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What to do while waiting…..

July 14, 2011 By short2setzer

You’ve made the decision to adopt, you’ve contacted an attorney and  adoption agencies, paid money, sent profiles, you have completed a home study, maybe you’ve even decorated a room …. and NOW …….. you wait.  You wait for a phone call; you wake up every day wondering if this will be the day when it comes, and go to sleep wondering if it ever will.

First and foremost, get to know God.  He is the one in charge, who is guiding the process.  Look to HIM; get to know Him!  When you read His Word, and spend time with the Creator of the universe, the Author and Perfecter of the faith, then you get to know that He is GOOD.  And when you know that He is good, you trust Him.  And when you trust Him, you look at anything that happens, or doesn’t happen in your life as oming from the hand of God.  And since God is GOOD, then what He’s doing in your like must be for your good (I know, it doesn’t seem like that at all, but trust me on this one)

You see, God isn’t interested necessarily in your personal happiness or fulfillment.  What He’s interested in is your holiness, your devotion to Him, and your obedience.  Romans 8:28 says “and we know that all things work together for good, to those who know God, to those who are called according to His purpose.  When you understand this, and begin to look at your life and circumstances through God’s eyes, there comes a point where what you want lines up with what God wants, and anything and everything that happens in your life you can accept and have peace about because you have your spiritual filter on.

God is in control, and He will not leave you forsaken, He has a plan for you, and He loves you!!  Let Him work.  Don’t fight what He’s doing, but let Him have control.  Stop worrying and trust Him!  He knows what He’s doing.  He’s God, remember?  And His plan is so much better than anything you could have cooked up on your own.  I know – I have messed up my life on numerous occasions.

I prefer to place it in His hands and trust that he will take care of me and all of my need.  ”And I know that my God shall supply all of your needs according to His riches in glory in Christ Jesus.”  PHIL. 4:19

He is good, He’s taking care of you, so stop worrying, and look around you.  Look for the opportunities that lay before you every day to serve, to bless someone, and to further the kingdom.  When you are doing what He’s called you to do He will most certainly provide for you and bring joy into your heart, no matter what.

Filed Under: blogpost

Is adopting a Child from Japan an Option?

June 20, 2011 By short2setzer

Many American families have been inquiring whether they would be able to help during the crisis by adopting Japanese children who have been left orphans as a result of the disaster.

U.S. officials are reminding prospective parents that Japan’s adoption policy has not changed as a result of the recent disaster. Approximately 32 Japanese children were adopted by U.S. families in 2010.

Filed Under: blogpost

Asset Protection Strategies for Your Business

April 29, 2011 By short2setzer

There are a number of relatively simple strategies an organization can use to provide significant protection for its assets.

1. Separate Entities. Consider creating a separate entity (possibly a limited liability company) to hold real estate, machinery, or assets relating to a new line of business. If there were a future judgment against the corporation, the assets held in the separate entity or entities would likely not be subject to that judgment as long as appropriate formalities were followed. Tax issues can arise in connection with the transfer of assets, and these should be considered prior to any transfers. For example, the transfer of real estate out of a C corporation into a limited liability company could trigger a significant amount of tax, and thus make the transfer impractical. But if additional real estate or a significant piece of machinery or equipment is being acquired, having a new limited liability company purchase it (and then lease it to the corporation) could have significant advantages.

2. Limited Liability Companies. A limited liability company (“LLC”) is a hybrid type of legal entity that has some characteristics of a corporation and some characteristics of a partnership.

  1. Owners of an LLC are called members;
  2. They can elect to receive pass through tax treatment like a partnership or an S corporation, or to have the LLC taxed like a C corporation;
  3. They have limited liability like in a corporation;
  4. They have a great deal of flexibility in management structure.

LLCs can provide significant asset protection advantages. A creditor of an owner of a corporation (that is, a creditor of a stockholder) often can gain control of a corporation by getting control of the owner’s stock. Creditors will have a much more difficult time gaining control of an LLC. Thus, many business owners now prefer to form an LLC instead of a corporation when the need for an additional entity arises.

3. Insurance. Review all of your business insurance with both your attorney and your insurance agent. Since your attorney is not selling any insurance products, he or she can often provide an objective review of the types and amount of your business insurance. Having adequate insurance is one of the most important (and generally one of the most cost effective) ways to provide protection for your business.

4. Update Corporate Records and Follow Required Formalities. Many closely held businesses do not keep their corporate record books up to date. In the event of a lawsuit against the company, a plaintiff’s attorney can attempt to “pierce to corporate veil”. This means the corporation will essentially be ignored and the owners (shareholders) will be personally liable for the corporate debts.  Following basic corporate formalities, including

  1. Holding an annual shareholders meeting;
  2. Holding regular meetings of the Board of Directors;
  3. Avoiding any mixing of personal and corporate assets; and
  4. Keeping corporate records up to date.

will all help to insure that the assets of the owner(s) of the business are insulated from any judgment against the business. One of the many advantages of an LLC over a corporation is that LLCs require fewer formalities in both their organization and operation. However, piercing of the LLC veil is also possible under various circumstances, including inadequate capitalization or failure to maintain a separate indentity (for example, failing to have a separate bank account for the LLC).

5. Business Succession Plan. Many business owners lose sleep worrying about lawsuits and other potential legal claims. While these concerns are often justified, more businesses collapse from lack of a business succession plan than from a lawsuit bought by a party unrelated to the business. Lack of such a plan can lead to fights among family members, including litigation, which can be disastrous at both a business and a personal level. Paying attention in advance to at least some form of succession plan can save an enormous amount of trouble later. Life insurance should be considered as one part of the business succession arrangement. Good business succession planning is also a form of asset protection planning.

6. General Legal Review of Business Operations. Is your business in compliance with applicable employment laws and other regulatory requirements? Has your employee manual been reviewed recently? One lawsuit will likely cost far more than a basic legal compliance review. A legal “check up” is like a medical check-up: identifying one or more serious problems and taking care of them now can avoid a much greater problem later.

Filed Under: blogpost

Do Creditors Have to File Homestead Designation with Government to be Protected?

April 29, 2011 By short2setzer

This week a client situation occurred where the issue came up – whether a new Florida resident has to file something with their county court in order to register their homestead as being exempt from civil creditors. Sections 222.01and 222.02 of the Florida Statutes provide means by which a Florida resident may claim homestead exemption and notify judgment creditors of the property’s exempt status either before or after a judgment has been entered against the them.  The question was whether these statutory procedures are required to exempt homestead from creditors. The answer is no. Florida courts have held that no declaration or any other act of a property owner is required to make the owner’s primary Florida residence an exempt asset if the facts otherwise indicate that the property is the owner’s domicile. I know of no case in either state court or bankruptcy court which has held that failure to use the procedures of Sections 222.01 or 222.02 disqualified a debtor’s homestead exemption. The statutory procedures are expressly optional: they state that people “may” use these procedures. In a court case, if you show that a particular Florida property is your primary residence you will be afforded homestead protection. Using the declarations and procedures in these statutes will not harm your position, but are not required and as a practical matter are not given substantial weight in court.

Filed Under: blogpost

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Estate Planning
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Adoptions
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Welcome to Short, Setzer, Cowart, The Florida Planning Law Firm

We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals and businesses to preserve and pass on our clients’ lifetime of hard work, vision, and sacrifice. We welcome the opportunity to discuss your needs, our qualifications, and fee structures with respect to estate planning and trust and estate administration. We are a caring and compassionate law firm working hard to assist our clients pass on their Family Wealth and Legacy to their loved ones!
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