker, president/ and CEO of North Dakota Guaranty & Title, said one underwriter his company works with has advised against closing deals involving IRS liens. The company is also holding some seller proceeds until the payoffs are confirmed in order to continue closing transactions.

Flexibility and planning will be required to overcome these hurdles, as well as individual companies committed to handling these concerns with care and integrity for the consumer.

A Legacy of Law

Merideth Nagel’s passion for practicing law began when she saw firsthand how her uncle, the late Senator Richard Langley, made a positive and tangible difference in people’s lives through his work as a lawyer. “My mother was a working mom, and growing up my after school care was working in Uncle Dick’s law office. I would empty the trash cans, I would do filing.” says Nagel. “Over those years I saw countless people coming in with a legal problem and Langley could solve it, or an important question that he would be able to answer. I thought to myself, ‘This is what I want to do. I want to be able to really help people as they go through difficult times.’ It all started because I started emptying the trash cans in my uncle’s law office.”

After graduating from law school with honors in 1996, Nagel begin working with Florida Supreme Court Justice Barbara Pariente, often staying up late into the night to keep up with the workload. “Pariente taught me so much about how to understand the law, and more importantly its impact on people. Law is not just an esoteric force, it impacts every single person over the course of their lives.” says Nagel. “In that way she reiterated why I originally wanted to be a lawyer. She was teaching me that our work is bigger than the law, it’s about how the law can change people’s lives.”

After gaining experience and expertise working with big name clients like Boston Market, Firestone Tires, and McDonalds as an attorney at the international law firm Holland & Knight, Nagel knew she needed to go back to her roots in Clermont. “When I started my own firm in 2005, I knew I wanted to work locally and build up our community. Instead of having Boston Market as a client, I had smaller mom and pop businesses.” says Nagel. “I love it, because I can fight for my clients’ legal needs but also be there for them on a personal level. I can walk alongside them and support them during their difficult time. This is what brings me the most joy and happiness: bringing that human element, being there for the local client.”

In 2010, Ms. Nagel’s passion for law came full circle as her original mentor, Senator Richard Langley, joined her own law firm after he had retired his own practice. “He worked with me until he passed away. There’s several times a week I think about Dick Langley, and what Dick Langley would do.” confides Nagel. Since 2005, Nagel and the staff at Merideth Nagel P.A. have been guided by the famous words of Margaret Mead: “Never doubt that a small group of thoughtful, committed people can change the world.” Nagel runs her business dedicated to the belief that through hard work and caring for people, she can change the world, one client at a time.

Subhas S

I have worked with Ms. Merideth Nagel PA and staff for many years now and I can sincerely say that they are the most efficient title company I have ever worked with. The legal department is also amazing!!! These people get things done professionally and efficiently. Thank you Ms. Nagel, Susan, Joni, Ashley, Tina, and the rest of the staff!!!

Ken Sam M

Fantastic job. It was a long road we traveled down with family members all believing they were right. Between Merideth Nagel and our mediator Rick Joyce we came to a most agreeable conclusion to a long emotionally draining experience.
Thank you all for an outstanding job and the patience and knowledge to make the right call.

Caren Geyer

Caren Geyer’s family has lived in Clermont for generations. She graduated from Clermont High School and went on to work as a legal assistant prior to attending and graduating from college. In 1995, Caren returned to the legal field as a paralegal and office manager where she has worked for the past 24 years, perfecting her skills and assisting attorneys in several high-profile nationally recognized cases. Although Ms. Geyer is well-educated in several areas of law, she currently provides her expertise as Merideth Nagel P.A’s Family Law and Civil Litigation Paralegal.

Caren spends as much of her spare time as possible with her daughter, Athena, her son-in-law, Dustin, and two youngest grandsons, Lincoln and Leland. Although Caren’s other daughters and grandchildren live out of state, she sees them as much as she can. She also enjoys reading, gardening and spending time with her pets and friends.

Tracy Attaway

Tracy Attaway is a native Floridian. She moved to the Central Florida area in 1990 where she began working as a receptionist at a small law firm in downtown Orlando in January, 1991. She obtained her AS degree in Legal Assisting from Valencia Community College and then became a Florida Registered Paralegal. She has worked as a Paralegal for the past twenty years handling all types of residential and commercial closings. Tracy loves meeting new people and guiding them through their legal processes, as well as writing poetry, spending quality time with family, and being with her husband and son.

Senator Langley discusses his 52 years of practicing law

Senator Langley describes how practicing law has changed over the five decades of his service in this latest edition of the Central Florida Legalcast.

FIRPTA – Foreign Investment in Real Property Tax Act

What is the Foreign Investment in Real Property Tax Act (FIRPTA) and why is it important? Find out in this latest  edition of the Central Florida Legalcast with host Leon Bloder and guest Merideth Nagel.

Close your real estate transaction with an attorney

Today we correct the name of the podcast to “Central Florida Legal Cast” and our host Leon Bloder speaks with co-host Merideth Nagel about the benefits of using an attorney to handle your important real estate transactions and how to avoid many of the problems associated with using a less equipped agency.

 

Real estate sales have never been “easy,” but over the past years, with the proliferation of foreclosures and short-sales, and the new Dodd-Frank and other RESPA regulations, closing real estate transactions has become exponentially more difficult.

According to the American Land Title Association, 30% of all real estate closings involve significant title problems. You’ve worked hard to sell your property, or to find the property perfect for your needs – why would you take a chance with a title company at closing, when you could have an attorney working for you to resolve those title problems, at the same rate, or even less, than title companies charge?

A real estate attorney can be by your side throughout the entire transaction. If problems arise during negotiations, a real estate attorney can help make sure the contract provisions are legally valid and align with your needs and intentions. After the contract is executed a real estate attorney can help explain the results of the title examination, handle any title problems that might be revealed or might arise, and draft all necessary title insurance and closing documents to bring you successfully to closing, again, in many cases for the same price or less than a title company might charge. With an attorney to handle any obstacles that might arise, you can rest easy knowing you are protected. As a professional trained and experienced in the complexities of real estate law, I can help provide you the security you need before and after the closing. Typically I can provide all the services of a title company, plus the added value of legal expertise to handle any and all issues, with better protection for you, a faster and smoother transaction, less worry, and all at a cost no greater than that of a non-lawyer title company.

Call us today for more information on how we can help you complete a successful sale, whether residential or commercial. With almost $65 million in closed volume last year alone, we have the experience to handle any and all issues that may arise, and provide you the best experience possible.

Call today and ask to speak with attorney Merideth Nagel – 352-394-7408. Your consultation for real estate services is free. We look forward to speaking with you.

Alimony Reform in Florida

Join us for this podcast about possible changes in the Florida law surrounding alimony. In this session, host Leon Bloder speaks with attorney Merideth Nagel about what these changes could mean to the citizens of the great state of Florida.

 

Currently, the Court’s determination of an alimony award is factual and can vary widely from case-to-case. Generally speaking, an alimony award is based on need and ability to pay.

Florida Statutes Section 61.08 outlines the factors a court must consider in awarding alimony. Those factors are:

 

There are currently five types of alimony:

 

Generally, a change in circumstances is needed to modify a rehabilitative, durational and/or permanent alimony award. Alimony is also, generally, taxable to the recipient and deductible by the payor for tax purposes.

The alimony reform bill, which has currently passed both the House and Senate, makes considerable changes to how alimony is determined in Florida. Similar to how child support is calculated, the reform requires courts to use a formula to determine alimony awards. That formula is 0.015 times the number of years married, multiplied by the difference in gross income of the divorcing couple on the low end. On the high end, that multiplier number rises to 0.02. The range is designed to give judges some discretion. The duration of payments would be between 0.25 times the number of years married to 0.75 times the number of years married. It effectively abolishes permanent alimony.

For example, if one partner makes $100,000 a year and the other makes $10,000, and they were married for 10 years, the alimony payment would be between $13,500 and $18,000 a year. A judge can deviate from the formula, but must specifically delineate the reasons for doing so.

Additionally, the bill requires that time-sharing schedules start with a premise of an approximately equal amount of time with each parent. While the Family Law Section of the Florida Bar supports the alimony reform, they are not in favor of the time-sharing proposal.

The bill is set to apply only to divorces filed on or after October 1, 2016 and will not apply retroactively. However, it will apply retroactively to any modification sought.

Proponents of the bill argue that it will provide uniformity in alimony awards. Critics say that it disproportionately negatively affects women. The reform very clearly reduces judicial discretion. Governor Scott has yet to make a decision regarding the bill, though he vetoed a similar bill a few years ago.

