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Have you seen or heard the debt relief advertisements about how people who owe more than $10,000 in credit card debt can get relief under the Obama financial bailout plan?

It goes something like this:  The relief given to large financial institutions under the economic stimulus plan is now available to Main Street. Large creditors were given billions in government stimulus money and now have more flexibility when it comes to negotiating personal debt bailouts through a debt settlement process  The ads go on to say: A debt settlement company can negotiate a settlement of up to 60% and this will only have a minimal impact on your credit score.
Sounds like a pretty good deal.
It would be a good deal if it were true. There is no government bail out program that allows you to get out of debt.

Here are your options:

1. You can file for bankruptcy and your debts will be legally discharged.
2. You, or your attorney, can negotiate with your credit card companies.  Each one has different guidelines.
3. You can let your creditors sue you. You may have some legal defenses.  You can always negotiate.
Before signing up with any of these debt relief agencies, talk to a licensed attorney.
Debra G. Simms

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

Many people ask me whether estate planning is different for the baby boomers than it was for their parents’ generation.  Being a boomer, myself, I feel well qualified to answer that question.  And the answer is Yes!

It’s different than our parents

Our parents’ lifestyle during their working years differered from ours in many ways.  They often had a single job, lived in a single city, sometimes even a single home, for most of their working lives.  They had one mortgage and paid it off before they retired.  The paid off house was worth many times over what they paid for it.  They could sell the home, buy a smaller house or condo, and have substantial funds left over from the sale to invest for retirement income.
Sound a little different for us boomers?  Well…we often changed employers, occupations, cities, and often “traded up” our housing several times during our work years.  We were less risk adverse than our parents and most of us grew up believing that our government, the most powerful and wealthy country in the world, would always take care of us when we were too old to work.  Our children were encouraged, no pushed, to make lives of their own often far far away from Mom and Dad.

How is it going for Baby Boomers?

Well, many of us live by ourselves (the divorce rate is still going strong at 50% for first timers and even higher for second timers), have no equity in our homes, didn’t save enough money (all the kids have college degrees, don’t they?) and instead of playing golf, bridge, majong, in our 60’s and 70’s, we will be at our desk by 9 am until…well, until we can’t anymore.
So what are the successful strategies for retirement and estate planning for us boomers?  Is it too late to plan to retire when you’re already at retirement age?  What are the options?

Reverse Mortgages

Here is one that I know of that has a bad rap.  Reverse Mortgages.  These are loans against the equity in your home that need not be paid back until the homeowner no longer lives in the home as a principal residence.  The usual requirements are that the borrower must own the home, be at least 62 years old, and have equity in the home.  The amount that can be borrowed is based upon your age, the current market rates, and the limit for the area where the house is located.
You can receive the funds under a number of payment plans including a lump sum, a line of credit, monthly payments, or a combination thereof.  Besides cash, there are other benefits:  the lump sum is not income so it’s not taxed, you can maintain your ability to live independently in your own home, and you don’t necessarily lose the ability to apply for federal and state entitlement programs, such as Medicaid.  It’s not for everybody, and certainly not for those who can’t afford to maintain their homes, but it is an option.  Just shop around and compare the costs and make sure that it fits in with your overall estate planning goals.  That’s where I come in.  Plus, I’m a boomer, and I did all that dumb stuff, too.
Debra G. Simms

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

Choosing the Right Lawyer

I recently met my Aunt’s new boyfriend. Let’s call him Bob. He is a very nice man.  Except he hates lawyers.  Hates ’em.
Of course, Bob didn’t tell me that directly. He didn’t say that he hates lawyers.  It started with religion. Bob is against organized religion because it’s hypocritical.  Well, I’ve heard that line millions of times before, but it’s always a great ice breaker, right? NO!  But, I couldn’t resist.  “Why do you think people who go to church are hypocritical?” I asked.
He answered, “Take lawyers, for example.  They go to religious services and donate their money to a religion that teaches them to be moral and ethical – do unto others as others do unto you. And then, on Monday morning, they’re right back at it, taking advantage of people in order to make a buck”.

How are lawyers taking advantage of people?

