Will my divorce negatively affect my credit score?

Will my divorce negatively affect my credit score? This is a question we hear often so we thought it would be beneficial to share some information in a blog article. It’s important to note that everyone’s situations are different and the information provided here is strictly speaking in generalizations. Credit reports do not look at marital status so technically speaking divorce does not affect your credit score. What you will need to be cognizant of are any joint accounts you hold with your ex-spouse. Speak with your attorney prior to the divorce for guidance on closing joint accounts or having your name removed from joint accounts. You will be legally responsible for accounts which remain open and have your name on them. This leaves you vulnerable to any poor decisions made by your ex-spouse and that in turn can affect your credit score. During the divorce process, it will be decided which spouse is responsible to pay specific loans. Even if a loan is not your responsibility according to the divorce, you are still legally responsible unless the actual contract with the lender is altered. Should the responsible party miss payments, and the contract has not been altered, the missed payments will negatively affect both credit reports. How can you best protect your credit rating when going through a divorce? It’s important to know ALL accounts with your name on them. As stated earlier, speak with your attorney for the best guidance specific to your case. Close joint accounts when appropriate or convert to an individual account. Make sure your ex-spouse is not listed as an authorized user on any of your individual accounts. Make on time payments to all accounts. Divorce is rarely easy, but being informed and taking preventative steps can help eliminate some of the hardships. At The Law Office of Pamela J Helton, we understand how difficult and emotional this time can be. We are here to guide you through the process and help you achieve the best possible outcome. For more information or to schedule an appointment, please call our office at 352-243-9991.

The Legal Side of Alzheimer's Disease

Estate planning is often put off because it doesn’t feel like an immediate need or simply because people don’t like to talk about the end of life. We advise people to plan early and review approximately every five years. 

Why prepare a will, a revocable living trust, a living will, a durable power of attorney, and a durable power of attorney for finances early in life? One never knows what comes next in life. Accidents and illnesses can strike at any point in life resulting in the need for these important documents. Young people will often think they don’t need to plan because they haven’t built up assets yet. However, they can still find themselves in a position where someone else may need to make decisions on their behalf. In case of accidents, it’s likely insurance will play a role which can introduce assets that need protection. 

Another reason why earlier planning is better than later is that diseases such as Alzheimer’s have a way of sneaking up. Signs may be seen but disregarded as simple signs of aging. By the time family members come to terms with the need to take control of a loved one’s finances or health care, the person may no longer have the legal capacity to decide who will care for them. As one can imagine, that can lead to terrible emotional pain and upset within families. 

June is Alzheimer’s Awareness Month and the perfect opportunity for us to speak about the legal side of this disease. Documents can be prepared to help ensure the wishes of the person with dementia are followed as the disease progresses. This can remove huge burdens from family members who would be tasked with making decisions on their behalf. Once the person is no longer capable of directing their own treatment, trusted family members can follow the path they left behind. 

What documents should be prepared?

• Power of Attorney for Health Care: allows a person with dementia to name a health care agent to make health care decisions once they are no longer able. This document is also known as an ‘advance directive’.

• Durable Power of Attorney for Finances: names a person to make financial decisions for the person with Alzheimer's when they are no longer able to competently do so. It can help avoid court actions that may take away financial control of the affairs. 

• Living Will: is an advance directive which states how an incapacitated person wants to be treated in specific medical situations. For example, do they wish to go on artificial life support? 

• Will: names an executor and beneficiaries and does not take effect until the person passes.

• Living Trust: Without this document, an estate will be subject to probate which can be time consuming and costly. A revocable living trust allows you to retain control over your estate while making transfers of assets to beneficiaries. You decide what property will go into the trust and to whom that property will be granted upon your death.