Charitable Donation Attorney Ocoee

The Charitable Donation Attorney Ocoee Trusts

Are you looking for a trustworthy charitable donation attorney? Ocoee is home to Merideth Nagel, PA Attorneys at Law. With many years of experience in the fields of planned giving and charitable donations, we are the attorneys you can trust. We believe in changing the world and making it a better place, one client at a time.

We love that you are passionate about a cause or a couple of causes, and that you want to do your part to make the world a better place for others. However, we also know that you are careful as to which organizations you want to benefit from your donation. Maybe you want to be sure that all of your money is used towards your cause. Maybe the cause you want to donate to is not as well known, and you do not know where to start looking. Or maybe you want to donate on a regular basis to a couple of causes. We can set up a planned giving schedule with which you can be happy.

How Charitable Contributions Work

We are here to help you make the world a better place as well, by helping you invest your money in the charities that matter most to you. You want to be sure that your contributions are being spent in a proper and transparent way. This means being particular about who you donate to and how much you give.

We help you put together a portfolio of causes for your donations. Plus, these donations can qualify as a tax write off if you need the tax break. Let us help you understand the benefits of your donations and the charities to which you want to donate. We can help you plan for your philanthropic future and understand the tax benefits of donating.

Nagel Law Firm as Your Charitable Donation Attorney, Ocoee Area

We pop up when you search for “charitable donation attorneys Clermont” or “charitable donation attorney Ocoee,” in part because we cover many areas and cities in Central Florida. Whether you need a fresh start financially, want to secure a financial future, or are looking to donate your money to a good cause, you can trust and depend on us when it matters most.

Our staff and attorneys are dedicated to achieving positive outcomes, resolving disputes and protecting your future. When looking for charitable donation attorneys, Clermont residents as well as those in other parts of Central Florida turn to us. If you value integrity, ethics, honesty and hard work, then Nagel Law Firm may be a great fit for your needs as well.

We look forward to getting to know you personally and understanding your desires when it comes to donating. We are a reputable charitable donation attorney Ocoee residents have trusted for years. You can trust us, too.

Trust Attorneys Winter Garden

The Most Trusted Trust Attorneys Winter Garden Uses

Estate planning can be a painless process when you choose the trust attorneys Winter Garden recommends for the job. For residents of Central Florida, there is a good chance that your will was drawn in another state, and you want to know if it is enforceable in Florida to avoid the probate process. A well-thought-out estate plan can protect all your interests. As a dedicated attorney, Meredith Nagel, PA Attorneys at Law can help you get your affairs in order for the future.

When using us as their dedicated and experienced trust attorney, Ocoee and other Lake, Marion, Orange, Seminole and Sumpter county residents rest easy – and can you, knowing that we can help you protect what you have worked so hard to acquire throughout your lifetime. We not only educate you about the risks and benefits of the options available to you, but we give the advice you need to make the right estate planning decisions that will work best for your situation.

Why We are the Trust Attorneys Winter Garden Uses

We are a full service law firm that serves all of Central Florida. We are one of the most trusted trust attorneys Winter Garden residents use because we do not overcharge, and feel that you are the most important case at the time we are working on your situation. Likewise, when they need a trust attorney, Clermont residents know and trust us.

Whether you need a trust, estate planning advice, or to draw up a will or handle probate for a loved one, we are here to meet your needs in a caring and considerate manner. We are guided by the theory that we can change the world one client at a time by caring about you and your needs first and foremost. We have unyielding determination and genuine compassion for all our clients. We strive to find positive outcomes that make your life easier. These and other factors make us the trust attorney Clermont and other Central Florida city residents trust most.

No matter where in Central Florida you live and what your legal needs are, we can help you and guide you in the right direction. If you need legal advice on a matter we do not typically handle, we can direct you to a professional who can give you the best advice. We strive to go a step above other area attorneys because we believe in serving you. When seeking a trust attorney, Ocoee residents often think of Nagel Law Firm first and foremost.

We will never stop fighting for what is important to you or your family. It is important to protect you assets and the future of your family. Choose Nagel Law Firm as your most trusted confidant. We are the trust attorneys Winter Garden uses and recommends.

Planned Giving Lawyer Winter Garden

Your Planned Giving Lawyer – Winter Garden Charities

If you need a planned giving lawyer, Winter Garden offers you Meredith Nagel, PA Attorneys at Law. We have expertise in planned giving and planned future legal needs such as wills, estates, trusts and more. We are your trusted lawyer for all your philanthropic needs. Whether you want to give to one charity regularly or to multiple charities throughout the year, we can set you up with a charitable donation plan that will meet your needs and wants.

A Planned Giving Lawyer Winter Garden Trusts

Whether you have specific charities to which you want to donate, specific causes you are passionate about, or are looking at the tax benefits of donating, we can set up a portfolio that works with your needs. Whether you are retired and have some extra money you would like to donate or are a hard worker and want to see the fruits of your labor go to a good cause, we are here to help. We are dedicated to making the world a better place, one client at a time.

We seek to understand your needs and desires to help you place your money in the best charities based on your beliefs and wants. We understand that you want your money going to a good cause that you believe in and are passionate about. We are here to help you discover which charities are like-minded and would be the best places to invest you money. We take into consideration your needs, wants and desires to create the portfolio that will be in your best interests.

Tax Benefits of Charitable Donations

Your donation could qualify as a tax write off when you prepare your income taxes. We help you understand the tax benefits of your donations. Whether this is your primary reason for donating or just an added bonus, we help you plan for your charitable future by informing you of the best charities to donate and the tax benefits of donating. That is why we are the planned giving lawyer Winter Garden has grown to trust and appreciate.

Our clients enjoy working with us as we provide one on one service that you cannot get at other planned giving lawyers. Clermont and Winter Garden are areas that have a lot of money but lot of need as well, so your philanthropy can go a long way to benefit the causes of your choice. When looking for planned giving lawyers, Clermont residents as well as those in Winter Garden trust Nagel Law. Hire us as your chosen planned giving lawyer. Winter Garden philanthropists trust us, and so should you!

Land Use Attorney Ocoee

 

OWN A LAKE PROPERTY? MAYBE, MAYBE NOT! LAND USE & LAWYERS IN OCOEE, CLERMONT AND WINTER GARDEN

Why would anyone ever need a land use attorney? Ocoee residents have experienced a situation mush like this:

Sally and Frank Lakebuyer are ecstatically happy over the purchase of Lakeacre, a beautiful waterfront estate on Lake Beautiful in central Florida. They live their happily for several years, and their kids become sun-tanned water rats – and pretty darn good water skiers. Being good parents, Sally and Frank decide to put in a slalom ski course on their lake – nothing too fancy, just 22 plastic buoys anchored to the lake bottom.

Sally and Frank do a bit of internet research, purchase a kit for a course, and in one weekend have a fun and healthy hobby ready to go on their very own lake. They ski their hearts out for a couple of weeks, until an official from the Florida Department of Environmental Protection knocks on their door and starts asking questions about the floats in the lake. “It’s our lake”, say the Lakebuyers, “here is our deed”.

Too bad, says the FDEP. Your deed doesn’t mean anything. The State of Florida claims to own the bottom of Lake Beautiful, as “Sovereign Submerged Lands”. The course has to come out!

WHAT HAPPENED?! I HAVE A DEED?! I MUST OWN THE LAKE?!

The legalese and how a land use attorney in Ocoee can help.

Unfortunately, that deed for your property, at least the part that extends below something called the “Ordinary High Water Line” (just a fancy way of saying how high the water normally rises on a seasonal basis) may not be worth the paper it’s written on. Here is why, and what you can and should do about it BEFORE you buy lakefront property.

When Florida became a state in 1845, the state took title from the U.S. Government of all the land below the ordinary high water line of any waters that were “navigable”. “Navigable” doesn’t mean it had to have big steamboats running up and down, it only means that the water was capable of providing commerce to the local population. A canoe with a few furs in it, or maybe firewood for the next village. The gist is, the State of Florida generally claims every lake over 160 acres as “sovereign submerged land”.

The problem is, there is usually no notice to buyers of such property – no signs, no notations on deeds – the deed you get at closing may well show that you are buying the entire property, even the lake bottom– BUT YOU ARE NOT. In many cases you even pay property taxes on the “land” that the state owns. In a final insult, your title insurance will likely not cover a claim, since it probably contained a specific exclusion for lands below the ordinary high water line claimed by the state.

