- DivorceA prenuptial agreement is an agreement between two people that deals with the financial consequences of their marriage ending. All marrying couples have a “prenuptial agreement” – it is known as “divorce law” – which may or may not put them in an equitable position. To assure the right (which depends on each partner’s definition of “right”) most people prefer to take control of their lives, rather than leave it in the hands of the government. Therefore, these couples choose to execute a “prenup.”
- Premarital AgreementMarriage is a wonderful institution, but in today’s world, even those who were head-over-heels for each other on their wedding day are statistically more likely than not to find themselves on opposing sides of the mediation table. A prenuptial agreement is much like a homeowners’ insurance policy – you don’t plan on something bad happening to your home when you purchase the insurance, but you still buy it “just in case.” The same goes for a prenuptial agreement – you don’t plan on getting a divorce, but you still execute one “just in case” (although statistically you are more likely to get a divorce than to make a claim against your homeowners’ insurance policy).
- GuardianshipRest assured that Florida law is very minor-child-protective. When no instructions are put in place, a Guardianship Court will appoint a guardian based on “the best interests of the child.” As such, it first looks to immediate and then extended family. It will then consider any close friends who may step up. But what if you don’t have such people in your life; what if you have too many of those people in your life and they fight over the children; what if there are certain family members you simply do not want having parental rights over your children; what if…; what if…; and what if…
- Spousal SupportUnequal Income. A prenuptial agreement is appropriate when one spouse enters a marriage with a higher income generation capacity – the agreement can be used in many states to limit the amount of alimony that is payable.
- Theft
- Identity TheftIR-2020-64, April 2, 2020 — The Internal Revenue Service today urged taxpayers to be on the lookout for a surge of calls and email phishing attempts about the Coronavirus, or COVID-19. These contacts can lead to tax-related fraud and identity theft.
- Internet CrimesThe Direct Deposit scam should be forwarded to the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) where a complaint can be filed. The IRS requests that Form W-2 scams be reported to: phishing@irs.gov (Subject: W-2 Scam).
- Business FormationEmbarking on a business venture encompasses a myriad of important decisions. Business formation decisions such as where to incorporate, what entity form best suits the business and the tax implications attendant to that choice are the most fundamental considerations.
- Business Transactions
- Limited Liability CompaniesBusiness Entities. Corporations, partnerships and limited liability companies (LLCs), aside from providing business structure and taxation efficiencies, all provide unique opportunities for limitation of liability – i.e., asset protection. Although today, with the advent of technology, anyone can go online and form a company, the ease with which it is done may be quite misleading. In reality, in order to overcome a claim by a creditor, each entity has its unique set of formalities that must be met, such as a proper governing agreement, proper resolutions, asset segregation, independent accounting and so forth. Furthermore, choosing the proper entity for the proper goal is not as straightforward as it seems. Selecting and implementing the correct entity in the correct manner will be the line of defense between you and your creditors. Having a lawyer consult you on the proper entity and implement the proper formalities is crucial – and without such guidance, you will only learn of its deficiencies when it is too late.
- Trade Secrets
- Wrongful Termination
- Employment ContractAt Dorot & Bensimon PL we guide our clients in determining the most suitable way to move forward. We prepare the appropriate governing documents – articles of incorporation, operating agreement, partnership agreements, bylaws, corporate minutes – and draft all necessary business operation documents – employment contracts, business contracts, leases, purchase agreements and all other necessities. Finally, we assure that the business is registered and compliant with all local, state and federal regulatory entities and with the Internal Revenue Service.
- Employment Litigation
- Real Estate TransactionsAt DOROT & BENSIMON PL our attorneys provide practical and knowledgeable legal counsel related to all aspects of real estate transactions, land use, entity formation, and financing. Our attorneys have helped many individuals and entities with the purchase, trade, ownership, and management of residential and commercial property.
- Estate PlanningEstate planning is the process by which you plan the succession of assets, but more importantly, it is a means by which you can continue caring for those you love and protecting them when you’re no longer there.
- WillsBeing that the probate proceedings govern assets that are titled in your name at your death, having a last will and testament in place will not avoid probate, since your last will and testament merely addresses the allocation of the assets to your beneficiaries. However, since probate only governs assets that are titled in your name, utilizing a Revocable Trust can significantly reduce, and in most cases even eliminate the probate process. In general, establishing a Revocable Trust and transferring your assets to it during your lifetime will remove those assets from your probate estate, since the assets will not be “owned” by you, but rather by the Revocable Trust. Notwithstanding this legal distinction, you will still have full control and benefit over the Revocable Trust and the assets in it so long as you are living and not incapacitated. It is merely a mechanism by which you avoid probate. Of course, there are many other benefits and uses for a Revocable Trust, but when it comes to probate avoidance, this is the key.
- TrustsThis form of asset protection is meant for those who have higher exposure due to the nature of their business, lifestyle or high-risk potential. This category would, in fact, require a qualified attorney to advise you on and help you implement the appropriate strategy. This category includes the use of business entities, irrevocable trusts, asset leveraging and more advanced strategies. At Dorot & Bensimon PL, we represent doctors, lawyers, real estate developers and many other individuals that may be in a highly-litigious field.
- Power of AttorneyDurable Power of Attorney. While a power of attorney is a familiar document – appointing someone to stand in your place from a legal perspective – in the event that you become incapacitated and unable to revoke such power of attorney, it automatically, by operation of law, becomes invalid. A Durable Power of Attorney is a power of attorney that “endures” incapacity and continues to be in force. In the event that you become incapacitated, this power allows the appointed individual to act on your behalf to sign legal documents as if such a person’s signature is in fact your signature.
- Probate
- Bankruptcy
- ForeclosureThe Tax Implications of Short Sales & Foreclosures, ” Monroe County Chapter of the FICPA, Hawks Cay Resort, Duck Key, Florida, September 2009.
- Tax LawImmigrating to the United States entails significant considerations. An immigration attorney is probably already assisting you in obtaining a Visa, residence status or permanent citizenship. However, very strict and sometimes unduly burdensome tax rules apply to foreigners immigrating to the United States, which your immigration attorney may not be familiar with. The sooner you are aware of these potential pitfalls, the more opportunity you will have to avoid them. At Dorot & Bensimon PL we assist our foreign clients in preparing for the move in the most tax-efficient manner by utilizing foreign trusts and pre-immigration gifting techniques. If you are a high-net-worth individual, or if you plan on migrating your foreign business to the U.S. or keeping it operating in the foreign country, it is imperative that you are properly advised before the move in order to assure that you are maximizing the tax planning opportunities and minimizing the lack-of-planning pitfalls.