The estate planning process can be enough of a burden itself and that’s before you even get to probate court. The probate process can be relatively straightforward as the courts read out the last wishes of the estate, but that’s only if the probate is uncontested. When probate is contested, you’re going to need the right lawyer on your side whether you’re a representative of the estate or a beneficiary. Contested Read More
How Does Child Support Work in Florida?
In Florida, both parents have a responsibility to financially provide for their child. This is not a negotiable policy. Regardless of relationship status, both the parents of a child must financially provide for their well-being, upkeep, and education. When the parents are together, they often pool their resources to accomplish this. When the parents are divorced, child support enters the picture. The goal of child Read More
The Different Types of Child Custody in Florida
Child custody works differently in Florida than anywhere else in the world. Parents entering a divorce hoping to get “sole custody” may be surprised that those terms do not even apply to Florida. Instead, there is a complex system that hopes to give children time with both of their parents - and reward parents who wear their responsibilities properly. At the Law Offices of Ray Garcia, P.A., we know that there is Read More
3 Estate Planning Resolutions For 2022
The New Year is a great time to reflect on everything that changed in your life over the last twelve months and where you want to go from here. It is also a great time to check in on something directly related to your life - your Estate Plan. An Estate Plan is a legally-binding plan created with the help of an attorney that dictates what you want to happen to your remaining property, belongings, and money after you Read More
4 Ways Divorced Parents Can Improve Their Communication
Some divorcing couples think that once the final papers are signed, they’ll never have to speak to their spouse again. For parents, it doesn’t quite work like that. Parents getting divorced tend to transition from living together and seeing each other every day to simply talking to each other every day and coordinating schedules. It isn’t quite the clean break that some couples would prefer. It can be frustrating to Read More
Mortgage Modifications Can be Helpful, but Not Every Homeowner Qualifies
Florida’s booming housing market does not mean that plenty of homeowners are not struggling to pay off their mortgages. Forbearance and other COVID-related programs have ended. The economy is still in a state of flux. For many Floridians, a modification to their mortgage loans is the best option. What is a Loan Modification? A mortgage loan modification is an adjustment to your existing mortgage. The modification Read More
What is a ‘Cramdown’ in Bankruptcy, and How Can it Help?
The public has been conditioned to view “bankruptcy” as a frightening event. It destroys finances, destroys your credit, and causes families to lose everything they own. Bankruptcy is a big decision that should not be taken without a significant amount of thought and consideration, but it helps countless people get a fresh financial start. Businesses have several types of bankruptcies to choose from, but Read More
What Does ‘Undue Influence’ Actually Mean in the Context of Estate Planning?
When anyone leaves a Last Will and Testament, the chances are extremely high that their loved ones know what the document will say. After all, effective estate planning involves setting expectations for your heirs and beneficiaries. On rare occasions, though, loved ones of the decedent are surprised at the terms of the Will. For instance, what made the testator change their mind about dividing the estate between Read More
The Importance of Foreclosure Discovery for Florida Homeowners
Through a few instances of bad luck, the dream of homeownership can quickly turn into the nightmare of foreclosure for Floridians. The economy and housing market have been volatile for 18 months, and the eviction moratorium has been lifted. If you have been served with a foreclosure notice and you know you can’t pay, there are still plenty of opportunities to fight. After You Have Filed an Answer and Affirmative Read More
An Annulment is NOT the Same Things As a Divorce
Most spouses who are thinking of getting a divorce have also heard of the term annulment. Plenty of people believe that a divorce (called a dissolution of marriage in Florida) and annulment are synonymous. Simply put, that’s not the case. It’s true that both legal procedures end with two unmarried individuals, but fundamental legal differences exist: A divorce is the legal process of ending a marriage so that Read More
