October, 2014 - Simms Law Firm

I know from experience that parenting is the toughest job there is and being a single parent can be even tougher. In addition to the responsibility for one’s child, an unmarried parent may often find themselves in conflict with the child’s other parent. If you are a single parent, you might need legal help in understanding your rights, especially when it comes to the complexities of paternity law.

In addition to dealing with paternity disputes (for example, the identity of the child’s father is in question), an experienced family law attorney can help with other issues such as child support and time-sharing. The issues may be more complex when one of the parents lives outside of the state. A long distance parenting and time-sharing plan should be put in place to assure that your child has the love and presence of both parents throughout their lives.

If you are a single parent in need of help with paternity issues, contact my office for a consultation. The paternity laws are complex. You may need an experienced family attorney on your side.

Debra G. Simms

I have blogged about this before, but it really bears repeating. Online document preparation services for estateplanning will never match the value of a real attorney-client relationship. Here are some of my reasons:

1. Deciding which estate plan is best for you and your family has critical tax and other legal implications. Everyone has different needs, and only by speaking with a lawyer about your goals and plans can you make an informed choice about the right estate plan.

2. The law is always changing. Lawyers versed in their state’s laws and the most recent changes can keep you up to date on these developments.

3. The basic packages are incomplete. Most online services offer the basics such as wills and deeds, but they can not advise you about probate and incapacity tools such as revocable trusts and lady bird deeds. A lawyer will advise you of your options as part of the intake consultation, often for no fee.

4. Generic documents are merely models. A lawyer can tailor documents to your needs so that you have protection that makes sense for you.

5. You are stuck with their prices. When you work with a lawyer, you can negotiate a flat fee or hourly rate depending on your needs. With online services, that is not an option.

6. The advertised prices are not what they seem. The price for a simple will may only be $79. But, what if you want a more sophisticated document because of special family circumstances? You can easily spend hundreds of dollars more for something that might be included with the attorney.

7. No on-going relationships. Your estate plan documents are prepared and all of a sudden a legal issue comes up. When you contact an online service for information, you might get a customer service hotline! There is nothing like a real life lawyer who knows you and your family and get can right to the heart of the problem.

I hope you consider this before using an online service for your legal needs. You pay hundreds of dollars every month to insure and protect your car and your house. Why not protect your assets for a fraction of this cost? Don’t cut corners on this important legal foundation.

Call the offices of Debra G. Simms for your estate planning consultation.

Debra G. Simms

Ever wonder what happens to your emails and posts on the Web when you die? As more of our lives are lived online, it’s a problem that’s becoming increasingly important.

Google has now come up with a solution for Google date such Gmail, You Tube, and Google Docs. It’s a new tool called Inactive Account Manager.

Simply go to preferences in settings and select to have your data deleted after a period of inactivity, from 3 – 12 months. Or you can ask that your date be sent to selected contacts. It’s just like leaving your belongings to a loved one or friend.

Said Google in a blog post: “We hope that this new feature will enable you to plan your digital after life- in a way that protects your privacy and security- and make life easier for your loved ones after you’re gone.

An added feature to ensure you are really gone before they send out your docs to others is that an email to a secondary address and a text to your phone will warn you if your period of inactivity point is approaching.

This makes it a lot easier to implement our own estate plans. Prior to this feature, a relative could access your Google assets by providing a death certificate and proof of an email conversation between them and the decedent. Digital belongings can be private and valuable. Now you can have control over these assets.

For more information on digital after-life planning and other estate planning advice, contact the Law Office of Debra G. Simms for your estate planning consultation.

Toll free- 1-877-447-4667

Debra G. Simms

In an effort to continue to provide meaningful solutions to the housing crisis, effective June 1, 2012, the Obama Administration expanded the population of homeowners that may be eligible for the Home Affordable Modification Program to include:

Homeowners who are applying for a modification on a home that is not their primary residence, but the property is currently rented or the homeowner intends to rent it.

Homeowners who previously did not qualify for HAMP because their debt-to-income ratio was 31% or lower.

Homeowners who previously received a HAMP trial period plan, but defaulted in their trial payments.

Homeowners who previously received a HAMP permanent modification, but defaulted in their payments, therefore losing good standing.

If you are a homeowner who falls into any of these criteria, you may be eligible for a modification under the expanded criteria. Please contact my office to see if you are eligible to begin the HAMP evaluation process. I can help.

Debra G. Simms

Orlando

Daytona Beach

Call now: Toll free: 1-877-447-4667

Debra G. Simms

Who will care for Simba, Fluffy, or Lucy, our beloved pets, after we die?

There has been a recent surge of interest in Pet Trusts as high-profile individuals have died with significant provisions in their Wills or Trusts for their animals. Last week it was reported that ALEXANDER MCQUEEN, Brittish fashion design legend, left $82,000 to his 3 dogs, Minter, Juice, and Callum. According to the Daily Telegraph of London, the dogs received the same amount as each of McQueen’s long time housekeepers. He also left a fortune to Battersea Dogs and Cats Home and animal welfare charity, Blue Cross.