As an owner of lake edge, you still retain certain riparian rights to use the lake, even if the state owns the lake bottom. But they are more limited, harder to permit, and require a “lease” fee, paid to the State of Florida.

So before you purchase lakefront property, Do these things:

First, hire a qualified Ocoee land use attorney to represent you in the closing process.

Review the Title Commitment with that land use attorney, and look for the “sovereign submerged lands” exception discussed above.

Get a Sovereign Submerged Lands Determination from the Florida Department of Environmental Protection. The right attorney can help you with that as well.

Know before you close. It may be you can live with the state owning your lake bottom. In the case of Sally and Frank Lakebuyer, there was a happy ending. With the help of Ocoee land use lawyers here at Nagel Law, we were able to obtain a Sovereign Submerged Land Lease and an Environmental Resource Permit for their slalom course, even though it wasn’t easy or cheap.
The answer is the same as most legal issues — do your research up front, and avoid a surprise later! Do you have a situation that might require some the insights of a professional, or even legal action. Call Nagel Law, Clermont’s and Ocoee land use attorney experts for a free consultation.

 

Clermont Family Law Attorney

 

When you are in need of a Clermont family law attorney or divorce lawyer, call the Nagel Law Firm.

If you are going through a divorce or custody dispute you need a compassionate and knowledgeable Clermont family law attorney. Clermont and Lake County residents can turn to Nagel Law Firm to explain all the options during this emotionally difficult time. Rather than working on a huge volume of cases, our divorce attorneys provide one-on-one advice and compassion for the unique circumstances of youe case, working with you to meet your needs and priorities. Our experienced Clermont family law lawyers understand the emotional challenges that a divorce or custody dispute can create.

During a divorce or paternity action you need Clermont family law attorneys to explain the process and help you obtain an outcome that meets your current and future needs. A divorce or family law lawyer, Clermont residents know, can advise you as to your options regarding custody, property distribution, alimony and child support and help you obtain the results you desire.

Types of Issues in a Family Law Case

There are many issues that can arise during a family law case, making it all the more vital that you choose a Clermont family law attorney or divorce lawyer that can work with you on the specifics of your individual needs. Divorce lawyers have the knowledge and experience to help you navigate divorce. First, if there are children involved, you need a knowledgeable and experienced Clermont divorce attorney who can help you settle custody issues. This will involve deciding issues relating to timesharing and parental responsibility in the light of the best interests of the children.

A second type of issue typically involved in a divorce case is property division. In Florida, the Court will take an equitable distribution approach to splitting up property. Your Clermont divorce lawyer can guide you through this process and help you plan for all outcomes. It is important to know your rights before the marriage is dissolved and defend them. Lake County residents have trusted in Nagel Law Firm’s expertise in these matters for quite some time.
Finally, there are often issues relating to alimony and child support. The Nagel Law Firm’s divorce attorneys can explain the different types of support and how to obtain the support you need now and for the future. These are decisions that will effect your for a long time, so it is important to get it right.

A Client First Approach From a Family Law Attorneys Clermont Residents Can Trust

 

Nagel Law Firm believes in changing the world, one client at a time. Each case is viewed with personal interest and attention, putting your goals and needs as clients first. You will meet with one of our experienced and qualified divorce attorneys to establish what sort of issues will arise. You will be advised by the Nagel Law Firm as to your rights and what the law entitles you to relating to property division, custody, alimony and child support. If you are looking for a family law attorney, Clermont can turn to Nagel Law Firm.

 

Criminal Defense Attorney Clermont

 

When you are in need of a Clermont criminal defense attorney call the Nagel Law Firm for your free, criminal consultation.

If you are arrested in Lake County, you will need an experienced Clermont criminal defense lawyer you can count on to fight for you. After an arrest, Clermont and Lake County residents can turn to Nagel Law Firm to evaluate your criminal case and ensure your rights are protected. Nagel Law Firm provides experienced Clermont criminal defense attorneys to give you one-on-one advice and options for your case, working with you to protect your rights.

Whether you have been charged with a misdemeanor or felony, Nagel Law Firm can help. A criminal defense attorney, Clermont residents know, will guide you through the process and ensure your rights are protected.

Types of Criminal Matters the Expert Criminal Defense Lawyers at Nagel Law Firm Handle

The Nagel Law firm can help Clermont and Lake County residents arrested for misdemeanors, felonies and DUI. Our experienced criminal defense lawyers can help you from arrest through trial. Being arrested and charged with a felony, misdemeanor or DUI can have far ranging consequences. Our Clermont criminal defense attorney can help protect your rights. We will fight for you.

A Client First Approach From a Criminal Defense Attorney, Clermont, Ocoee and Winter Garden Can Trust

Nagel Law Firm believes in changing the world, one client at a time. Each case is viewed with personal interest and attention, putting your needs as clients first. You will meet with one of our Clermont criminal defense lawyers who will help ensure your rights are protected. You can count on compassionate, personal attention from a proven expert with a know-how and experience to win important cases. Call us today for a free consultation.When looking for a criminal defense attorney, Clermont can trust Nagel Law Firm.

 

Winter Park Foreclosure Lawyer

What You Need From a Foreclosure Lawyer: Winter Park Citizen Advocate

It’s an unfortunate trend that more and more people need a foreclosure lawyer. Winter Park citizens that were once in stable financial and home positions may have found their situations drastically changed, perhaps overnight, and don’t know how they can handle potentially losing their homes. This becomes even more difficult for many when they realize that they may have options but aren’t necessarily in a position to find them out or use what is available to them. Fortunately, there are at least a few things that many home owners can do.

Find a Foreclosure Lawyer: Winter Park Edition

Since laws can change drastically from area to area, it’s important to make sure that you find the right foreclosure lawyers. Clermont may have different regulations and legal frameworks to deal with than Winter Park, so make sure that whoever you’re working with is familiar with the area and capable of handling your specific situation.

Understand also that not all foreclosure defense is successful, and sometimes you may end up in a bad situation no matter how good your foreclosure lawyers. Apopka families, Altamonte singles, Oviedo workers: they’ve all felt the sting of a bad economy paired with home ownership.

That being said, that doesn’t mean that you don’t have options. In many cases, for example, foreclosures are brought against active duty military members who have certain protections put in place to prevent this from happening. Similarly, there are times when a lender doesn’t provide the borrower with the various options and notifications that are required in order to try and avoid foreclosure. If you feel the process was too quick or that you weren’t communicated with enough, it might be worth contacting a foreclosure lawyer. Winter Park homes have been saved by borrowers skipping key steps in the process.

Finally, there are times when a contract itself can be found deficient by foreclosure lawyers. Clermont homeowners, for example, might not realize that their mortgage is written with a bias against them until it’s too late. That’s not even the worst that can be found by foreclosure lawyers. Apopka families have been kicked out of their homes because they signed a contract they did not fully understand due to a language barrier, for example, that lenders were aware of.

Getting the Best

You can be sure that when you sign on with the Meredith Nagel Law Firm, you’re getting the absolute best advocates who will look for every possible method to defend you against a foreclosure. We are highly trained and will go out of our way to mount the best possible defense for you.

Don’t take a chance on another foreclosure layer, Winter Park advocate, or citizen group. Contact the best today.

Apopka Foreclosure Lawyers

Foreclosure Lawyers Apopka Residents Can Trust

Foreclosure lawyers, Apopka residents know, can be the difference between knowing your options for facing foreclosure and simply losing your home. No one wants to be the victim of a foreclosure proceeding, but with a tough economy and many financial obligations, some home owners face the daunting reality of having their homes foreclosed on. Rather than just letting the bank take your home, however, you need to explore your options.

While there is no guarantee, simply giving up your house is not the best course for many people. If you are looking for a foreclosure lawyer, Clermont area residents, Apopka residents, and Winter Park residents have easy access to a reputable lawyer who puts the needs of their clients first. Nagel Law Firm offers a wide variety of services, including foreclosure lawyers Apopka residents can use.

If You Need Foreclosure Lawyers, Apopka Residents Can Turn to Nagel Law Firm’s Expertise

While there is no guarantee of successful defense against foreclosure proceedings, a foreclosure lawyer, Winter Park area residents will find, can be helpful in knowing your options and possibly saving your home. When facing a foreclosure procedure, however, you need someone to explain your options. A foreclosure lawyer, Clermont area or otherwise, should be able to look at your case, analyze the situation and help explain your options.