The State of Florida Department of Elder Affairs offers the ‘Alzheimer’s Disease Initiative’ which provides services to meet the changing needs of individuals and families living with the disease and other similar disorders. The provided support includes:

• Respite services

• Case management

• Specialized medical equipment and supplies

• Caregiver counseling and support groups

• Caregiver training

The Law Office of Pamela J Helton can help guide you through the process of estate planning and can prepare the documents specific to your needs. Please call to schedule an appointment with our caring attorneys. 352-243-9991

What You Should Know About Rent Increases in Florida

The cost to rent an apartment or house has been on the rise for quite some time. It’s caused problems for many people looking for housing they can comfortably afford. The explosion in the Florida real estate market over the past couple of years has even made it challenging for current renters to remain in their current homes. Let’s take a look at the laws regarding rent increase in the state of Florida.

• Unless there is language in the lease pertaining to rent increases, a landlord must wait until the end of the lease term to raise the rent.

• A landlord must also provide reasonable notice when a rent increase will be included with a lease renewal.

• Florida legislation does not provide specific notification information for landlords seeking to increase rental rates. However, notice is expected to be given in accordance with termination notices which is seven (7) days to a week to week renter; fifteen (15) days to a month to month renter; thirty (30) days to a quarterly renter; and sixty (60) days to a yearly renter.

• Notice of rent increase must be delivered in person or by mail.

• The State of Florida does not limit the amount rent can increase.

• The State of Florida does not limit the number of times a landlord may increase the rent.

• A landlord may not increase rent based on the age, race, religion, nation of origin, familial status, sexual orientation, military status, or disability status of the tenant.

• Rent increase can not be used as a form of retaliation .

As a renter, it’s important to know your rights. While the actual cost of the rent may increase, the renter does have some protections. If your rent is increasing and you feel your landlord is not following the law, The Law Office of Pamela J Helton can help. Please call (352) 243-9991 to schedule a consultation. 

Benefits of an Enhanced Life Estate Deed

Experiencing the end of life of a loved one is an extremely difficult process. Unfortunately, the process doesn’t end with the final farewells. In fact, it’s almost cruel how much family members must contend with while still feeling such raw emotions. The State of Florida does provide some easement when legal documents have been properly prepared. An Enhanced Life Estate Deed, also known as a Lady Bird Deed, can simplify the process of transferring real property. By executing such a document, you can avoid probate court, qualify for the Florida Homestead exemption, maintain Medicaid eligibility, and reserve powers to yourself.

A traditional life estate deed is an irrevocable transfer of your property to remainderman (your beneficiaries) while reserving ownership and the right to use the property during your lifetime. While it will avoid probate upon your death, the problem is that once your name the remainderman they can not be changed. Relationships can be tricky and you want to reserve your right to change the remainderman if you should change your mind about to whom you’d like to gift your property.  This is where the enhanced life estate deed can be beneficial. 

An enhanced life estate deed will transfer the property to a grantee while you reserve the right to live on the property for the remainder of your life. It provides the flexibility for the grantor to have a change of mind about the remainderman as well as be able to sell or mortgage the property and basically do as they please during their lifetime. It is only upon your death that the grantee receives full ownership of the property.

Additional benefits of an enhanced life estate deed are the following:

• With a properly executed enhanced life estate deed, the transfer to the named remainderman automatically takes place upon death of the grantee.
• An enhanced life estate deed is an inexpensive option to transfer real property.
• The remainderman are protected against creditors during the grantee’s lifetime.
• As of January 2020, enhanced life estate deeds may be signed remotely.

We can’t take away the pain of losing a loved one, but we can provide guidance and help prepare so that when the day comes the process is as easy as possible for the surviving family. The Law Office of Pamela J Helton will be honored to assist you with your estate planning. Please call us at 352-243-9991 to schedule an appointment with one of our attorneys. 

Should I Designate a Preneed Guardian?

 

We’ve all seen the tv shows or movies where a person needs immediate health care, but (pause for dramatic effect) there is a fight over which person has the right to make medical decisions on their behalf. Well, this doesn’t just happen in Hollywood. This is a common occurrence in real life with real consequences and it’s not restricted to medical decisions. 