OK, now I was hooked. How are lawyers taking advantage of people?  Why do you think they are unethical and hypocritical?
Well, turns out he owns property.  Lots of it.  Tenants aren’t paying, and he can’t get them out.  The lawyers know the loopholes and even though the lawyers know their clients are wrong in not paying their rent, they know how to delay through the legal process.
Well, ok, don’t we pay our lawyers, accountants, etc. to take advantage of the loopholes?  I said, “Hold on. If your CPA told you that you can save a ton of money in taxes by using a tax loophole, would you tell him or her, No thank you.  I’ll pay more than I should!”
That’s different, he said.  Well, of course.  But, it got me wondering. Aren’t all lawyers bound to zeaolously represent their clients within the bounds of the law?  Even if we don’t like the way the law is being applied? We can always refuse the case, right?
Take my practice, for example.  Maybe my new client is thinking about Bankruptcy or Foreclosure Defense, or maybe it’s someone who consults me for Elder Law or Medicaid asset protection planning because he or she wants to pass on their life savings to their children and not spend it all on nursing home care. It’s  my job to help them, not judge them, right?
I know there a lot of people out there, like Bob, who think lawyers are unethical and will do anything to make a buck.  Happily, most of the lawyers I know, are conscientious professionals who care about doing the right thing.  And doing the right thing, as a lawyer, means we represent our clients zealously, WITHIN the bounds of the law.
The Law Office of Debra G. Simms.  Planning today for tomorrow.  It’s the law.  Write me at simmslawfirm.com or call me at 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.
It’s holiday time again and I just love Thanksgiving!  Last night my daughter and I were talking about how disappointed we are if we are invited out for Thanksgiving and the food isn’t good.  Then we get all bummed out because we have to wait a whole year to eat this kind of food again – in bulk – with little or no guilt!  That’s something to be thankful for – gluttony with no guilt!  So, usually, we just cook it ourselves!
Holiday time brings another joy besides food.  Don’t get me wrong, food is high up there.  But, for me, it’s extra special when I can be with all my daughters in one place!  It’s one of the few times that all 5 girls can make the time to come from the 4 corners of the earth and share a few days with mom.  And this year, we have an extra bonus – their dad is coming, too.  We haven’t had the whole family together at one time for a holiday in over 10 years!
So, all this family time, and seeing the girls all grown up (sort of) has given time to reflect on my own estate plans.  Don’t tell my secret, but my own estate plan isn’t up to date.  You know that famous quote about how the shoemaker’s children go without shoes?  Well, it’s the same with lawyers.

Discuss estate planning

But, this year, I am resolved to talk to my girls about what I want for my later years and also discuss estate planning.  I am even trying to give some of my stuff away, but they won’t take it!  I know this is hard for children to talk about, none of us wants to think about our parents aging.  But, since I preach these topics all day to my clients, it’s time that I take stock and make sure that me and my children are all on the same page.
I think the end of the year is a good time to put your affairs in order.  It’s a good time to look at your old wills, powers of attorney (did you know the law just changed in November on Powers of Attorney?), Medical Directives, and Living Wills.  It might be time to think about setting up a Revocable Trust or doing a Lady Bird Deed.  And it will cost you nothing if you come to see me.  My estate planning consults are free.  And, while you’re there, ask about Long-Term Health Care Planning. We might need to take a look at some Elder Care issues such as Medicaid Planning.  After all, we already paid for Medicaid in every single paycheck, right?
Call now and get a free Estate Planning consultation.  Don’t wait until it’s too late!
Happy Thanksgiving!
Debra G. Simms, Esq.
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Being in a same sex relationship in Florida isn’t easy. Besides everyday relationship struggles, those in same sex relationships have to work around the rights that heterosexual couples have that they do not. Same sex partners will often experience difficulties in estate planning, child custody, medical consent, etc. when they are considering how to best provide for their partner and family.

