Law Offices of James W. Mallonee, P.A.
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Helping individuals & families across Florida with their legal matters since 2005

Author Archives: tdaguilar

Answers to Frequently Asked Questions About Bankruptcy and Debt Settlement in Los Angeles

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

If you are in over your head with credit card bills, mortgage payments, personal loans or other debts, you are likely stressed out over the situation, and rightly so. But a lot of worry and anxiety in this situation comes from not knowing your options or what you can expect to happen. Below, our… Read More »

Tax Time, Did You Know What Your Partner Claimed?

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

When you signed your 1040 form, did you know what your spouse, partner or joint filer entered on the form? Although this should not be a question, the reality is that many joint filers are not fully aware of what was entered and filed on form 1040. It is not uncommon for this to… Read More »

Can Terms Under One Landlord Survive a Second Landlord

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

Can a new landlord alter the terms of a rental agreement before the rent period has terminated? The answer is yes and no. It all depends on any pervious actions which may have been waived and the written terms of the agreement. If the previous changes were not placed in writing, the result will… Read More »

Trustee Resignation

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

Trustees who are appointed by a testamentary document are generally considered to remain as the trustee through the life of the trust’s beneficiary. But suppose the person who is the beneficiary of a trust instrument is 10 years of age and in good health. This means that the trust may continue (and the trustee… Read More »

Limited Liability Company (LLC) Operating Agreements

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

It generally takes a law suit to bring about some recognition regarding a need when it comes to planning a business operation. Consider the Limited Liability Company and its progeny which provides the average citizen the ability to own a company and have their personal property protected against losing those assets creditors. Historically, the… Read More »

Estate Administration

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

How many personal representatives do you need to manage your estate following death. You can select any number of persons to serve as personal representative, but with that selection comes potential problems and litigation. You are limited (under Florida law) to who can serve as your personal representative but not as to quantity. Florida… Read More »

Homestead Rights of Spouses – Better Make Sure They Sign the Deed

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

There is a case pending with the following facts: 1) The spouses are separated and had been for a good ten years; 2) One of the spouses elected to purchase a vacant lot and build a residential home on the lot; 3) The spouse who was building the new home had two children who… Read More »

Real Estate Stepped Up in Basis

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

Did you know that when you die your permanent property (where you call home) receives a step-up in basis in an effort to avoid capital gains taxes. This avoidance prevents the decedent’s estate and its beneficiaries from being taxed as a gift or income. This is also true for stocks and bonds and other… Read More »

Are Real Estate Professionals Required to Investigate Unknown Defects to Property?

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

Are real estate sales personnel required to investigate defects in a residential property before listing it? The answer is yes and no. There is certainly a responsibility to investigate if you are aware of such defects and expose those defects in non-commercial properties. But just when is that disclosure to be made and by… Read More »

Preserving Assets From Nursing Homes

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

As persons get older there is the fear that they may be placed in a nursing facility and whatever assets they have will be absorbed by such facility leaving nothing for their children. But this does not necessarily have to happen provided you spend some time with the attorney of your choice and devise… Read More »

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