Nagel Law Firm operates in Lake, Marion, Orange, and Seminole counties, providing you legal assistance in your foreclosure case so that you can make the best choices for your financial situation now and for the future. We will work closely with you, reviewing your case and outlining your options. It is important, however, that you quickly contact a foreclosure lawyer; Winter Park, Clermont, and other cities can move quickly on foreclosure cases, and having time to investigate your situation is crucial to getting solid advice.

Many Options Mean You Need Personalized Assistance

Meredith Nagel believes in helping our clients one case at a time. Because of our personal approach, your case particulars will need to be reviewed and individually gone over. There is no prescribed answer or standard defense, particularly in a foreclosure case. Military service, contract breaches on the part of the lender, misinformation, or other extenuating circumstances can all affect the status of your home loan and may be used as a defense for foreclosure when suitable. While there is no guarantee that seeking legal council will forestall a foreclosure, Nagel Law Firm, working as foreclosure lawyers Apopka residents can trust, can explain your options to you today.

Planned Giving Attorney In Apopka

What to Look For in a Planned Giving Attorney, Apopka Lawyer

If you’ve been fortunate enough to be able to give in large amounts, you might need a planned giving attorney. Apopka has a number of local charities, not to mention the hundreds of thousands of worthy causes both nationally and internationally to choose from. The problem is that it is not only difficult to find out where to do the most good, but many people have trouble following up on donations regularly. With a well-trained lawyer handling these affairs, you can be confident in your giving.

Getting the Right Attorney

The biggest problem is often that you have to be sure to get the right planned giving attorneys. Clermont, Altamonte, and the rest of the Orlando metro area have a number of firms that are eager to do this, but not all of them have the experience or the time to do it right. Moreover, they may not take that sort of job as seriously as it should be taken.

Meredith Nagel, PA Attorneys at Law has a number of highly trained and experienced planned giving attorneys. Winter Park businessmen, Oviedo retirees, and so many others have come to our firm because they can be sure that we are paying attention to what they have to say and guiding their money in directions that are consistent with their values.

We believe that you should be able to trust your planned giving attorney. Apopka residents of all sorts have come to us asking for help in making sure that the money they have to give will go to help the most people, will be able to move when necessary (such as in response to a disaster), or will just stay out of the hands of scammers.

We also want to help people give back to their communities whenever possible. Here is one piece of advice you may attribute to our planned giving attorneys: “Clermont has needs, too.” That’s why they can help develop a portfolio that will spread what you have to where it will be most effective.

Extend Your Reach With a Planned Giving Attorney. Apopka and Beyond Will Appreciate It

You can be sure that when you contract Nagel Law to help you with your charitable giving, we will do our best to make sure that your generosity goes as far as possible, propping up causes that matter to you and assisting as best you can. Whether you want to give to environmental causes, veterans, children’s charities, or anything else, it’s not beyond the skill of our planned giving attorneys. Winter Park socialites, UCF area activists, and many others have assisted the causes they care about most with our help.

Don’t wait to hire a planned giving attorney. Apopka and so many other places need your help now.

Apopka Trust Attorney

Need a Trust Attorney? Apopka Residents Know Where to Turn

Many people don’t understand the benefit of a high quality trust attorney. Apopka has a number of families that own various amounts of property and want to make sure that it is administered properly, both before and after their death. Being confident that the legal help you’re getting will not only protect the beneficiaries, but also the trustee, will significantly reduce the stress that is involved in this sort of legal planning, so why not make sure that you’re working with the best? You can count on our trust attorneys; Clermont, Apopka, and families all over the Orlando Metro already do.

Picking a Trust Attorney: Apopka and the Surrounding Areas

The problem with finding the right people to lay the legal foundation for property disposal is that you can’t always count on your trust attorney. Apopka has a number of them, but not enough to ensure that personal attention is paid to every client. Some firms are far too big, making it impossible to really feel as if your situation is important to them. Some simply can’t handle the workload or simply don’t have many trust attorneys. Winter Park has the same problem as so many of the other cities in the area: finding a law office of a size that they can do the job and still focus on your needs.
Merideth Nagel, PA Attorneys at Law doesn’t have this issue. Our office is large enough that you can be sure that our staff will treat your trust with the gravity it deserves, but it isn’t so large that you will feel disconnected from your trust attorneys. Clermont grandmothers, Oviedo business owners, downtown accountants: they all get the highest level of service when they walk in our door.
Moreover, it’s important to choose a firm that has goals that align with your interests. Here at Nagel Law we are committed to helping our clients protect their property and ensure that legal challenges to their clear and unambiguous wishes will go nowhere, as well as providing a framework so their trustees will be empowered to administer the trust in line with those desires.

Where We Practice
If you live in the Orlando Metro area, you can probably benefit from working with our trust attorneys: Winter Park, Clermont, Apopka, Altamonte Springs, Orlando proper, or any of the associated towns. We are experts in the applicable laws at both the state and federal levels, and can form trusts that will follow the path you lay out.
Come in for a consultation where our attorneys can determine if setting up a trust is the right answer for you, and how to start going about it. When it comes to getting a trust attorney, Apopka and the rest of the Orlando area can count on us.

Joshua Rosenberg

Josh was born and raised in Central Florida, growing up in Ocoee and Winter Garden. He Graduated from University of Central Florida with a Bachelor’s Degree in Legal Studies and a Minor in Business Administration. He is currently attending Barry University – Dwayne O. Andreas School of Law where he is working to obtain his Juris Doctor and is on the Executive Board of the Barry Law Review Journal.

With more than 10 years of experience in the legal field, Josh works with litigation matters but focuses primarily on Probate and Guardianship. With an aging population the largest in the country’s history, the need to assist not only the elderly but those in need of protection is growing, especially in Central Florida. Josh’s patience and knowledge of the guardianship system provide a comforting support to clients during what can often be a difficult time.

When he’s not studying for Law School or spending time with his lovely wife and two sons, Josh seeks solace in his garage, working with tools and his car.

Notices to Creditors in Bankruptcy Cases

Due to a provision in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, creditors must receive prompt notice of Chapter 7 and 13 bankruptcies consisting mostly of consumer debt. According to a Lake County bankruptcy lawyer, the last four digits of the debtor’s social security number must be included in the notice.

If a creditor provides a debtor with two or more communications stating the creditor’s current address and the debtor’s full account number within 90 days of the filing of a bankruptcy case, all further notices must be sent to that address. They must also contain the full account number.

Amendments and Designations

Sometimes, a notice contains an amendment adding a creditor to a bankruptcy schedule. Under such circumstances, the debtor is required to provide his full taxpayer ID number to the creditor. The last four digits of the ID number must be included on the copy of the notice that’s filed with the court.

The same act allows creditors to designate individual people or subdivisions of the company as official recipients of all notices. For this to happen, the creditor must file a notice of address in bankruptcy court specifying the address to which all notices must be sent. From there, the clerk of court enters the address in a nationwide database that’s used by all bankruptcy courts.

Copies of Necessary Documents

A creditor has the right to request copies of relevant documents and can do so by filing a request in court. The individual debtor must then provide copies of statements of financial affairs, schedules and petitions. He must also provide copies of the tax return or a summary of the return he filed with the trustee. Creditors must request these copies within 14 days of the meeting with creditors. If it’s a Chapter 13 bankruptcy, the debtor must also give the creditor a copy of the plan he’s filed, and this must be done at a reasonable cost to the creditor.

Hire an Experienced Lake County Bankruptcy Attorney Now

The best way to navigate the complicated bankruptcy process is with assistance from a skilled Lake County bankruptcy lawyer. Call Merideth Nagel, P.A., Attorney at Law at 352-404-4634 or toll-free at 877-580-6868 now.

Creditors and Claims in a Chapter 12 Bankruptcy

Chapter 12 is a reorganization bankruptcy designed primarily for consumers who derive at least 50% of their income from farming or fishing. If you qualify for this type of bankruptcy, there are advantages to filing thusly over a Chapter 13 which you can discuss with your Lake County bankruptcy attorneys. The following deals with creditors and claims in this specialized type of bankruptcy.

Creditor Claims

Once the meeting of creditors takes place, creditors in a Chapter 12 bankruptcy have 90 days in which to file their claims. Your Lake County bankruptcy lawyers can help answer any questions you have, but priority claims include the following:

– Any wages or commission not exceeding the annually adjusted amount that was earned within 180 days before the bankruptcy was filed;
– Any contributions to an employee benefit program made within 180 days of filing;
– Claims made by farmers or fishermen that do not exceed an annually adjusted amount;
– Deposits made by individuals in order to purchase or lease rental property/services; and
– Taxes.