Equal rights for same sex partners

Recent gains have been made in the fight for equal rights for same sex partners in other states, which gives hope to those in Florida. While the most recent news is focused on New York legalizing gay marriage, there are other small gains to consider as well. For example, the state of Illinois recently passed the Religious Freedom Protection and Civil Union Act, which further defined the term “partners in a civil union” to include same sex couples. This act, which came into effect in June 2011, offers partners joined in a civil union the same protections, benefits, and responsibilities under law as granted to spouses in a marriage and also includes same sex partners in the terms “spouse”, “family”, “next of kin”, etc.

Some companies are already stepping up and adapting to the new laws. For example, internet insurance company Esurance, which already offered savings to same sex couples in California, Oregon, and Washington, now also offers savings to those in Illinois.

Florida’s laws same sex partners

While Florida’s laws may be behind other states when it comes to same sex relationships, there have been some advancements.  Many cities in Florida now have laws protecting from discrimination based on gender identity or expression as well as discrimination in public employment, and Florida legislation has added sexual orientation and gender identity or expression as protected categories to the Florida Civil Rights Act as of 2009.  Recently, Florida courts affirmed that gay couples have the right to adopt.

The Law Office of Debra G. Simms offers consultations to same-sex couples for a variety of issues, including property agreements, custody, wills, powers of attorney and medical directives.
Call for a consultation to know your rights.
Debra G. Simms

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

End of life medical care

I am writing this because I help people make decisions about end of life medical care. I am not a doctor; I am a lawyer. I constantly hear from my clients about how their loved ones were tortured before they died. That’s right. I said tortured. Not suffered. What they are telling me is that their parents were given useless care, wasteful care, and futile care. And, for many of them, unwanted care. Unwanted treatment seems especially common near the end of life.

  I believe one of the most urgent issues facing American medical care today, is people getting medical interventions that if they were more informed, they would not want. It happens all the time. The U.S. medical system was built to treat anything that might be treatable, at any stage of life, even near the end, when there is no hope of a cure.
  Yet, most of my clients tell me they would prefer quality time and relative normalcy to all-out intervention. Let’s face it – it’s almost impossible to be really in charge when we are sick and in the hospital. We are helpless, confused, and scared. We must exercise control while we still have it-before we get sick.

Law Offices of Debra G. Simms

At the Law Offices of Debra G. Simms, we help our clients make end of life, quality of life, decisions by preparing legal documents that direct who will make medical decisions for us once we cannot do so on our own, and documents that direct how far medical treatment should go if we are in a vegetative state, an end-stage condition, or terminal condition and there is no hope of recovery. We, at the Law Offices of Debra G. Simms believe that when people receive good communication and understand what’s involved, many will not want aggressive treatment at the end of life. Call us for a free appointment to discuss your legal rights to end of life medical decisions. It’s YOUR life.
Debra G. Simms
In my estate planning practice, there is one very popular rant.  It goes something like this:
Caller:  “Do you do wills?”
Me: “Yes, would you like to make an appointment to discuss the will?”
Caller:  “How much?”
Me: ” The initial consultation is free. We will go over your options and I will quote your fee.”
Caller:  “How much for a simple will?  I just want a simple will.”
Me:  “It depends on your situation.  Are you married?  Do you have children?  What kind of assets do you have?  This is why I like to have an initial consultation.”
Caller:  No, I just want a simple will.  What is your price for a simple will?”
Me:  “Well, it’s going to depend on a couple of factors.  Do you want to set up a free consultation?”
Caller:  ‘I just want a simple will.  I have been married for 30 years and I have one son.  I just want a simple will.”
Me:  “Ok, then does your son have any children?”
Caller:  “Yes, and he has a terrible wife.  I don’t want her to have any rights to my money.  And ther kids aren’t responsile.  They shouldn’t get the money until they are 25!”
So it’s not so simple.  A friend of mine calls this the LegalZoom mindset.  Law as a commodity.
I don’t do volume esate planning work.  I am not LegalZoom.  I do quality estate planning for a very reasonable fee.  It’s good for you and it’s good for me.
Call me for a free estate planning consultation.  Don’t wait until it’s too late.
Debra G. Simms
Orlando
Daytona Beach
407-331-4529 or toll free: 1-877-447-4667
Debra G. Simms

