Author Archives: adminslf

November is National Adoption Awareness Month. Well, Floridians, be aware that gay couples are now permitted to become adoptive parents.

Until now, Florida was the only state in the country to have a blanket ban on same-sex adoptions.

Here’s what the draconian 33 year old Florida statute says:  “No person eligible to adopt under this statute may adopt if that person is a homosexual.”

 Florida Court of Appeals on Gay Adoption

But, last year, a Florida Court of Appeals decided the state’s blanket ban on gay adoption was unconstitutional because same sex parents were the only ones who could not have their petition for adoption reviewed on a case by case basis.The court ruling came in a lawsuit filed by the American Civil Liberties Union on behalf of Martin Gill, a Miami man who wanted to adopt two foster children he and his partner had been raising for almost six years.

The court said that the state, represented by the Florida Department for Children and Families, did not have a rational basis for the ban because all other groups of people, including those with criminal records, could petition for adoption and be considered on a case by case basis. Only gay couples faced a blanket ban.

Supreme Court Appeal

Last month, Attorney General Bill McCollum said he would not appeal that ruling to the Supreme Court. As a result of the ruling, the check box for sexuality as an identifying characteristic on adoption papers throughout the entire state will be finally be removed.

This decision may be appealed by someone in the future, but for now the state of Florida will be able to find homes for the thousands of parentless children with eager same sex parents-to-be. Oddly enough, the ruling will also help Florida meet a legal requirement of the state to provide a safe home for every child.

Same-sex Couple Wanting to Adopt?

If you are a same-sex couple living in Florida and have been considering adoption, now is the time to act. The Law Office of Debra G. Simms has over 22 years of experience advocating for the rights of gays and domestic partners. Call our Toll Free number today: 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.

Divorce after retirement

Over recent years, the rate of divorce after retirement has become more and more prominent. Statistics from the Office of National Statistics show that the overall rate of divorce in the United States is dropping – in every age group except those over 60. This may come as a surprise to some, but for those of us who work in a profession that deals with divorce – attorneys- it is not that shocking. Many of those getting divorced at this late stage have children who have grown up and left the home. They have been married for somewhere around 30 to 40 years.
Influences on late-stage divorce are various. One is the longer life expectancy seniors in the United States are experiencing. In 1955, life expectancy was around 70 years, but today both men and women are living nearly two decades longer. Because of this, many are choosing to divorce for their golden years. This is closely tied into a second influence, feelings of personal fulfillment andhappiness. Seniors may feel that they are in an unhappy marriage, and as retirement offers more years to enjoy themselves, they are more likely to divorce instead of staying in the relationship.

 Senior women feel more independent

Another influence may be the  changing role of senior women. Senior women feel more independent after their children have “left the nest” and are looking to forge their own identity and enjoy life. They may have achieved financial independence.  Some women also report that they need to escape the “retired husband syndrome”.  Women complain that they feel as if they are trapped with husbands who are now at home all the time just when they have just finished raising their children.  Whatever the reason, it is clear that divorce for those who have retired will remain steady for some time to come.

   At the Law Office of Debra G. Simms, we assist seniors who are going through divorce.  We offer collaborative divorce for those couples who are able to agree on most issues.  For those couples facing conflict, we aggressively represent both men and fight hard to obtain the best possible legal outcome.
   If you have any questions about divorcing in your senior years, contact us 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.
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.

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.

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.

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.

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

Short Sales

A short sale may seem like a great way to avoid the financial devastation of foreclosure, but it’s not always the smartest move. There may be better legal protections by going the foreclosure route and the damage to your credit score may be the same.  Here are some things you should know before you decide:


1. Your credit score will tank just the same

A short sale and a foreclosure have the same impact on your credit score because they are both regarded as serious delinquencies, according to a spokesman from Fair Isaac, the company that calculates the FICO score.  Other factors, such as what the credit score was before the short sale or foreclosure, may have a greater impact.

2. The lender may come after you for the difference

In a short sale, the bank will almost always try to get you, the homeowner, to sign an agreement to pay back the difference between the amount you owe and the final sale price. It’s up to you, or your attorney, to get the the lender to agree not to pursue any further payment.  The demand for payment may come years later, long after you thought you were fully recovered!

3. You’ll have less time to recover financially and emotionally

In Florida, a foreclosure takes several months or longer.  This is a time when you are not making house payments, and can help you prepare financially and emotionally to leave your property.  You give that up with a short sale.  When the house sells and closes, you are out.
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