Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
Venice 941-207-2223
Helping individuals & families across Florida with their legal matters since 2005

Recent Blog Posts

Caring For Pets

By Law Offices of James W. Mallonee, P.A. |

When a pet owner passes, it is not always clear what will happen to the owner’s pet. This is especially true if there are no instructions left for the decedent’s personal representative or trustee on the health, maintenance, shelter and feeding for the abandoned animal. However, careful planning prior to ones death can reduce… Read More »

Is Your IRA Protected?

By Law Offices of James W. Mallonee, P.A. |

The Florida Legislature created Florida’s statute Chapter 222 which lists a variety of exemptions from creditor claims. One of those exemptions was to protect individuals IRA’s under a plan that qualified for 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) status under Federal code…. Read More »

Foreclosures | Debt Forgiveness

By Law Offices of James W. Mallonee, P.A. |

If you are a homeowner whose residence was foreclosed or you short sold your property, you may be wondering what the consequences are regarding the difference between the remaining principal owed and what the property eventually sold for. Your financial institution has a few options the most prevalent one in the case of a… Read More »

Probate – Exempt Property From Creditorss

By Law Offices of James W. Mallonee, P.A. |

There has been a recent change in a statute to Florida’s Probate Code that is a significant boon to surviving spouses or children of a decedent. Section 732.402 of the Florida Statutes was amended in July of 2009 to assist families in avoiding creditor claims against a decedent’s property. This article discusses those major… Read More »

Durable Power of Attorney – New Legislation

By Law Offices of James W. Mallonee, P.A. |

On October 1, 2011, new legislation related to Durable Powers of Attorney became law. The revamped law has some significant changes to who can serve as an Attorney in Fact as well as protection to institutions who may be reliant upon its validity. Generally speaking a Durable Power of Attorney gives another person (known… Read More »

Transferring Property to Avoid Creditors

By Law Offices of James W. Mallonee, P.A. |

In a previous article I provided a list of assets exempt from the claims of creditors under Florida law. That same article also warned of the potential pitfalls of transferring property with the intent to avoid a creditor. The Florida legislature created Chapter 726, which is appropriately known as Florida’s “Uniform Fraudulent Transfer Act”… Read More »

How Protected Are My Assets?

By Law Offices of James W. Mallonee, P.A. |

In these times of uncertainty and financial meltdowns, its good to know what assets are protected from creditors. Florida law is one of the more protective states when it comes to keeping creditors at bay and protecting its citizens assets. Chapter 222 of the Florida Statutes provides exemption from creditors for such things as… Read More »

Estate and Income Tax Planning

By Law Offices of James W. Mallonee, P.A. |

In 2010 the Federal estate tax exclusion was increased to $5.0 million dollars per person. Even more impressive was the fact that the Federal government gave the ability of a married couple to share any unused amount of their $5.0 million dollar exclusion with their surviving spouse. The government called this “portability.” In essence,… Read More »

Rental Security Deposits

By Law Offices of James W. Mallonee, P.A. |

So you decided to move into a rental property. You supplied the required security deposit and now the term of the rental agreement has expired. What happens to your security deposit? Whenever money is deposited as a security for performance or as advance rent for other than the next immediate rental period, the landlord… Read More »

Landlord Statutory Obligations

By Law Offices of James W. Mallonee, P.A. |

So you decided to move into a rental property. Florida’s landlord tenant statutes provide specific laws to protect the tenant by statutorily requiring certain obligations of the Landlord to provide habitable conditions. The first requirement of the landlord is to reasonably inspect the premises before allowing a tenant to take possession. During the inspection… Read More »

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