Can I Make Health Care Decisions for my Spouse

Can I Make Health Care Decisions for my Spouse? This questions actually comes up quite often. Spouses usually presume that, because they are married, they are allowed to make health care decisions for each other. They, therefore, question the need for a Health Care Surrogate document. A problem usually only arises when a spouse becomes…

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Workers’ Compensation Misrepresentation Defense

Workers’ Compensation Misrepresentation Defense Cal-Maine Foods/Broadspire v. Robert Howard, 1D16-1789 (1st DCA July 26, 2017) During his May 2015, deposition, the Claimant testified that the injuries he sustained in the alleged 11/2/2014, work accident included a broken nose, orbital fractures, concussion with brain injury, and herniated disks of the neck and lower back. He sought…

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The Special Needs Trust

The Special Needs Trust Types of Special Needs Trusts: A) First Party Special Needs Trust; B) Pooled Trust; and C) Third Party Special Needs Trust. All are designed to manage resources for special needs individuals so that they can still qualify for Public Benefits. The First Party Trust and Pooled Trust hold funds belonging to…

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Execution of Wills in Florida

Execution of Wills in Florida Section 732.502 of the Florida Statutes provides that every Will must be in writing and executed as follows: (1)(a) Testator’s signature.— 1. The testator must sign the will at the end; or 2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence…

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Cash for Keys in Florida

Cash for Keys Cash for keys from the standpoint of the homeowner, involves executing a deed in lieu of foreclosure, after a homeowner signs an agreement with the bank to hand over the deed for the property to the lender.  Banks are not required by law to offer a cash for keys program, but many…

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Obtaining Social Security Disability Benefits

Obtaining Social Security Disability Benefits As noted in a prior post, obtaining Social Security Disability or Supplemental Security Income benefits can be a long, tedious, and stressful process that can take several years to accomplish, due to the backlog caused by the deluge of Disability applications filed. Even after waiting all that time, if you…

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Life Insurance Proceeds in Florida

Life Insurance Policy Section 222.13 of the Florida Statutes provides that the life insurance proceeds payable upon the death of a Florida resident shall be exempt from the claims of creditors of the insured and shall inure for the exclusive benefit of the beneficiary of the policy unless the insurance policy or valid assignment thereof…

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Estates Case Law Updates

Case Law Updates Regarding Estates Rocke v. American Research Bureau, 41 Fla. L. Weekly D227 (Fla. 2d DCA Jan. 20, 2016) – the presumption of dependent relative revocation creates a rebuttable presumption that the Testator would have preferred to have a prior Will effectuated over statutory intestacy (no Will), if it is determined that the…

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The Social Security Disability Process

Applying for Social Security benefits can be a long, arduous, and stressful process. It can take between ninety to one hundred and twenty days for the Social Security Administration to reach an initial determination. If your initial application is denied, you must file an appeal within sixty days from the date of receipt of your…

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New Location Reminder

NEW LOCATION Just a reminder for those that do not already know, that the Law Offices of Roger Craig Simmons, P.A. has a new location: 11555 Heron Bay Boulevard, Suite 238, Coral Springs, FL 33076 and a new telephone number: (954)603-0045. We continue to practice in the areas of Estate Planning, Social Security Disability, and…

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Happy Memorial Day

Wishing everyone a happy and safe Memorial Day Weekend! Lets not forget that Memorial Day is a day of remembrance of those who have died in the service of the United States.

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