The Beggs & Lane Blog
Traveling Out of the Country? Be Prepared to Allow CBP to Inspect the Contents of Your Electronic Devices Upon Returning Home.
By: Charles T. Wiggins The U.S. Customs and Border Patrol (CBP) has the right to inspect the contents of your electronic devices—iPhones, iPads, laptops, etc.—upon entry to the United States. Even if you are a U.S. citizen. That means that CBP has a right to look at every e-mail, text, or photo you have on your phone. And CBP doesn’t have to obtain a warrant to do so. Does this seem overly intrusive? Certainly. But CBP says: “As a constitutional matter, border search authority is premised in part on a reduced expectation of privacy associated with international travel.” CBP Directive [...]
By: Kevin M. Helmich, Esq. Naming a trust as a beneficiary of an IRA is quite complicated. If you do it wrong, you can trigger total distribution of the retirement account within 5 years of the date of death. This would accelerate the recognition of income on the retirement account. With larger retirement accounts, such acceleration of income tax liability can be significant. There are two different types of trusts that can meet the rules regarding qualified beneficiaries of a retirement account. One type of trust is an “Accumulation Trust”. The other is a “Conduit Trust”. With an Accumulation Trust, the [...]
By Amy P. Slaman Probate is necessary when assets are titled in the deceased person’s name and the asset is one that does not automatically transfer on death through a beneficiary or pay-on-death designation. Many people think having a Last Will & Testament (or a “Will”) means probate court will be avoided. However, a Last Will & Testament does not function as a beneficiary or pay-on-death designation for the purpose of automatically distributing assets out of your name and to your intended beneficiaries. The purpose of a Will is to allow you to decide how you wish your assets to [...]
By Terrie Didier, Esq. In general, parties have 30 days from the date an adverse decision is rendered (date of filing, not signing or recording) to appeal from final orders. But the time in which to seek appellate review of a corrected, amended, or modified order is not always simple. The Florida Supreme Court explained the rule applicable to modified orders in St. Moritz Hotel v. Doughtry, 249 So. 2d 27, 28 (Fla. 1971): An amendment or modification of an order or judgment in an immaterial way does not toll the time within which review must be sought. But where [...]
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 [...]
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 [...]