Fortunately there is a legal tool which can help mitigate these trying circumstances. It’s called a ‘Preneed Guardianship’. Florida statute 744.3045 has the full details, but in essence a Designation of Preneed Guardianship allows a person to select their guardian should they become incapicitated in the future. A list of guardians may be designated in order of preference. In addition to listing who the person would like to have as their guardian, the document also allows a person to list individuals who they do not want to serve as their guardian. The State of Florida also allows a parent to name a preneed guardian for their minor children should the parent become incapcitated, disabled, or die. 

The Preneed Guardianship is intended to ease the process of the court naming a guardian. It can also reduce family friction and can help deter abuse and exploitation of the person in need. When deciding who to name as your guardian, it’s important to choose someone who you trust will make decisions in your best interest; even make the decisions as they believe you yourself would make if you were capable. 

 

The court in the county where the incapacitated person lives ultimately has the power to approve or deny who will become the guardian. When a petition to determine incapacity is filed with the court, they will check to see if a preneed guardianship is already in place. Florida statute states “The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.” 

 

The Law Office of Pamela J Helton has been serving the community for 20+ years. We are here to assist with all of your family law needs including wills and estate planning. Our attorneys will guide you through the process and will prepare all of the necessary documents. To schedule an appointment, please call 352-243-9991. We look forward to speaking with you.

Together, We Can All Move Forward

As 2021 comes to a close, we’d like to take a moment to reflect. 

We’ve been living in a pandemic for almost two years now. Yes, we’ve all faced challenges, some more than others, but we are still moving forward. We commend each of you for facing your challenges and struggles as you found ways to get from one day to the next. 

If you spend time on social media or watch late night shows, you’ve likely seen a number of memes/jokes about how we should be scared of what 2022 might bring our way. It’s ok to give a little a laugh, but then move on. 2022 is going to be what YOU make of it. 

Will we still be living in a pandemic? Yes. At least in the beginning of the year. Will it get worse before it gets better? Perhaps. But you made it through 2020 and you made it through 2021. You can make it through 2022 also. 

There has been a lot of focus on negativity and division in the world. But, we can tell you from personal experience that there are plenty of people spreading positivity and working to make connections within our communities. There is love and support all around us. Sometimes it’s as simple as choosing to look at the positive instead of the negative. If by chance you’re not seeing positive things in your slice of the world, why not try being the positive? Smile at strangers. Hold doors open for others. Compliment someone on their outfit, hair, work, etc. It doesn’t have to be grand gestures. Small acts of kindness go a very long way. 

When the pandemic is over, we will still face challenges and struggles. The skills you’ve been forced to acquire these past couple of years will serve you well. In our law practice, we work with people going through some of the most difficult days of their lives. The advice we give is often the same advice that has helped so many move forward during the pandemic.

• Take one day at a time

• Get up, dress up, show up

• Plan ahead

• Listen to your heart or intuition

• Practice spirituality

You may have noticed that we used the term ‘move forward’ a number of times. That’s been an important phrase and action for us. We made the decision to move forward when many continued to sit still. We reached out to others with like mindsets who joined us in finding ways to move forward and helped us encourage others to come with us. We worked together to find new ways to live and work since our old ways weren’t feasible anymore. We focused on solutions and hope and tried our best to spread those as far and wide as we could. These steps worked well for us and those who committed to do the work with us. We share this with you in hopes that it might help you find or hold onto hope and move forward too. 

We thank everyone who walked with us these past couple of years and appreciate all who put their trust in us to help them with their family law issues. Please know that our law firm is a resource. If you have a need, we can help you find the resources to help. 

We wish everyone a very happy 2022!

Steps to Stay Healthy When Living in a Toxic Environment

It’s very difficult to exist in a toxic environment, especially when that environment is your

home. Unfortunately, many people found their home environment became increasingly

toxic during the stress and isolation of the pandemic. This has led to a large number of people

deciding that divorce is the best option for them as they move forward. 

It would be great if once the decision to divorce is made, the environment magically becomes less toxic, but of course, it doesn’t work that way. For some, the decision itself may bring at least a bit of relief, but for others, the stress, tension, and toxicity may grow. 

Living with large amounts of stress and tension on a regular basis can have a negative impact on health. You may find it difficult to relax, focus, or function. You may become conditioned to expect the worst in every interaction. So how does one stay healthy during a prolonged period of negativity?

