Entries by Jeff Coleman

Health Care Advanced Directives

While much of estate planning involves the distribution of certain assets, a Dunedin estate planning attorney can discuss the importance of healthcare documents. These documents can have a significant impact on your future and well-being. General Information on Advanced Directives Your Dunedin estate planning attorney can explain that an advanced directive is a statement that […]

I Was Hit by a Car While Crossing the Street, but I Wasn’t in a Crosswalk

Were you recently hit by a car while crossing a street, but you weren’t currently in a crosswalk? You may believe that you could be at fault. However, drivers are responsible for looking out for pedestrians. Speak with your Clearwater personal injury attorney about how the driver may be liable. Contact a Clearwater Personal Injury Attorney For more […]

What Happens after You File an Insurance Claim

If you’ve been in an accident and sent in an insurance claim, you may want to know the next step after you claim is filed. The following is an overview of the common steps insurance companies will take following a claim. Contact a Clearwater Personal Injury Attorney For more information on the process of your insurance claim, […]

The Basics of Estate Planning Clearwater Documents

While estate planning may seem a daunting task, understanding your estate planning Clearwater documents typically involved can take a lot of the mystery out of it. Health Care Directive One of the most important documents in your estate plan is your Advanced Health Care Directive. This document allows you to nominate agents to make health […]

When to Consider Estate Planning

Proper estate planning can ensure that your wishes are observed, and you and your loved ones are protected. Health Care Decisions Explained By a Clearwater Estate Law Attorney Have you considered who will assist you in the event you cannot make health care decisions yourself? What if you are in an accident and cannot be […]

Orlando Man Arrested in $2 Million Dollar Fraud Scheme

The Florida Office of Financial Regulation announced on January 14, 2015 that they had arrested Gus Papathanasopoulos, owner of Neofat Industries, Inc., a/k/a Microlipid Technologies.  Mr. Papathanasopoulos was arrested on one count of securities fraud, 18 counts of selling unregistered securities and 18 counts of selling securities as an unregistered agent. Mr. Papathanasopoulos solicited more […]

NEW INVESTMENT PRODUCTS IN CLASSIC SCHEMES

Just before the holidays, the State of Florida Office of Financial Regulation issued a Press Release describing what they believe are the new products in classic schemes identified as top emerging threats for investors in 2015. According to OFR Commissioner Drew J. Breakspear, “we are seeing classic investor threats morph into new or altered dangers, […]

FINRA has issued a new INVESTOR ALERT!

Most of us are at least somewhat familiar with mutual fund terms like: Small Cap Funds Large Cap Funds Index Funds Bond Funds Most mutual funds contain the name of the investment company that is managing the fund (Franklin Templeton, Fidelity, Vanguard, for example only and NOT recommendation) with a description of the fund’s investment […]

Estate Planning Gives You Peace of Mind

Estate planning is not simply an exercise for the elderly, but a prudent step for any adult. It is a valuable gift you can leave your family, which, with your proper planning, will be spared the expense and distress often associated with administering an intestate estate.   Will This is the most basic document in […]

Information Your Estate Planning Attorney Needs

When you meet with Tampa FL estate planning lawyers, you may be asked to provide information regarding yourself and your estate needs. Here is a brief list that Tampa FL estate planning attorneys may request of you. Background Information Be prepared to provide information that can help identify you, including your name, address and date […]

Five Challenges Firms Should Address Highlighted in 10th Anniversary Letter

FINRA Releases (January 6, 2015) Regulatory A EXAM PRIORITIES LETTER Five Challenges Firms Should Address Highlighted in 10th Anniversary Letter Richard G. Ketchum, FINRA’s Chairman and CEO admitted that in the decade since publishing the first exam priorities letter, there have been tremendous changes in broker-dealer operations, the markets and the regulatory landscape. Mr. Ketchum […]