Providing for pets has a long history in the courts. In 1889, an English court upheld a testamentary gift for the maintenance of horses and dogs. And, McQueen isn’t the first celebrity who has seen fit to provide for a pet beyond the grave. In 2007, Leona Helmsley’s dog, Trouble, made headlines when it was discovered that Helmsley left Trouble $12 million. A judge later reduced this amount to $2 million – still sizeably more than McQueen’s relatively deprived threesome!

Pets are very real members of the family that need to be addressed in the estate planning mix. The Humane Society of the U.S., estimates that about 400,000 pets a year need to find new homes because their owners die.

Creating a pet trust is one way to ensure your furry or feathered companions are well taken care of, even after you’re gone. Don’t simply leave behind written instructions on how you’d like your pet to be treated, as these are not enforceable.

To learn more about how to provide for you pets, read more about Pet Trusts, by Debra G. Simms. Also, check it out at

http://www.myfoxorlando.com/dpp/news/080311-pet-heirs

Please call our office for a Pet Trust consult.

Debra G. Simms

Sometimes the relationship between an unmarried mother and father falls apart before the child is born. In such a case, either parent may be forced to turn to the Courts to determine paternity and child support. Can a party file a paternity action before the child is even born?

In Florida, the law is clear that a Mother may file an action in the Circuit Court to determine who is the Father of her child. A “Paternity Action” under Florida Statues may be filed by the Mother both before the Child is born (while pregant) and after the child is born.

A possible Father may file an action in Court at any time after the child is born. It is not so clear whether the Father has the ability to file an action before the child is born. The Florida statute is silent on this issue. But this interpretation may very well raise constitutional concerns. Specifically, does this Statute violate the Equal protection clause of the US and Florida Constitutions?

OK, so, what happens if dad fears that mom might leave the state before or after the child is born? Does he have to wait? Should he wait?

Here’s where it gets complicated. Fathers not only have to look to Florida law, but also Federal Law – The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) mandates that the paternity action must be brought in the child’s Home State. But, the Act defines a child as an individual who has not reached the age of 18. Can an “individual” be an unborn child?

So, if Mom decides to leave and “go home” to another State where her family resides before the child is born, then the Father may very well lose jurisdiction in Florida and would be forced to file in the new state. In such a case, the Father may have been wise giving it a shot in Florida. Who knows, Mom might consent to Florida jurisdiction or file a counter petition which would clear up any jurisdictional issues. The Father’s worst case scenario would merely be a dismissal of the action.

Debra G. Simms

Frequently, my bankruptcy clients come to me after reaching out to debt consolidation companies. They want to solve their debt problems by avoiding bankruptcy. They have already paid thousands of dollars with very unsatisfactory results.

I’m all for avoiding bankruptcy if possible, but are these companies legitimate? Can they really help?

Here is a typical scenario:

Clients have about $50,000 in debt. The net income is around $4,000 a month. The debt consolidation agency tells the clients if they pay $1,200 per month they could pay off the debt over a 52 month period. The service fees range from $50 – $150 per month or more. Recently, my client, who receives Social Security and a small pension told me she was paying $1900 per month!

Here’s my reaction: these companies are not doing anything the clients couldn’t just do themselves. They are paying $mega bucks per month for somebody to make phone calls and send out checks.

But, I got to wondering – do they EVER work? So, I asked my friend, Sam, a debt collector. Here’s what he said:

“As a debt collector, I’ve had occasion to deal with a number of debt settlement companies, and can say I NEVER think it’s a good idea for a consumer to employ the services of such a company. First, these companies simply do not do anything for a consumer that he or she could not do for his or herself. (I thought so!) Second, it’s ridiculous for a consumer to pay thousands of dollars to such a company when those dollars could actually go to paying down debt. Third, and this is the big one, when a consumer hires a debt settlement company, collectors look at that action as an invitation to sue. Why? Debt collection success is predicated on communication with a debtor. If a collector cannot speak with a debtor, make payment arrangements, etc., there is nothing left to do but file suit.”

Then I asked Donna, a consumer advocate lawyer friend of mine, what she thought about these companies. She said:

“HIGH potential for scam activity with these things. I’ve heard of them taking the payments and never giving them to the creditors – putting the debtor in an even worse situation.”

Then I asked her, “Can’t these folks just do the same thing for themselves?”

Typical lawyer, Donna answered, “Well, yes and no. Sure the debtor can talk to his own creditors and negotiate with them. But it’s about as effective as a non-lawyer representing himself in litigation. A lawyer or advisor who knows what he is doing will likely produce a much better result. Of course, it’ll cost something to achieve.”

Last, I asked my bankruptcy guru lawyer friend, Steve, and he added this to the debate: “The Fair Trade Commission added debt settlement to its telemarketing sales rule, but this only regulates a debt settlement company who talks to clients on the phone, including if a client calls them. It prohibits upfront costs, but there is no cap on the amount of fees they can charge. And, there is no regulation of internet companies.”

So there you have it! When the evil debt collector, the consumer advocate, and the bankruptcy guru all agree on something, you have to take notice!