Self-care is a term that is used often these days. It’s an important part of maintaining your health during stressful times. Here are some self-care steps you can take:

1. Hydrate - This is not just important during times of stress, it’s important every day! Dehydration can lead to dizziness, lightheadedness, confusion, and more dire symptoms. Add these to a body that is already over-stressed and day to day tasks become difficult. During a time when important decisions need to be made, you want your mind as clear and focused as possible. 
2. Exercise - It does a body and mind good! Exercise releases endorphins which can naturally reduce stress and improve mood. Moving your body can also help focus your mind.
3. Watch What You Consume - When stressed, it’s even more important to feed your mind and body well. Eat healthy food and avoid processed sugar snacks. Listen to healing music, read self-help books, watch movies that make you laugh.
4. Sunlight - Exposure to the sun increases serotonin and can help reduce anxiety and depression.
5. Make Plans - It’s not always possible to move out of the home or even if you can, you may not be able to move to your ideal living situation right away. But, making plans to get yourself to your ultimate goal can be empowering and help you get through the tough times. 
6. Get Help - You don’t have to go through it alone. Talk with supportive friends or family. Attend support groups. Find a professional for counseling. 

At the Law Office of Pamela J Helton, we specialize in Family Law and have gone through the journey of divorce with many people. Our attorneys are not only extremely knowledgeable about the law, but also compassionate and help guide our clients through the process. If you’d like to schedule a consultation, please call our office at 352-243-9991. We will be happy to assist you.

Adult Adoptions in Florida

The state of Florida recognizes the importance of having a permanent and legal connection to “parents” and therefore allows adult adoption for young persons formerly in foster care. Simply turning 18 does not end the possibility for a person to be adopted. When a caring and loving relationship develops between and adult or couple and a person who has spent time in care, they may choose to do an adult adoption. 

Since all parties involved are legally adults, the process is a bit different than when children are adopted. The adoptive parents and the adopted adult must agree to the adoption and when the adopted adult is married, their spouse must also agree. Notably, the birth parents do not have to consent nor do their parental rights need to be terminated. Notice of the final hearing will need to be provided to the birth parent(s). Fla. Stat. 63.062(8)(b)

Fla. Stat. 63.092(3) states that a home study is not required for an adult adoption. However, a home study may ordered for 'good cause shown'. For example, where there is concern that the adoptive parent(s) might take advantage of the adopted child. 

The adoptive parents also are not required to financially support the adopted adult. But if the adopted adult is young enough they will be eligible to be on the adoptive parents health insurance plan or car insurance plan should they care to add them. 

The adopted adult may legally change their name if they wish to do so. In that case, all legal documents such as driver's license or social security card will need to be updated. A new birth certificate will be issued listing the adopted parents as the birth parents. 

Adoption holds a special place in our hearts here at The Law Office of Pamela J Helton. It will be our sincere pleasure to help guide you through the process. We offer:

• Free Confidential Consultations
• Supportive and Non-judgmental environment
• Financial Assistance (As allowed by FL Law)
• Assistance with locating a loving adoptive family
• Assistance with adoption plan and placement
• Post placement follow-up
• Post placement counseling

Please call us at 352-243-9991 to schedule an appointment. 

Can my employer require that I receive the COVID-19 vaccination?

Can my employer require that I receive the COVID-19 vaccination? Now that vaccines have been developed and shots are being given, this is a common question we hear. The simple answer is yes. An employer can require staff to be vaccinated against COVID-19, but there are exceptions.

In cases where there are potential concerns related to a disability or where vaccinations are truly against religious beliefs, an employee may be exempt from a vaccine mandate. In fact, because of these concerns as well as concerns about potential liability, many employers may choose to strongly recommend employees be vaccinated rather than require they be vaccinated. 

Employers have the right to set health and safety conditions in their place of business, but there are limitations. Most of these limitations stem from the Americans with Disability Act (ADA) and Title VII of the Civil Rights Act of 1964. 

