A Springing Power of Attorney is a specific type of power of attorney that is activated only upon the incapacity of the principal party. Upon the principal party’s determination of incapacity by a physician or a Court Order, the agent designated in the Springing Power of Attorney is then able to secure and manage the […]
Widerman Malek Law Blog
Florida is the Top Place for Military Retirees
Wallethub recently performed an analysis based upon several criteria and determined that Florida is the top place for military retirees. This may shock some (ok, probably not), but for those who are the born and raised type of Floridian, this really isn’t a surprise. How could it be? Beaches, warm weather, no state income tax, […]
Mason Williams Recognized as 2024 Best Lawyers: Ones to Watch
Congratulations to J. Mason Williams IV for his recognition in the 2024 Best Lawyers: Ones to Watch in America. He’s been highlighted for his work in: Commercial Litigation Litigation – Construction Litigation – Trusts and Estates Lawyers recognized in Best Lawyers: Ones to Watch in America are divided by geographic region and practice areas, and […]
Common Estate Misunderstandings
People often wonder what they are entitled to see after a family member passes away or sometimes before, whether it is a power of attorney, living will, will, financial documents, etc. So what are you entitled to and when? The answer, like many legal answers is, it depends. On what? Well, is the person alive? […]
Business & Asset Protection
Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]
Asset Protections – Raising The Bar
Protections Beyond Delaware & Nevada All too often the run-of-the-mill advisor or advisor lacking updated information (again, even lawyers) will simply organize your one or two LLCs in Delaware or Nevada without conducting any legal research on what states may currently offer more protection and less stigma. For instance it is possible, while still staying […]
Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part II
Strangling The LLC’s Sole Managing Member So every doctor, lawyer, and other professional with two diplomas to rub together knows the LLC (Limited Liability Company) can offer some form of protection; however, not every professional knows that many courts feel very comfortable with financially strangling the sole managing member of a single member LLC. Most […]
Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part I
Quite often professionals think of the phrase “Asset Protection” as a guaranteed, magical, infallible means of protection. Medical practice asset protection is really about maximizing litigation deterrence, optimal obstacle design work, and leveraging your power in the settlement process, as opposed to magically creating supernatural shields. The more well thought out, properly created obstacles or […]
What does it take to create a trust?
A trust is an animal with several different heads. In order to create a non-charitable trust, you need several different parts. Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida. Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]