Before you hire a for-profit debt settlement company, call the Law Office of Debra G. Simms. Toll free: 1-877-447-4667 for your consultation.

Debra G. Simms

When you think about a Revocable Living Trust, the first thing that comes to mind is probably the fact that it is useful for avoiding probate when you pass away. But your Revocable Living Trust can be used for another valuable purpose during your lifetime. It can help you avoid Guardianship if you are ever incapacitated.

Guardianship is the process your family would likely need to go through if you were rendered incapacitated because of illness or injury. For example, if you developed Alzheimer’s disease and lost the ability to pay your own bills, manage your own financial accounts, or even make your own decisions regarding your medical care, your family would have to go to court to have a guardian appointed for you. This person would then take charge of handling all the day-to-day responsibilities of managing your affairs.

Guardianship proceedings involve legal fees and court costs, it’s a public process, it’s time consuming, and it means that a judge you have never met will be in charge of choosing a guardian to take over your life and your finances. And the guardian the judge selects might not be someone you would have chosen. If you have an incapacity plan in your revocable living trust, these uncertainties can be avoided.

When you establish a Revocable Living Trust, you appoint a trustee to take charge in case you’re ever incapacitated. This person will have the authority to take control of all the property you’ve transferred into your trust, and he or she will manage that property on your behalf, according to the instructions in your trust document. You can choose someone you trust, or a corporate trustee and provide for the smooth transition of management of your property if you cannot do so for yourself.

However, there are limits to what a Revocable Living Trust can do; your trustee will only have control over property that has been transferred into your trust. Any property that is left out will be beyond the trustee’s reach. So, you will also need a Durable Power of Attorney appointing an agent to manage your non-trust assets.

You might also want an Advance Health Care Directive and Living Will, letting your doctors know what medical interventions you do and do not want.

We at the law firm of Debra G. Simms, P.A, can help you explore your options and choose the strategy that is best for you and your loved ones.

Debra G. Simms is located at 781 Douglas Ave., Altamonte Springs and can be reached at 407-331-4(LAW). Estate Planning consultations are available.

Debra G. Simms

Already struggling with home foreclosures, harsh bank and credit card fees, and now, other financial challenges such as the damage from Hurricane Sandy, Americans have also been falling victim to the threat of debt settlement schemes that promise to make clients “debt free” over a relatively short period of time. Unfortunately, in my legal practice, I have too often seen clients who have pursued private debt settlement services before seeking my help, and have found themselves facing not relief, but even steeper financial losses.

I am stating this loudly and clearly: the vast majority of uninformed consumers end up with more red ink, not the promised debt-free outcome.

There is widespread documentation that despite the fact that the debt settlement industry is regulated by state Attorneys General and the FTC, entering into an agreement with debt settlement companies is very risky, very expensive, and often times, very unsuccessful.

Here is one trap: The debt settlement company tells you to default on your debts. The reason they are telling you this is because many creditors will not negotiate reduced balances if you are still current on your bills. But if your debt is not settled out, you will face fines, penalties, higher interest rates, and even more aggressive debt-collection efforts including litigation and wage garnishment. In most cases, the consumer is left worse off than when they started.

Another risk that these companies don’t tell you about is that if you are successful in debt settlement, you may find yourself with a new bill: tax liability. If reported to the IRS, and unless you are legally insolvent, the amount of forgiven debt is considered income and is taxable!

Real help for debt relief is available. If you have a single debt and some cash on hand, try to negotiate the settlement by yourself. Creditors typically require 25 to 70 percent on the dollar to settle a debt. If you have multiple creditors and either cash on hand or extra cash at the end of the month, you may want to consult a non-profit credit counseling agency. But make sure to check it out first.

Better yet, consult an attorney – attorneys are debt collectors and we are regulated by our state bar associations. We can negotiate debt. We can also discuss other options, such as bankruptcy,which is a legal proceeding that offers a fresh start for consumers who can’t repay their debts.

The Law Office of Debra G. Simms, P.A. offers consultations for debt negotiation and bankruptcy. Call us now for your consult in one of our central Florida offices. We can meet with you in Orlando, and Daytona Beach.

Debra G. Simms

There should only be one original of your will. Here are some of your options: a home or business safe, bank safe deposit box, with your lawyer, or in some jurisdictions, with the clerk of court.

Before deciding to store your documents at home, consider purchasing a fire proof safe. Make sure it is always locked and be certain that someone you trust has the combination. If you store your will in the bank, consider that the laws in some jurisdictions require the bank to seal the box immediately upon your death. This can result in delay and additional probate costs. If you decide to keep the original with your lawyer, ask your lawyer what will happen if he or she is unavailable when you need your document. Ask if there is an additional fee – I offer to store my clients’ estate documents at no charge.

Whatever you decide, make sure a family member or close friend knows the location of your original will.

Contact our office to learn more about our estate planning services. Call 1-877-447-4667

Debra G. Simms

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667

New Smyrna Beach Office:
817 E. 7th Ave
New Smyrna Beach FL, 32169
Local: 386.256.4882
Toll Free: 877.447.4667