In order to be exempt from the vaccination, the worker will need to prove he/she has a condition covered under the Americans with Disabilities Act or establish a sincerely held religious belief under Title VII of the Civil Rights Act of 1964. In both cases, the employer may deny the request if it poses “undue hardship” to the employer, its employees, or third parties. 

With COVID-19, it’s difficult to fully determine how the rules of mandatory vaccinations will unfold since most of the existing case law focuses on employers engaged in direct patient care, where risk to vulnerable patients is a significant factor. Absent the high risk to vulnerable patients, the courts may well side against mandatory vaccinations. 

The ADA has a ‘direct threat standard’ which permits more extensive medical inquiries and controls in the workplace than typically allowed under the ADA. Because a person who is positive for COVID-19 poses ‘a significant risk of substantial harm’ to others in the workplace, employers can institute stronger health and safety procedures than normally allowed. This includes testing and possibly vaccination. 

Employers should carefully consider whether they will require the COVID-19 vaccine or not. It clearly is a hot topic and may cause disruption in the workplace. Are there alternatives to the vaccine that might keep employees safe such as social distances and face coverings? If an employer feels the vaccine needs to be mandatory to help keep people healthy, is mandating only a high risk population or workers who can’t engage in alternative safety practices doable? 

It’s also important to note that employers should review how the decision to mandate the vaccine or not might be impacted by state workers’ compensation laws and current employer insurance policies.

The COVID-19 pandemic has brought us many challenges, but we have proven we have the ability to persevere. Educate yourself on your rights in regard to the vaccine. Both employers and employees should understand their rights and responsibilities. Hopefully keeping open minds and open lines of communication will help everyone be comfortable with the path forward. 

For questions on this topic or any family law topic, please see our website or call our office at 352-243-9991 and we will be happy to assist you.

Tips to Discuss Estate Planning

Estate planning is a topic of conversation that is often put off because it can be uncomfortable, but it’s an incredibly important conversation to have. The attorneys at The Law Office of Pamela J Helton are well versed in estate planning and helping clients through the process. We offer the following recommendations to help you make this task as comfortable as possible:

• Help all involved parties understand that this is a conversation of respect and love. Children want to honor their parent’s wishes and parents do not want to burden their children with difficult decisions. 

• Choose a positive and comfortable environment to hold the discussion.

• If you’re thinking about estate planning, then the time to do it is now. We don’t know what tomorrow will bring and everyone involved will be better off when prepared. 

• Plan the conversation before beginning. Learn what specific topics need to be discussed and what options are available. Speak with an attorney to be sure you cover all necessary topics for your state. 

• Involve all family members to help limit problems down the line. Don’t put all the responsibility on one person’s shoulders and avoid keeping secrets.

• Make a list of all important documents and where they are kept. Create a master list of logins and passwords.

When preparing wills, we often recommend a package of documents that work together to secure your assets and final wishes.

A Will Package consists of:·     

 

• Living Will and Testament - This document testifies on your behalf as to what you would like done with all major assets after you pass away.

• Living Will and Designation of Healthcare Surrogate - States what you would like done in the event you are still alive, but unable to make decisions for yourself (Coma, Advanced Dementia, Alzheimer, etc.).

• Durable Power of Attorney - Gives someone of your choice the power and authority to be able to legally sign documents for you. This is necessary to take care of closing any financial accounts, transfer/disburse money, pay bills, etc. in the event you are alive, but unable to take care of those matters yourself.

• Designation of Preneed Guardian - Gives an individual of your choosing permission to take care of either you (due to mental illness, paralysis, coma, etc.) or your minor children in the event you are unable to do so.

• Memorandum of Tangible Personal Property - All personal items (personal collections, jewelry, artwork, etc.) that you would like to give to a specific friend or loved one upon your demise.

Laws differ from state to state, so if you have relocated to Florida it’s important to have your documents reviewed and modified if needed. We have been drafting wills and doing estate planning since 1997. Our experience will help ensure that all matters are discussed and all documents are prepared. 

Please call our office, 352-243-9991, to schedule an appointment to discuss wills and estate planning as well as all other family law matters. We will be happy to help.