Blog 2018-08-17T15:56:21+00:00

The Beggs & Lane Blog

ANSWERS TO HOMEOWNER’S INSURANCE FREQUENTLY ASKED QUESTIONS

by Terrie Didier, Esq. 2/26/2019 QUESTION: What are my rights if an insurer refuses to provide me residential property insurance due to adverse underwriting information? ANSWER: By statute, the insurer must provide the applicant specific information regarding the reasons for the refusal to insure. If the reason for the refusal to insure is based on a loss underwriting history, the insurer must identify the applicable loss underwriting history. If the reason for the refusal to insure is based on a report from a consumer reporting agency, the insurer must notify the applicant of his or her right under the federal [...]

By | March 1st, 2019|Categories: Blog|0 Comments

Importance Of Proper Will Execution Emphasized By Florida Appellate Court

In its opinion in Bitetzakis v. Bitetzakis, Case No. 2D17-4822 (Fla. 2d DCA Feb 1. 2019), Florida’s Second District Court of Appeal recently held that an individual signing a will must strictly comply with the signature requirements of section 732.502, Florida Statutes, for the will to be recognized as valid and admitted to probate.  The court’s ruling emphasizes the importance of properly executing a will in accordance with Florida law. Section 732.502, Florida Statutes, provides that every will must be in writing and executed in a specific manner. First, the testator (the person making the will) must either (a) sign [...]

By | February 20th, 2019|Categories: Blog|0 Comments

Can a Non-Resident of Florida Serve as the Personal Representative of a Florida Probate Estate?

We often have clients that want to nominate non-residents of Florida to serve as the Personal Representative of their Florida probate estate. In doing so, it is important to closely read the applicable Florida statute, as Florida law is very specific with respect to when a non-resident of Florida can qualify to be the personal representative of a Florida probate estate. Pursuant to Fla. Stat. § 733.304, a person who is not domiciled in the state of Florida cannot qualify to serve as personal representative unless the person is: 1. A legally adopted child or adoptive parent of the decedent; [...]

By | September 18th, 2018|Categories: Blog|0 Comments

What To Expect When You Are Named A Successor Trustee

By: Kevin M. Helmich, Esq. Beggs & Lane, RLLP Your parents call and tell you that they are nominating you as the “successor trustee” in their estate planning documents. What does that mean? For purposes of this article, I am going to assume that your parents have appointed you as a successor trustee of their “revocable living trust”. A revocable living trust is a common tool used in estate planning. The basic structure is fairly straight forward. Your parents establish a trust during their life, and they transfer all or most of their assets into the trust. Your parents are [...]

By | March 8th, 2018|Categories: Blog|0 Comments

Understanding Homeowners Insurance Policies

By Terrie Didier Insurance policies can be complicated and sometimes require a flowchart to determine whether a loss is or is not covered after considering the exclusions and the exceptions to the exclusions. But some basic points for understanding insurance policies are discussed below. • There are eight general forms of insurance policies: HO-1 (generally covers 10 named perils) HO-2 (generally covers 16 named perils) HO-3 HO-4 (tenants) HO-5 HO-6 (condos) HO-7 (mobile homes) HO-8 (older homes – typically over 40 years old) - Most common homeowner’s policy is called an HO-3. It covers the dwelling against all perils unless [...]

By | September 26th, 2017|Categories: Blog|0 Comments

The Department of Labor Intends to (Eventually) Revise Its 2016 Rule Increasing Salary Minimums for Certain Overtime Exemptions

By Russell F. Van Sickle As of June 30, 2017, last year’s controversial Department of Labor (DOL) rule increasing the minimum annual salary for most overtime exemptions to $913 per week ($47,476 annually) can now be declared dead.  However, the DOL has not abandoned its plans to increase the minimum salary threshold for the executive, administrative, and professional overtime exemptions.  Eventually, employers could see a renewed effort by the DOL to increase the minimum salary threshold by some not-yet-determined amount. The DOL’s rule to increase the minimum salary levels to $913 per week never officially went into effect because a [...]

By | July 5th, 2017|Categories: Blog|0 Comments