There are four exceptions to the time limit for filing claims:

– Claims made by governmental entities;
– Claims made on behalf of infant children or incompetent individuals;
– Certain unsecured claims; and
– Claims that are born out of rejected executory contracts.

If You Believe You May Qualify for a Chapter 12 Bankruptcy, We Can Help

Lake County bankruptcy attorneys with our firm can help you with your Chapter 12 bankruptcy and enable you to save your business. Call Merideth Nagel, P.A., Attorney at Law today to arrange a consultation at 352-404-4634.

Facebook And Divorce: A Social Door For Marital Problems

Many use Facebook as a means of socially connecting with people and while the platform is appealing to many, the dangers are now being felt in many marriages across our country.   The Academy of Matrimonial Lawyers recently found that 81 percent of their members saw a significant rise in divorce cases attributed to social network sites like Facebook.  “It’s huge” states  Marlene Eskind Moses, the AAML president. Sites like Facebook are easy to use with little to no accountability. It insulates the user and those they associate with from exposure, allowing the transgressions to abound.

The average FB user has 130 friends on their wall, and they share with their friends and so on. You can see how the potential contacts are unlimited. Just the other day a message came to me stating that a “person” would like to be “friends” and other benefits…!  You can see that if there is trouble in a marriage  invitations like these can be extremely volatile.

Many divorce lawyers often mine Facebook to gather information on possible indiscretions and this trend is not going to slow down as we see the FB divorce connection increase. They are looking for the smoking gun and in most cases will find it. This is ultimately embarrassing and harmful to the entire family.

Here are some ways that the social networks can be used in a divorce case:

Lying: One case reported was that of a couple that just split up and was in the middle of a custody case. She claimed to be a stay at home mom 24/7. However, on her boyfriends page there were photos featuring: 1) Her at a bar partying, 2) Kissing her boyfriend, 3) Both in bathrobes at a posh hotel. What hurt her case the most was a picture of the boyfriend at the home with one of her kids, which violated a court order forbidding this. As a result the case settled quickly.

Pretending Broke:  When dealing with alimony and child support issues it is amazing what you can pick up from social media sites to “set” the record straight.  One case involved a man being sued for support who claimed he had no job. Unfortunately for him he liked to share his activities on twitter and FB. You see, he turned up as an owner of a popular night club in the Bronx using a fictitious name. Because of this finding, he had to pay a generous alimony settlement to his former wife.

Cheating: This one is the easiest to discover as people have come to think of social media as a safe place to vent. This could be furthest from the truth as information is shared and nothing is truly sacred. When looking at a divorce case attorneys are ever increasingly using FB to discover cheating. It has become easy as the photos, messages and hookups are posted and become viral.

Tips If You Are Using FB: -Stay away if you are upset or mad at your spouse. The temptation to entertain forbidden conversation is greatest while you are this vulnerable. -Keep you page private , and make it a habit to only accept family members or friends you know very well. -Stay away from sharing your intimate thoughts with those of the opposite sex. This is a recipe for disaster and the leading cause of infidelity on these social sites. -Do not “poke” old flames or those you were attracted to, especially if undergoing rough waters in your marriage. -Always allow your spouse to have an open door to your account. This will keep you accountable. When ever your significant other refuses to allow access, this is a strong indicator of impending trouble. Stay on top of this.

As you can see,  the advent of these social media sites come with a new set of challenges. Remember that what you share can become fodder for a potential divorce and nothing is sacred when discovering infidelities by an attorney. If you or a loved one thinks that a situation is occurring in the marriage please contact us for advice and a consultation.

Keep us bookmarked for more topics like this.

The Different Types of Bankruptcy

There are four different types of bankruptcy protection, all essentially designed to help debtors who are burdened with more debt than they are able to repay. Bankruptcy is usually for individuals, although two of the types of bankruptcy are also available to businesses. For more information about the types of bankruptcy protection, watch this video, brought to you by a bankruptcy attorney in Clermont who understands the distinctions. 

Calculating Secured Debt Expenses and Priority Claims

The means test form has a section titled “Other Payments.” For the purposes of this section, only debts that are required for the support of the debtor and their dependents may be used. A bankruptcy attorney in Lake County can help define these for you.

Cure Amounts and Priority Claims

In the event that the debtor is in arrears on a secured debt that’s required for the support of their family, the cure amount, or amount that’s required to bring the account current, must be provided. The total cure amount is then divided by 60 and added to the debtor’s monthly expenses as a part of the means test.

From there, the debt on all priority claims must be calculated by taking the total and dividing it by 60. This applies to priority claims with terms of 60 months or less. For priority claims with terms of more than 60 months, the monthly payment is used instead.

For the purposes of the means test, only the priority debts due at the time of filing may be used.

In a Chapter 13 bankruptcy, the cost of administrative expenses must also be listed in this section. However, the amount that’s deducted may not exceed 10 percent of the plan’s projected monthly payment amount. It is okay to use a reasonable estimate for this.

Hire a Skilled Bankruptcy Attorney in Lake County

Before worrying about completing the means test, you need to retain a competent Lake County bankruptcy lawyer. Call Merideth Nagel, P.A., Attorney at Law at 352-404-4634 or toll-free at 877-580-6868 today.

Chapter 7 Bankruptcy Versus Chapter 13 Bankruptcy

The first step to determining which type of bankruptcy is right for you is to consider the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Both have advantages and disadvantages depending on your specific circumstances. Lake County bankruptcy lawyers can explain what those are.

The Main Difference Between Chapter 7 and Chapter 13 Bankruptcy

In a Chapter 7 bankruptcy, your assets and debts are liquidated. In a Chapter 13 bankruptcy, your debts are reorganized. The primary difference between the two types of bankruptcy is that with a Chapter 13 bankruptcy, you’ll have to repay a percentage of your debt over the course of three to five years.

When Does Chapter 7 Make Sense?

Chapter 7 bankruptcy probably makes sense if:

– Most of your debts are unsecured and can be discharged. These include credit cards, personal loans and medical bills.
– You own little or no non-exempt property.
– To hold on to secured property, you don’t need to cure defaults.
– Your disposable income isn’t enough to fund a Chapter 13 plan.

When Does Chapter 13 Make Sense?

Chapter 13 bankruptcy probably makes sense if:

– You would like to hold onto non-exempt assets.
– You have debts that can’t be discharged, including student loans, child support, alimony, taxes, fines and penalties.
– You have high amounts of net disposable income.
– You would like to cure a car loan or mortgage default.

Is Qualifying for Chapter 7 Difficult?

Experienced Lake County bankruptcy attorneys can help you determine if you’ll qualify for Chapter 7 bankruptcy. To qualify, you must pass a means test to prove that you can’t repay your debts. Lake County bankruptcy lawyers can help you complete a Statement of Monthly Income and Means Test Calculation that will assess your income and set-offs to determine how much can be paid to creditors. The form examines your average income from all sources for the last six months. If you and your spouse file together, both of your incomes will be counted. If you’re filing alone, your spouse’s income will still be counted subject to certain set-offs.

Hire Skilled Lake County Bankruptcy Attorneys

If you’re buried in debt, bankruptcy may be the answer. Call Merideth Nagel, P.A., Attorney at Law at 352-404-4634 or 877-580-6868 today.

Modifying Chapter 13 Debtor’s Repayment Plan or Suspending Payments

Bankruptcy attorney in Lake CountyAt any point before confirmation, you may modify your Chapter 13 bankruptcy repayment plan. The modified plan just has to contain the essential terms. A bankruptcy attorney in Lake County can assist you to ensure that your case isn’t delayed.

After Confirmation of Plan

Once confirmation has occurred, a Chapter 13 repayment plan may be modified at the request of you, your trustee or by the holder of an unsecured claim. A hearing will occur, and the request must be approved by the court. Whoever is seeking the modification must provide all creditors and the trustee with at least 21 days’ notice of the impending hearing, and a copy of the modified plan must be included along with the notice. An objection may be filed by any party of interest, and it must be served on the trustee, the debtor and on all creditors. It is permissible to reduce the required payments by the amount you spend to buy health insurance for you and your family. Before incurring a new debt after the approval of your plan, you must receive permission from the trustee.

Suspending or Amending Payments from a Confirmed Plan

A court motion is needed to amend or suspend payments from a confirmed plan. The request may be made as long as the suspension won’t extend the plan by more than 60 months. To amend or suspend your payments, your financial circumstances must have changed, and the change must be outlined in the motion papers. You must attach proof of the change in circumstances to the motion papers along with updated versions of Schedules I and J. Also, a proposed amended plan must be included. In some jurisdictions, the Chapter 13 trustee must approve the modification. Copies of the motion papers need to be served on the trustee and all creditors who will be adversely affected by the modification or if the suspension will exceed 90 days. Your bankruptcy attorney in Lake County may request supplemental fees for modifying your repayment plan.

