ShuffieldLowman partner, Stephanie Cook, explains some common signs of elder abuse or exploitation. Signs can include a change in their behavior, someone overexerting themselves into their lives, bank accounts are being closed or moved, or if they become increasingly isolated. If you see the signs of elder abuse or exploitation, call the elder abuse hotline at 1-800-96-ABUSE (1-800-962-2873) or contact an elder law attorney to let you know what your options are in the legal system to protect your loved one.
When an elderly person seems to be declining or is being subject to elder exploitation, filing for guardianship is something you may want to consider. Guardianship should be filed in situations where no advance directives, such as a durable power of attorney, are in place, or where those directives have been revoked or are not working. Watch as ShuffieldLowman attorney, Stephanie Cook, explains signs of cognitive decline in elders and when you should obtain an attorney to help you file for guardianship.
Many litigation cases are referred to mediation by either the court or one of the parties. Mediation is intended to be a neutral process in which a third party can step in and resolve issues, hopefully avoiding the need to go to court. The mediator facilitates communication and expresses the goals of each party in order to create an amicable solution. Watch as ShuffieldLowman attorney, Loren Vasquez, explains how a mediator, along with our attorneys, can help bring your dispute to a settlement agreement without needing a trial.
If your civil litigation case ends in an unfavorable outcome, we can assist you in the next phase of litigation. In the case of an error on the trial level, we can help you file an appeal in hopes of the appellate court overturning the decision. Watch as ShuffieldLowman attorney, Loren Vasquez, explains the steps of the Florida appeal process.
Most people do not consider the importance of pre-nuptial and post-nuptial agreements in their estate planning process. Without these documents, spouses run the risk of having a court decide how their assets are divided in the event of divorce or death. ShuffieldLowman can help couples put these documents in place, giving them the ability to control their own assets and secure their financial future together. Watch as estate planning attorney, Paige Hammond Wolpert, explains the value of pre and postnuptial agreements for your estate plan.
During the probate process, a personal representative is tasked with gathering and distributing assets in accordance with the decedent’s wishes. A qualified attorney can assist this representative in filing petition with the probate court and obtaining letters of administration in order to access the decedent’s accounts and assets. Watch as ShuffieldLowman probate attorney, Paige Hammond Wolpert, explains the steps of becoming a personal representative for probate in Florida.
If you are unable to qualify for a loan backed by traditional collateral, you can still secure the loan using assets such as art, yachts, accounts receivables or service contracts. At ShuffieldLowman, we can assist borrowers and lenders alike in performing the due diligence necessary to confirm whether traditional collateral will be sufficient or whether non-traditional assets can be used to secure the transaction. Watch as ShuffieldLowman attorney, Jordan Horowitz, explains more about non-traditional asset-based financing.
A very important component to any real estate transaction is the review of a current survey, no more than 90 days old, of the subject property. ShuffieldLowman can assist in reviewing your commercial or residential survey to confirm that aspects such as the legal description, title commitment, and encroachments and access have been examined. Reviewing the survey prior to closing will help avoid any problematic issues down the road. Watch as ShuffieldLowman real estate attorney, John Junod, explains the importance of a survey review in real estate transactions.
If you are a beneficiary of a trust or an estate and you have a trustee not doing a good job, you may be able to remove him or her under Florida law. ShuffieldLowman can assist with fiduciary issues such as self-dealing, favoring one beneficiary over another, failure to give an accounting at least once a year or failure to keep you reasonably informed. If the trustee is not fulfilling their fiduciary duties or has committed a serious breach you are entitled to seek their removal under Florida Law. You may be able to recover your attorneys’ fees, as well. Watch as fiduciary litigation attorney, Alex Douglas, explains the steps to remove a trustee or personal representative.
With the increase in construction activity through the State of Florida, it is strongly advised that your construction contract comply with Florida law, address project-specific issues, and provide an equitable allocation of risk. Whether you are the owner, contractor or sub-contractor, ShuffieldLowman can assist in reviewing or preparing your construction contract. We believe the goal of a well-crafted construction contract is not just to win a fight if one arises on a project but, rather, to avoid the fight altogether because the parties have already discussed the issues and agreed on how to allocate the risk of these various contingencies. Watch as ShuffieldLowman construction law attorney, Jim Washburn, explains the importance of revisiting standard construction contracts.