Adoption Facing Major Reform Worldwide

Wednesday, November 25th, 2009

Adoption reform around the world is making headlines in the wake of Senator Jay Rockefeller’s spotlight on National Adoption Day, November 21st. A gay couple hopes to effectively repeal the Florida law banning gay adoption once and for all, DC seeks to extend subsidies for adoptive parents, and Korea is looking to change the way the world looks at their children - from the inside out.

On The Verge of Gay Adoption in Florida

The 32-year-old Florida law banning gay adoption has finally taken a significant hit in its 14 year battle. Martin Gill, a South Florida gay man was granted his request to adopt two half-brothers he has fostered the last 4 years by a trial court judge. The ruling is being appealed, but the trial judge determined the law to be unconstitutional. Previous cases including Cox vs. HRS (1995), Lofton vs. DCF (2004), and Smith vs. DCF (2008) have resulted in either little impact on the law, or were denied due to inconclusive data regarding the welfare of children raised in homosexual households.

DC Considers Subsidy Extension

A bill is in the works to extend subsidies to adopting parents until the adopted children are 21 - instead of 18 years as the current law provides. As it stands foster care parents receive subsidies until the foster children are 21. Some say this discourages adoption, and this opinion has spurred research into the financial implications of extending the subsidy. Chief Financial Officer Natwar M. Gandhi issued a financial impact statement this week detailing a pleasant surprise - the $4 million in savings over the first four years could easily offset the $500,000 investment to reprogram information technology systems.

Korea Cleaning Up Adoption Processes

Law firm Gong-Gam and Representative Choi Young-hee have joined together in an effort to reform the Special Law Relating to the Promotion and Procedure of adoption. At present, only 2.7% of Korean adoptees find their birth parents because their records have been manipulated. Some adoptions take place without the parents’ consent, with adoption agencies the prime suspect of record manipulation - or worse. An entire generation of adoptees have returned to Korea to join in the battle for better practices. The National Assembly is considering changes through a series of hearings. Lawmaker Choi commented that Korea “still has a stigma attached to it as one of the major exporters of children.”

Tags: Adoption Law, adoption subsidy, Florida, gay adoption, international adoptions, Korea, Washington DC
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Change of Estate Tax Law

Wednesday, August 19th, 2009

Wealthy residents from Connecticut usually flee to Florida in avoiding the estate tax in the state.  But now, they don’t need to do that because there’s a new law (House Bill 6802) enacted on Sept. 8.  The law states that deaths occurring from January 1, 2010 onwards, as much as $3.5 million worth of estates and gifts will be exempt from tax.  This raised the threshold for taxable gifts and estates from the existing $2 million level.

In Connecticut today, when the estate is exactly $2 million, there will be no estate taxes paid.  However, an estate of $2,000,001 pays Connecticut $101,700 in taxes.  Fortunately, this will change beginning 2010.  The new legislation will not only increase the threshold exemption, it will also reduce the rates by 25%.  For instance, a $5.1 million estate which currently pays Connecticut $402,800 will only pay the state $130,200 if the death occurred after year-end. 

This means that you can now stop avoiding Connecticut in planning and establishing your residence.  State Rep. (R-149^th Dist.) Livvy Floren said, “These changes may be considered good step toward the right direction.”  So if you’re a resident of Connecticut or you have real property there, you might want to revisit and make current your estate plan with an attorney soon.  

Tags: attorney, Connecticut, estate plan, estate tax, Florida, gifts, law, Livvy Floren, state, wealthy
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Legislation Complicates Taxes and Estate Planning

Thursday, August 6th, 2009

Florida Bar requires Florida attorneys to report a certain number of CE (Continuing Education) credits each year.  Most teleconferences and online meetings cost around $100.  So it’s a treat when a sponsor, Regents Bank, came in and paid for a series of lectures from Cannon Financial’s Attorney Roy Adams.  The bank offered local attorneys the chance to attend free, meet their staff in trust department, and receive CE credits for two hours.

Adams is a well- respected and known by estate planning attorneys in the area of speaking every January at Heckerling Conference in Orlando.  The event is attended by over 2,000 attorneys.

One of the topics was the several pending estate tax legislation in Senate and the House.  Most people will not be subject now to estate tax but when the unified credit amount or lifetime exclusion is $3.5 million (less gifts made) per person, this may reduce the lifetime exclusion (it may also be $7 million for a couple if properly planned).  If the lifetime exclusion will be reduced to $1 million (which is already scheduled after 2010) and new legislation doesn’t change the existing law, there is no estate tax.

However, many legislators feel that eliminating estate tax (even for only a year) will greatly contribute to increase of federal deficit - this will eventually be paid back by the taxpayers in the future.

Tags: attorney, attorneys, Cannon Financial, CE, Estate Planning, estate tax, Florida, Heckerling Conference, legislators, Orlando, Regents Bank, Roy Adams
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Estate Plan for Faraway Real Estate

Saturday, August 1st, 2009

Do you have a condo in a ski country?  Maybe you have a house at any shore or a Florida time share?  So how much real estate do you have in several states?

No matter where your real estate is, your properties will be involved in your estate settlement unless you make some arrangements to your estate plan and avoid this complication.  Real estate law is a state law.  This means that only the courts in a particular state can have the authority in resolving issues about ownership and title of real estate property in that state.

So if you’re a Pennsylvania resident and you own a Florida condo, your estate settlement will require Pennsylvania domiciliary probate and a Florida ancillary probate when you pass away.  Take note that ancillary probate is always required in each state wherever you own real property.

The simplest way to eliminate the probate proceedings requirement is to title the real estate in joint names of your intended beneficiaries (probably with your spouse and children).  This is a simple device which means that in the event of your death, the real property will automatically pass to the joint owners without any probate proceeding requirement.

Tags: beneficiaries, courts, Estate Planning, Florida, owners, Pennsylvania, probate proceedings, real estate
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The Truth about Dog Bite Cases in Florida

Tuesday, June 9th, 2009

Dog bite attacks that cause injuries are approaching almost five million every year. Therefore, it’s critical for every Floridian to know the truths and myths regarding these cases.

Dog-bite victims are quite favored by the public, the state’s legislature, and the insurance industry compared to other tort law areas. Attorneys litigate both common cases (scars) and severe ones (disfigurement).

Florida adheres to a very strict liability statutory framework imposed on dog owners. Liability is established if:

• *The defendant truly owns the dog.
• *The attack occurred while in a lawfully private location or in a public place.

Hence, trespassers are excluded from potential dog bite statute protection. However, there may be an implied invitation that can be sufficiently used for defense depending on the circumstances of the case. Furthermore potential recoveries may be reduced through a comparative negligence committed by the plaintiff.

In addition, some victims are animal lovers by heart – they fear that the dog will be euthanized if they make an injury claim. But it’s important to know that the dog will not be placed in any danger or be taken away from his home if the victim did not press this issue with animal control.

Tags: attorneys, disfigurement, dog bite, Florida, Floridian, law, negligence, scars, tort, tort law, trespassers
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Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
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DUI Laws Blog is open!

Wednesday, August 6th, 2008

This blog will feature DUI laws in all 50 states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Tags: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Posted in Uncategorized, dui attorney, dui california, dui florida, dui illinois, dui laws, dui lawyers, dui new jersey, dui oregon | No Comments »