Hire an Experienced Bankruptcy Lawyer in Lake County Now

A bankruptcy may give you the fresh financial start you need. Contact Merideth Nagel, P.A., Attorney at Law at 352-404-4634.

Can I File for Bankruptcy Without an Attorney?

When a business files for bankruptcy, an attorney is required; when individuals file, they have the option of representing themselves. However, representing yourself is not always beneficial. The rules pertaining to bankruptcy are complex and you can severely jeopardize your rights if you make mistakes. Visit with a Minneola bankruptcy lawyer today to determine if legal representation is best for you. 

How to Determine your Monthly Expenses in your Bankruptcy Case

If you are filing for bankruptcy, an experienced Lake County bankruptcy lawyer can help you determine your monthly expenses. This process may seem daunting, but your attorney is experienced in navigating the process and will make sure you will be able to calculate your expenses appropriately.

One method of helping your bankruptcy claim is by reducing your current monthly income (CMI). If your income is greater than the median income according to the tables, the IRS allows you to deduct the following:

– Necessary living expenses
– Living allowances

These are established in their National Standards and Local Standards. The IRS will then use the standards to determine your ability to pay any taxes you owe.

The Local Standards determine roles for deducting the following:

– Housing
– Utilities
– Transportation

The Local Standards, which are also known as Collection Financial Standards, vary by state and, in some cases, by county.  By contacting us we can inform you of any implications that may affect you.

Some housing and transportation expenses are listed separately under secured debts. These expenses include car payments and mortgages. Any amount you spend on car payments and mortgages must be included in the secured debt section. If the amount of your payment is greater than the cost of owning your vehicle, then enter a zero. The form will not recognize negative numbers.

Vehicle transportation is a different matter entirely. These do not vary by state, but by region (Northeast, Midwest, South and West). These amounts are listed in the Local Standards. Keep in mind the figures for owning and driving multiple vehicles. This includes operating costs, as well as public transportation costs.

For more information on how you can determine your monthly expenses in your bankruptcy case, contact Lake County bankruptcy lawyer Merideth Nagel, P.A., Attorney at Law at 352-404-4634, or toll free at 877-580-6868.

Estate Assets in Joint Names

Estate planning is very important, and it must be handled with care and thoughtfulness. Many people take a simple approach and simply add the names of spouses and/or children to bank accounts and deeds. There are some very serious potential pitfalls in doing this, however. It is best to work with a Groveland estate planning attorney to decide how to plan your estate, even if you own property jointly.

What Is Joint Ownership?

Joint ownership between spouses means that both have equal ownership in all the assets in the estate. Your Groveland estate planning attorney will tell you that owning property in joint names is advantageous insofar as it allows the lion’s share of the estate to avoid probate. This means both a substantial savings and also immediate access to funds in the estate once the one spouse dies.

There are several types of joint ownership: 

• Joint tenants with full rights of survivorship allows for the surviving spouse to become sole owner of assets upon the death of the other. 
• Tenants in common, on the other hand, differs significantly. In essence, when the first spouse dies, the portion of the estate that belongs to the survivor is made immediately available to her. However, the assets belonging to the decedent pass through probate.
• Tenants by the entirety works similarly to joint tenants insomuch as all assets jointly held pass directly to the surviving spouse.

Disadvantages 

There are some basic disadvantages to setting up an estate with joint ownership. If, for instance, you and your spouse wish for the children to inherit the estate ultimately, you might think that it is a good idea to add one child’s name onto a joint ownership. Even if this is done with the understanding that the child will, upon the death of both parents, share assets in the estate equally with other siblings, he is not legally obligated to do so. 

Moreover, since none of the other children were listed as joint owners, any money they receive will be subject to gift taxes, which only allow for a minimal distribution annually before this tax is invoked. Currently this figure is $14,000. The estate may also be subject to estate taxes and capital gains, depending upon the nature of the asset.

A Groveland Estate Planning Lawyer Can Help

Estate planning is very important. If you are considering how to plan your estate, it is very important that you work with a Groveland estate planning attorney who can help you set it up in the most advantageous way. Call Merideth Nagel, P.A., Attorney at Law, today at 352-404-4634.

Power of Attorney

clermont estate planning attorneyPower of attorney is a particularly important and useful estate planning tool. It enables the settlor to bestow powers of attorney on another person in order to manage his financial affairs. There is also a specialized form, called durable power of attorney. If you are considering either it is important that you consult an experienced Clermont estate planning attorney.

What Is a Power of Attorney?

A power of attorney includes two main individuals—the grantor, who creates the power of attorney, and the agent or attorney-in-fact, who is granted power over the grantor’s financial and other affairs. The breadth and scope of these powers is entirely up to the person who is granting the powers. The person may want only his financial affairs handled. He might grant power of attorney for only one thing, such as the sale of a house or the raising of his children should something happen.
A Clermont estate planning attorney will tell you that, because of the amount of power that is being placed in the hands of the agent, it is important to choose the person wisely. Make sure it is a friend you trust implicitly or a close relative who does not have a conflict of interest.

Durable Power of Attorney

You may also want to grant the power to make decisions about your health should you become incapacitated. This is called the durable provision, and it remains in effect either until you die or get better. Your Clermont estate planning lawyer will discuss with you whether the durable provision will be useful in your situation.

What Are the Responsibilities of the Agent? Do They End?

An agent is expected to act in the best interests of the grantor in all decisions that he makes. He should keep a detailed account of all transactions, and in all ways behave in a transparent way. It is important to note that the powers of attorney granted end upon the death of the grantor.

A Clermont Estate Planning Lawyer Can Help With Questions

If you are interested in learning more about power of attorney, contact a Clermont estate planning attorney today. Call Merideth Nagel, P.A., Attorney at Law, at 352-404-4634 or toll free at 877-580-6868.

Foreclosure Defense Strategies

CLERMONT FORECLOSURE ATTORNEY

What Yоu Nееd tо Do For Fоrесlоѕurе Dеfеnѕе Strategies

In thе rесеnt раѕt, іt hаѕ been оbѕеrvеd that every year оvеr 700,000 U.S hоmеѕ enter fоrесlоѕurе. It іѕ vеrу unfortunate tо know hоw іnсrеаѕіng numbеrs of people are lоѕіng thеіr hоmеѕ tо banks аnd fіnаnсіаl institutions just bесаuѕе thеу fаіlеd to pay thе mоrtgаgе. A foreclosure can саuѕе a drор оf 250 роіntѕ оn an average. Fоr instance, іf your credit ѕсоrе is 650, іt саn gо down tо 400 bесаuѕе оf hоmе fоrесlоѕurе. Hеnсе, уоu nееd to bе рrераrеd tо defend this problem. Hеrе іѕ what you need to do fоr fоrесlоѕurе dеfеnѕе:

Fіlе a Dispute  Yоur сrеdіt score can tаkе a hit іf уоu hаvе a foreclosure on уоur credit rесоrd. If уоu fееl thаt the foreclosure іnfоrmаtіоn mentioned bу your bаnk is nоt соrrесt, уоu саn tаlk tо thеm. According to the Fаіr Credit Reporting Act (FCRA), уоu ѕtаnd a сhаnсе tо dispute аnу information that has bееn mentioned іnсоrrесtlу іn уоur сrеdіt report including fоrесlоѕurеѕ. All you nееd to do is fіlе a dіѕрutе аt the сrеdіt bureau or ѕееkіng аѕѕіѕtаnсе from a рrоfеѕѕіоnаl fоrесlоѕurе dеfеnѕе grоuр tо dо іt fоr you. Once thе іѕѕuе has been іn ѕоlvеd in уоur favor, уоur credit score can rіѕе.