Types of Marital Deduction Trusts

Federal tax law includes a provision for a marital tax deduction. This deduction may be used by a surviving spouse to receive gifts or bequests from their deceased spouse without the imposition of the estate tax. However, when the property in the estate transfers to subsequent beneficiaries, typically the couple’s children, upon the death of […]

Financial Accounts That Avoid Probate

As part of your estate plan, your Tampa FL estate planning lawyer may recommend a variety of financial accounts that are designed to avoid the probate process. Additionally, these accounts can help get much needed funds in the hands of the beneficiary whom you designate. Joint Tenants with Right of Survivorship Your Tampa FL estate […]

FAQ Spine and Soft Tissue Injuries

If your Personal Injury claim includes soft-tissue or spinal injuries, you may find that it is difficult to understand some of the more technical terminology. This video is designed to facilitate discussion of such difficult terms and includes frequently asked questions about the spine and common injuries. You may find this video helpful in your […]

Avoiding Estate Taxes

Due to the fact that estate laws change so frequently, it can be difficult for Clearwater estate planning attorneys to devise an effective estate plan that minimizes the amount of taxes that an estate may be subjected to. In recent history, only those estates that have high values are subject to the federal estate tax. […]

Estate Plan Considerations

While your Dunedin estate planning attorney can explain that the foundation of any estate plan is to provide a plan for how your property is distributed at your death, he or she can explain that estate plans involve many more principles than this. A Dunedin estate planning lawyer can help you devise a plan in […]

Legal Requirements for Trusts

If you are interested in creating a trust as part of your estate plan, a Belleair estate planning attorney can discuss the legal formalities that must be executed with trusts. Additionally, your Belleair estate planning attorney can explain that these formalities are the same as those required by individuals who make a valid will. Writing One basic […]

Health Care Advanced Directives

While much of estate planning involves the distribution of certain assets, a Dunedin estate planning attorney can discuss the importance of healthcare documents. These documents can have a significant impact on your future and well-being. General Information on Advanced Directives Your Dunedin estate planning attorney can explain that an advanced directive is a statement that […]

Is it worth it to file an action in FINRA if you’ve been wronged?

In April of 2014, FINRA Dispute Resolution published their Dispute Resolution Statistics detailing things such as how many cases have been filed through April of 2014, the number of cases closed, the turnaround time for cases to go through the system, mediation statistics, yearly volume comparison of cases filed,  arbitration cases by controversy involved, security […]

Did you purchase Bitcoins (virtual currency)? You need to read this.

The Securities and Exchange Commission charged Erik T. Voorhees, a co-owner of two Bitcoin-related websites, for publicly offering shares in two ventures (SatoshiDICE and FeedZeBirds) without registering them. Investors paid for their shares using Bitcoin, a virtual currency that can be used to purchase real world goods and services and exchanged for fiat currencies on […]

Durable Power of Attorney Designations

A durable power of attorney may be one document that your Safety Harbor estate lawyer recommends as part of a comprehensive estate plan. Your Safety Harbor estate attorney can explain the dynamics of this legal designation. General Guidelines Your Safety Harbor estate lawyer can explain that a durable power of attorney gives you, the principal, […]

An Overview of Estate Planning  

Some people entertain the mistaken belief that estate planning is only for the elderly. However, it is especially necessary for anyone with minor children, assets to protect and anyone who wants to prepare for the future. Your estate plan helps you clearly communicate your wishes in writing through legal documents, including a will, a trust, […]

Probate and Non-probate Assets

One of the important aspects of developing an estate plan is using non-probate assets. Your Dunedin estate attorney can explain the key differences between probate and non-probate assets. Probate Assets Your Dunedin estate attorney may tell you that probate assets are those that are typically subject to probate. They may include assets that are listed in the […]

Do you qualify for simplified arbitration?