Chapter 7 Bankruptcy

3020812270_5e72fd474b_mOur Federal Court has come through for homeowners who have second mortgages or Home Equity Loans where their home is not even worth what is owed on the first mortgage!  Homeowners who have such mortgages can get rid of them in Chapter 7 Bankruptcy!
This is called “stripping off” an unsecured lien.  Prior to the recent case of In re McNeal, just decided on May 11, 2012, debtors could only strip off a second mortgage in Chapter 13 Bankruptcy, an option just not viable for many homeowners with little disposable income.
This is the first circuit level court to reach this holding.  But beware: this decision is subject to reversal on rehearing.  If you are contemplating such an action in order to save your home, act now while the Middle District of Florida is bound to follow this new law.  In a month or two, it may be too late.
Call the office of Debra G. Simms for your bankruptcy and debt relief consultation.  We have represented consumers for 25 years.
We now serve Central Florida in Orlando, and Daytona Beach.
Call us toll free at 1-877-4667.
Orlando Office: 407-331-4LAW.
Act Now!
Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Baby Boomer Living Will

Many of us Baby Boomers have parents reaching the end of their lives.  Some of us know what our parents want when they reach the end, but many of us have not had this discussion with our families.  It’s hard.  For us.  For them.
One of the most important decisions we can make in advance is whether or not we want to prolong life artificially if we are at an end stage of life.  We can make this decision legal and binding if we have a Living Will.
A properly drafted Living Will will state your advance directive about whether you want to prolong life after your doctors have determined that there is no probability of recovery.  In Florida, this applies when you are in a terminal condition, vegetative state, or end-stage condition.  A properly drafted Living Will should also direct whether or not you desire a feeding tube or hydration to keep you comfortable.
Yes, these are all wrenching decisions.  But, without a Living Will, the health care system cannot “pull the plug”.
For our parents and for us baby boomers, actually no matter your age, it is much more preferable to make your wishes known by having an appropriate Living Will.
Please contact our office for a consult on a Living Will.  Don’t do it yourself.  The forms on line are often ineffective because they are too vague or they try to cover every possible medical contingency.  And every state has specific statutory language required for a valid Living Will.
Contact the Law Office of Debra G. Simms for your consultation on Living Wills and other Advance Directives.
Don’t wait until it’s too late.
Toll free: 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.

Digital Afterlife

social media when your deadI heard a really interesting program on National Public Radio tonight. It featured Evan Carroll and John Romano who have written a book called Your Digital Afterlife.  I had been wondering what happens to all my e-mails after I’m gone.  Sometimes, I dwell on the macabre.
Answering the question posed above, the authors say, “This is a simple question and we wish there was a simple answer. Unfortunately there isn’t a standard way that Internet users can expect service providers to handle their accounts after death. Every provider is different.”
I will be researching estate planning for our “digital afterlife”, but in the meantime, here is a rundown on the most popular sites:
Facebook‘s privacy policy states that your heirs can request that your account be deleted or “memorialized.” Memorialized profiles restrict profile access to confirmed friends and allow friends to write on the user’s Wall in remembrance.  Anyone can request that it be memorialized by simply notifying Facebook and showing a death certificate or a news article that indicates your death.
Gmail’s help documents outlines the steps to gain access, which include a death certificate, an email you have received from the account in question, and proof that you have legal authority over the estate.
Twitter‘s help documents tells us: “If we are notified that a Twitter user has passed away, we can remove their account or assist family members in saving a backup of their public Tweets”.  Your heirs need to provide their contact information, their relationship to the deceased user, the username of the account or a link to the profile page, and a link to the obituary. Twitter also offer survivors an archive of the user’s public Tweets.

YouTube‘s policy is pretty simple – fax or mail the representative’s contact information, a copy of the death certificate, a copy of the document that gives the representative authority, and access to the account will be given.

Yahoo is a different story. Yahoo (which owns services like Flickr and Delicious) has a terms agreement that says there is “No Right of Survivorship” and that accounts are “Non-Transferable.” Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.  You might want to instruct your executor or personal representative to archive your Yahoo account before the death certificate is presented.

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