Kеер track оf уоur disputes.  Yоu nееd tо kеер track оf уоur fоrесlоѕurе defense іn order tо knоw hоw іt is affecting уоur сrеdіt ѕсоrе. Thе сrеdіt burеаu’ѕ duty іѕ to еxаmіnе уоur dіѕрutеѕ and vеrіfу thе same. If the сrеdіt burеаu is nоt able tо dо ѕо thеn thе fоrесlоѕurе information should bе rеmоvеd. Thіѕ ѕhоuld еffесtіvеlу increase your сrеdіt ѕсоrе. Uѕuаllу, you should get a letter frоm thе credit burеаu within 2 mоnthѕ tо lеt уоu knоw the еnd rеѕult оf thе dispute. If you dо nоt get оnе, уоu nееd to рlасе a rеԛuеѕt fоr nеw сrеdіt reports аnd сhесk іf thе fоrесlоѕurе іnfоrmаtіоn іѕ still mеntіоnеd оr nоt. Yоu ѕhоuld get іn touch wіth the credit burеаu іmmеdіаtеlу аnd tеll thеm tо nоtіfу уоu аbоut thе оutсоmе of thе dіѕрutе as soon аѕ роѕѕіblе.

Consumer Stаtеmеnt Your сrеdіt ѕсоrе саn gо dоwn іf the fоrесlоѕurе іnfоrmаtіоn іѕ fоund tо bе соrrесt bу the сrеdіt burеаuѕ. Anоthеr way for fоrесlоѕurе defense thаt may not dіrесtlу hеlр іn bringing uр уоur credit score is tо add a ѕtаtеmеnt frоm consumer tо your credit report. Yоu nееd to state reasons аnd extenuate circumstances thаt hаvе rеѕultеd іn fоrесlоѕurе. Aftеr a fоrесlоѕurе, іt wіll tаkе a lоt of time tо get уоur сrеdіt score tо a gооd lеvеl. Fоrесlоѕurе іnfоrmаtіоn can remain on thе сrеdіt rесоrd for 7 уеаrѕ. Yоu will bе able tо rеmоvе the іnfоrmаtіоn frоm thе сrеdіt report оnlу after уоu send a rеԛuеѕt for it to the сrеdіt bureaus.

Stay Away Frоm Frаudulеnt Foreclosure Dеfеnѕе Companies  With foreclosure happening аt іnсrеаѕіng rаtе асrоѕѕ US, more аnd mоrе реорlе are seeking аѕѕіѕtаnсе frоm fоrесlоѕurе dеfеnѕе соmраnіеѕ tо рrоtесt thеmѕеlvеѕ frоm fоrесlоѕurе. Uneducated bоrrоwеrѕ mау feel that аррrоасhіng аnу foreclosure dеfеnѕе grоuр саn help them соmе out of the рrоblеm. Hоwеvеr, уоu ѕhоuld keep іn mind that there are рlеntу оf fraudulent foreclosure dеfеnѕе соmраnіеѕ thаt оnlу out there to duре реорlе іn thе nаmе of рrоvіdіng hеlр.

That is why hiring foreclosure defense attorney Merideth Nagel who has helped hundreds by giving options is so important. Always know who you are dealing with and make sure that you are comfortable with your attorney. Merideth Nagel. P.A. 352-394-7408.

Understanding a Cram Down

A Clermont bankruptcy attorney is knowledgeable about the various aspects of filing for Chapter 13 protection. One feature that he or she may explain is the cram down, which is something that some debtors who file for Chapter 13 bankruptcy protection are eligible for. It applies to secured debt. Learn more about this topic below.

Financial Counseling Requirement for Debtors Filing a Bankruptcy Case

People seeking bankruptcy protection must receive credit counseling and debtor education from a non-profit agency approved by the U.S. Trustee’s Office prior to filing a bankruptcy case. Once the case is filed, you also need to complete a debtor education course. A Clermont bankruptcy lawyer guides debtors through the legal process and helps them remain in compliance with the bankruptcy laws.

Credit Counseling and Debtor Education

Individuals are required to receive credit counseling within 180 days of filing a bankruptcy case. The U.S. Trustee’s Office provides a list of non-profit agencies that are authorized to offer credit counseling. Many agencies give debtors the option of taking the 90-minute credit counseling course in-person at one of their offices, online or on the phone. It is also common for agencies to offer the course in English and Spanish. Once you have fulfilled the requirement, the agency gives you a certificate verifying that the course was completed.

Debtor education is another financial counseling requirement that must be taken after the bankruptcy case is filed. If you filed for Chapter 7, the debtor education course must be completed within 60 days of the date set for the meeting of creditors. Chapter 13 debtors need to take the course before they finish the repayment plan. If the certificate of completion for the debtor education course isn’t filed in a timely manner, the court may refuse to issue an order of discharge.

Exemption to Credit Counseling Requirement

In rare cases, a debtor may be exempt from taking credit counseling if he doesn’t have access to an agency within his residential area. A debtor may also claim an exemption if he is mentally incapacitated, physically disabled or on active duty in the military and currently serving in a combat zone.

When debtors aren’t able to obtain credit counseling prior to filing the bankruptcy petition, they need to explain the extenuating circumstances to the court. If the bankruptcy court decides the debtor didn’t give a valid reason for not fulfilling the credit counseling requirement, the case may get dismissed.

Consult a Clermont Bankruptcy Lawyer

If you are dealing with an overwhelming amount of debt, contact a bankruptcy attorney in Clermont. Merideth Nagel, P.A. Attorney at Law uses expertise to help many of her clients resolve their debt problems and get a fresh start. Call the law office today at 352-404-4634 or 877-580-6868 to schedule a consultation.

 

How Can I Repair My Credit After Bankruptcy?

Recovering after a Chapter 7 bankruptcy might seem overwhelming as individuals try to qualify for a mortgage for a home or apply for credit cards. While the process is admittedly a struggle, a Clermont bankruptcy attorney might be able to offer some solutions to these challenges.

Timeline of a Short Sale

Merideth-Nagel-178X250Following the mortgage crisis and resultant recession, many homeowners found themselves unable to pay their mortgages. Many were not even able to sell their homes for home values had plummeted to the extent that they could not get what they owed. Real estate short sales have become a popular way to remedy this situation; it allows the homeowner to avoid foreclosure. If you are considering a short sale, it is important that you work with a Minneola short sale attorney who will ensure that your rights protected.

Why Short Sales Are Possible
Short sales work because lenders otherwise face the real possibility of receiving nothing at all as they foreclose on a property. Generally, however, a homeowner must be delinquent on payments to qualify. A Minneola short sale attorney will help you through the process of the short sale and make sure that you follow all the steps necessary in order to complete the sale as quickly as possible.

Timeline Of A Short Sale

Numerous issues bear upon the time it will take for a short sale to be completed. Even the type of loan you have affects this. If you have a government-sponsored and funded home loan such as an FHA, there may be a delay. Some homeowners have to contend with having mortgage insurance as well.Your first step is to gather all the necessary documents. These include:• Bank statements for the past two months

• Tax returns for the past two years
• Your payroll stubs and W2s for the past two years
• A financial statement (form 1126)
• Form 4506
• A letter detailing your hardship that must be signed and dated.These documents are necessary in order to show why you are unable to pay your monthly mortgage. You may be asked to provide more documents as well. You will then sign a listing agreement with the real estate agent. The period of time to a sale is difficult to estimate. If the marketplace is attracting a lot of buyers, you may be able to get an offer rather quickly. You may, however, need to wait two or three months or more.

Once an offer is made, the short sale package is submitted to HUD for approval. This can take anywhere from 60 to 90 days.

Your Minneola short sale attorney will tell you that there are many variables that can affect the time it takes to sell your property. For one, the buyer may become fearful and back out of the sale.

Work with an Attorney if You Are Considering a Short Sale
While it is not strictly required by law that you work with a Minneola short sale lawyer, you will find that it serves your best interests to do so. Call Merideth Nagel, P.A., Attorney at Law today to arrange a consultation. Call 352-404-4634 or toll-free at 877-580-6868

Se habla español

Gracias por contactarnos. En Merideth Nagel, P.A. creemos que aqui tenemos una solución a cualquier problema legal. Si usted necesita la protección contra acreedores con su bancarrota, una defensa sólida para la ejecución hipotecaria de su casa, derecho inmobiliario, derecho de los negocios o lesiones personales le podemos asistir. Por favor, llena nuestro formulario de contacto o llámenos al 352-394-7408. “En este negocio hacemos la diferencia”.

Thank You For Allowing Us To Serve You

 

Hello,

This is Merideth Nagel and I wanted to personally thank you for allowing my firm to assist you in your legal matter. I have practiced law for over 17 years and have never lost the zeal and care for any of my clients. I have built a staff that truly understands and appreciates your needs, and will always have open lines of communication. If you ever need to speak with me please call our office at 352-394-7408 and ask to talk with me personally. If I am not available, I will call you back. That is how I have practiced all my life.