Have you lost $50,000 or less and been turned away by other securities litigation attorneys?   Did you know that FINRA has a rule change that would allow those customers with losses up to $50,000 or less to file a Simplified Arbitration. Did your broker make a trade without your permission, and you lost money? Did […]

Durable Power of Attorney Designations

A durable power of attorney may be one document that your Safety Harbor lawyer recommends as part of a comprehensive estate plan. Your Safety Harbor attorney can explain the dynamics of this legal designation. General Guidelines Your Safety Harbor lawyer can explain that a durable power of attorney gives you, the principal, the power to […]

Charitable Trusts

One of the chief goals of estate planning is to find ways of minimizing taxes on money left to beneficiaries. Sometimes settlors wish a portion of their assets to go to a charity as well. Charity trusts serve this purpose. The charitable remainder trust, or CRT, is one of the most common charitable trusts. A […]

Living Trusts

A living trust is a popular estate planning tool a Clearwater trusts lawyer can create that can be useful during the lifetime of the person as well as make the distribution of assets after death less complicated and less expensive. A Living Trust is Revocable The person who creates the trust, called the settlor or […]

Storing Wills

As you wrap up your session with a Largo estate attorney, you may learn about how to properly store your will. This is important information to know because if your will is not located, all of your hard work with establishing the best estate plan for you with your Largo estate attorney may be for […]

Community Property in Florida

Although Florida is considered a non-community property state, Florida probate law does recognize that assets and the proceeds from those assets acquired by an individual while living in a community property state may retain their community property character. A estate planning attorney in Clearwater can explain if it is beneficial to retain the assets as […]

Rolling Over Your 401(k): Should You Do It?

When leaving a job, most people automatically transfer, or “roll,” their 401(k) accounts to an individual retirement account. Now, some companies are urging departing employees to leave their savings right where they are – and there could be some good reasons for doing so. When an employee leaves a job, he or she is generally […]

Estate Planning Smarts For New Moms

Having a child is often the first time people think about their estate plans. New moms have much on their mind. I highly recommend the second edition of Deborah L. Jacobs’ book Estate Planning Smarts: A Practical, User-Friendly Action-Oriented Guide to help them plan for their family’s future. Caring for yourself. Contrary to what many […]

Estate Tax Tips for Married Couples

Thanks to the generous $5 million exemption for individuals who pass away in 2011 or 2012, the assets of relatively few people in the United States will be exposed to the federal estate tax over the next few years. To see if you and/or your spouse’s estate might bump up against the exemption, try our […]

Women and the Law

Traditionally, women have been the nurturers in our society. This is especially true in the context of family relationships. Depending on how family is defined for her, a woman may care for a husband, children, pets, parents or even in-laws. Amidst all of her caring for others, however, too many women overlook important legal and […]

Successful Conclusions

Estate Planning is a Lifetime Process, not a one-time event. Though estate administration is the final stage in the process, a successful conclusion is dependent on proper completion of each of the preceding stages. Prince or pauper, life’s journey eventually comes to an end for us all. Death, it has been said, is an equal […]

Voluntary Philanthropy

Many taxpaying Americans are involuntary philanthropists because they fail to maximize the tax incentives available under the Internal Revenue Code to become voluntary philanthropists in support of the charities of their own choosing. Are you a gracious giver, perhaps even a philanthropist? If you are a taxpayer, then the answer is yes. During your lifetime, […]

Planning for Minor Children

It is an unfortunate fact of life: airplanes plummet, trains derail, ships sink and automobiles crash. Sometimes there are survivors, sometimes there are no survivors. What is left when a tragedy claims both parents of minor children? Orphans and assets. Children are a family’s greatest treasure. Think of all the precautions taken to safeguard young […]

Retirement Plan Tax Traps

Qualified Retirement Plans (QRPs) present some of the most complicated tax and non-tax planning challenges of any asset in an estate, especially for married couples. The failure to make proper Life & Estate Plans for your QRP can unnecessarily enrich the IRS and disinherit loved ones. For many Americans, a significant portion of their estate […]

Estate Planning 101

Unfortunately, confusion and myth abound when it comes to estate planning. Perhaps that is why so few people actually get around to making such plans at all. What is estate planning? If you were to ask 10 adult Americans this question, you would likely get 10 different answers. Even otherwise financially savvy people seem confused […]

Pet Trust Planning 101

Do any of your closest friends have feathers, fins or fur? What will happen to them if you are no longer around? Although it cannot replace you, a Pet Trust can provide your friends with love and care for the rest of their lives. An estimated 500,000 pets are euthanized each year by shelters and […]

Elder Law 101

Good news, bad news. The good news is that Americans are living longer than ever. The bad news is that we eventually wear out physically, mentally or both. It is a classic Catch-22. Are you a seasoned citizen (i.e., over age 65), do you care about someone who is, or do you anticipate becoming a […]

Common Estate Blunders

Proper estate planning is not just for the rich and famous. Every adult American has an estate worth planning, regardless of their net worth. Quick.  When you hear the words estate planning, what mental images do you see?  Do you see beautiful, tanned people with incredible wealth, living in enormous mansions, riding in shiny limousines […]

Blended Family Basics

If you are a blended family member, then you are in good company. Blended families now outnumber traditional nuclear families. And the number is likely to grow, based on current divorce statistics and trends. If you are a blended family member, then you are in good company. Blended families now outnumber traditional nuclear families. And […]

Business Owner Blues

Being a business owner today is both rewarding and challenging, especially if your business is a family business. For business owners facing the unique challenge of transferring ownership of the family business upon retirement, disability or death, a properly funded Buy-Sell Agreement may be the key to survival. Are you a business owner? If so, […]

LOSSES IN REAL ESTATE INVESTMENT TRUSTS (REITS)

Did you lose money after your broker encouraged you to invest in real estate investment products to generate income or to diversify your portfolio? It is well known that real estate values have dwindled in America over the past few years.  Regardless, many banks and brokerage firms have continued to encourage their clients to invest […]

LOSSES IN FANNIE MAE OR FREDDIE MAC PREFERRED STOCKS

Have you Suffered Losses in Fannie Mae or Freddie Mac Preferred Stocks? You are not alone, and many investors in Fannie Mae and Freddie Mac preferred stocks are filing claims against their brokers and brokerage firms as a result of the sales practices related to these products. For years, investment salespeople have pitched preferred stocks […]

LOSSES IN MORGAN KEEGAN BOND FUNDS

Have You Suffered Losses in Morgan Keegan Bond Funds? Have you purchased Morgan Keegan Bond Funds, particularly the Regions Morgan Keegan High Income Fund; Regions Morgan Keegan Multi-Sector High Income Fund; Regions Morgan Keegan Select High Income Fund; Regions Morgan Keegan Strategic Income Fund; Regions Morgan Keegan Advantage Income Fund; or the Regions Morgan Keegan […]

ARE YOU A VICTIM OF SECURITIES FRAUD?

It is our experience that the majority of the victims of securities fraud simply do not take action for a number of reasons.  Such inaction is often the result of uncertainty as to what constitutes securities fraud or uncertainty as to what things brokers can, cannot, or are required to do.  Additionally, we find that […]

LOSSES IN LEHMAN BROTHERS STRUCTURED NOTES

Have You Suffered Losses in Lehman Brothers Structured Notes Sold by UBS and Other Major Brokerage Firms? Many investors are filing claims against UBS Financial Services and other major brokerage firms alleging that they were deceived as to the risks of investing in Lehman Brothers structured notes.  Brokers pitched the notes, including notes with a […]

IRS LOSS TREATMENT FOR CERTAIN INVESTMENT LOSSES

THE AVAILABILITY OF ORDINARY LOSS TREATMENT FOR CERTAIN INVESTMENT LOSSES UNDER THE INTERNAL REVENUE CODE[1] Jeffrey P. Coleman and Jennifer R. Newsom[2] I. THE SHORTCOMINGS OF CAPITAL LOSS TREATMENT. 2 II. ESTABLISHING A THEFT UNDER FEDERAL INCOME TAX LAWS. 3 The Definition of Theft. 3 Examples of Conduct Giving Rise to Theft for Purposes of […]