Our firm handles many areas of law including real estate. estate planning, probate, bankruptcy, foreclosure defense, short sales, family law and personal injury. If a loved one or friend has needs in any of these areas please contact us and we will treat them with compassion and dignity.

Again, thank you for choosing my firm to represent you and we pray for a safe and happy rest of the year for you.

Thank You For Trusting Us With Your Real Estate Clients

 

Dear Valued Real Estate Professional,

Allow me a minute to thank you and tell you what it means to send your client to us. That you place confidence in us is incredible, and please know that we never take that lightly. Having done real estate law for over 17 years I never forget those who recommend us. You are one of the main reasons we enjoy doing what we do, and our prayer is that the process was smooth and handled in a timely manner. Your interests are ours, and your client is the most important aspect of our business.

We are dedicated to helping you succeed and prosper, and as our business grows we see the relationship between realtor and lawyer flourish. It is a unique bond built in trust and assurance, and know that we will serve your clients with 110% of our time and talents.

Again, thank you so much for the business and confidence. At Merideth Nagel, P.A. we place a great deal of honor and respect for what you do! Have a prosperous and happy rest of the year.

 

Thanks For Choosing Merideth Nagel, P.A. For Your Real Estate Closing

 

Hello,

This is Merideth Nagel, and I want to personally thank you for choosing my firm to handle your recent real estate transaction. Your confidence in us is so appreciated, and having done real estate transactions for over 17 years I never take these matters lightly. Your family and home are very important to me and If you ever need to communicate with me, please call or e-mail me and I will take the time to respond.

We are a full service firm handling real estate, estate planning, bankruptcy, guardianship, family law and personal injury. If a friend or family member is ever in need of these services, please have them contact us and we will treat them like family!

Again, thank you and have a prosperous and happy rest of the year.

Thank You For Recently Coming In To Discuss Your Matter With Us

 

Hello, this is Merideth Nagel and I want to thank you for recently coming in to discuss your matter with us. It is important that you know how honored we are that you took time out of your schedule to talk with my firm.

Please contact us if you have any questions about your matter, or just need some general guidance in the future. You can contact me at my office at 352-394-7408, or use the email form to the right to further communicate your needs. We truly are here to help and if you need us to assist you we are ready. Again, thank you for coming in and may God Bless you the rest of the year!

Guardianship

Seeking Guardianship Rights

When facing deteriorating health and mental challenges, situations might occur in which you need to assume certain rights and decision making choices. With out these rights it will be difficult to manage your loved ones affairs and also to fund said care. The situation will warrant a discussion with a guardianship attorney who is well versed in the county and state regulations. In the Central Florida area Merideth Nagel, P.A. can offer advice and legal counsel which will give you choices as you seek to make decisions for your loved ones.

Why Establish a Guardianship?

You would want to establish a guardianship to allow your loved one to receive proper care, and have supervision from an appropriate party who can make decisions for the them. The Guardian could be contacted should your family member ever leave a facility where they are placed. The authorities will be alerted to return the ward to the proper facility once they are found. Additionally, if the person has assets in their name like a car or bank account, or if there is a home involved, and if there is no valid power of attorney activated, then a Guardianship will be necessary to be granted access to those assets.

Who May Serve as Guardian?

Is the Guardian Liable for the Wards Debts?

No. The Guardian does not have to pay the ward’s debts from their own pocket. This is not the same as a mother/father relationship where the burden is on the parents. The guardians liabilities are limited.

How Long Does The Process Take?

For a temporary immediate guardianship, the process takes 3 to 5 days. For the normal application it should take no more than 30 days.

Avoiding Guardianship

It is possible to avoid guardianship through proper estate planning. A solid estate plan will include a medical power of attorney that gives an individual decision rights to manage health care in a medical emergency, and a durable power of attorney allowing a trusted individual access to manage personal affairs. These documents can specify how you wish to live and your approved quality of life in the event of how you die. It also can list how you wish to be treated if you become disabled – which can be in direct opposition to how a court appointed guardian will make decisions regarding your wishes. A lot of times when these documents have been executed it will not be necessary for your loved ones to seek the services of a guardian should something happen to you.

If you want guardianship attorney, or if you are ready to execute a proper estate plan, than contact our offices at 352-394-7408 or use the email form on this site. The knowledge you gain is free, but the peace of mind is invaluable.

Revocable Trusts

One favored estate planning tool that yourClermont estate planning lawyer may recommend is the revocable trust. This allows you to set parameters regarding how certain property should be used while giving you the peace of mind of knowing that you can modify it whenever you want to.

Requirements

Your lawyer can explain that a testamentary trust, a trust in which you dispose of property at your death, must comply with all of the will formalities that are required of wills in Florida. These requirements include:
  • Settlor’s signature
  • Witnesses
  • Signatures of witnesses

Revocability

Your  estate planning attorney can also explain that there is a presumption that a trust is revocable unless there is clear language to the contrary. However, this presumption is only for trust instruments that were created after June 30, 2007.
Revoking a Trust
If the revocable trust only has one settlor, he or she may revoke the trust or amend it by substantially complying with the relevant provision in the trust. If there is not a method proscribed in the trust for revocation, the settlor can create a later will that revokes or amends the terms of the trust or manifest clear intent in another manner. The testamentary aspects of the will must still comply with the requirements above. If there is more than one settlor, either spouse can revoke the will. However, if there is community property, both must agree to any amendment.
If you would like assistance in setting up a trust, contact Clermont estate planning attorney Merideth Nagel at 352-394-7408.
Collections Attorney

Florida Collection Lawyer

Merideth Nagel, P.A. concentrates on collecting unpaid judgments as well as non-judgment debt from people and businesses owners in the state of Florida. While collections carries a negative stigma, it is a necessary component in our society to protect assets that are effected by non payment of goods or services. As a Central Florida Collections Attorney, one of our practice areas, we handle each clients needs as aggressively as it takes to ensure the compensation sought is not hindered.

Debt Collection Firm

As a debt collection agency, we try to work as closely as possible with you to identify the services that best match your particular collection needs. We work extremely hard to provide a tailored collection services that maximizes the goals in your commercial collection.

Just because an account that owes you money is no longer in business does not mean it is impossible to collect from them. When you meet with one of our collection attorneys they will chart out the plan we will use, based on the individual situation, to get your funds recovered.

Debt recovery can be a long, drawn out and frustrating process if you have no plan in place to deal with it.  We, as your agent, will not stop in the due diligence it takes to get your funds released. Where others stop after a few attempts we employ many avenues to achieve our goals.

Please use the contact “Free Case Evaluation” form on this site to schedule your consultation. Our attorneys offer immediate access to discuss your case when you come on board with us and let us handle your Central Florida Debt Collection matter. As a law firm operating out of Clermont, Florida, we have the resources and ability to help you in these matters. You can also call us at 352-394-7408.

 

 

 

 

Welcome!

Welcome to our new website. Browse our articles or contact us at (352) 394-7408.

Trisha Sorval

Trisha has been with MNPA Since October 2013. She is our most senior Client Relations team member and also supports our Administrative team. Trisha became a part of the legal field in 2002 when she started with the Osceola County Courthouse.
When Trisha is not working, she enjoys spending time with her two boys and her husband on the baseball fields, or just relaxing at the lake.

Tina Smith

A graduate of Florida A&M University College of Law, Ms. Smith began her legal career as an Assistant State Attorney with the Fifth Judicial Circuit in Sumter County under Mr. Brad King and developed extensive knowledge and experience of the criminal justice system. She went on to become the first Legal Counsel for the Sumter County Clerk of Court, which allowed her to transition to her current position with the firm practicing Real Estate, Estate Planning and Probate Law. Ms. Smith is a member of the Sumter County and Lake County Bar Associations.

A Florida native, she is the youngest of three girls. From a young age her parents impressed upon her and her sisters that the greatest gift in life is the gift of being able to give back to those in need. Her teenage years included service with her family feeding the homeless and volunteering for Dreamflight, an organization that changes young lives through taking children with serious ill children or disability on a dream holiday of a lifetime. She met her husband and fellow volunteer at Dreamflight. Her love of service to others has expanded to volunteering at Houndhaven, a prominent Lake County dog rescue. Ms. Smith’s kind heart for children and animals is a presence picked up by another key staff member: aside from Ms. Nagel, Ms. Smith is by far the favorite attorney for Ms. Nagel’s dog Elway who helps in the office in any way he can.

When not spending time with her husband, one cat and three rescue dogs, she enjoys time with family, reading a good novel, and volunteering.

Her service for others has guided her down the path she follows today helping clients through her experience and knowledge making their goals her main priority.