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

Real Estate Odds and Ends

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

Have you ever wondered about those documentary stamps that the government charges when you convey your property to another? If you have, you’re not alone, it is sometimes a mystery as to how the assessment is for the tax is made. You should think of it as a sales tax similar to the type… Read More »

Will and Trust Bequests, Bankruptcy and Judgment Creditors

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

The need to protect your current assets as well as future assets (e.g. inheritance) is becoming more critical than ever. This article discusses those situations where a family patriarch who is financially stable has children who are under financial distress, insolvent or in bankruptcy and lose their parents’ bequests because the parent’s testamentary document… Read More »

Personal Representative Recovery of Homestead Expenses

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

It is well known that Florida law protects homeowners against forced sale from creditors. This also holds true when the owner of his or her primary Florida residence dies leaving judgment holders waiting to be paid. The protection against forced sale of a decedent’s homestead to pay creditors also passes to the heirs who… Read More »

Protecting Tangible Personal Property

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

Your estate will consist of your real, intangible and tangible personal property. Real property is fairly obvious, it’s the dirt that you own. Your intangible personal property consists of cash, stocks and bonds. The tangible personal property of your estate is defined as that which can be felt or has physical form and substance…. Read More »

Homestead – Wills and Trusts with Pay Debts on Death Clauses

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

When preparing a Will or Trust conveying your homestead to your children or other surviving descendants, be careful not to demand the property be sold to pay debts. Why you ask; consider the following facts, Mom has a Will prepared that states that all her property is to be sold to pay her debts… Read More »

Separate Writing Outside a Will

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

When a Last Will and Testament is prepared for someone, there usually comes a moment when that person gets home and suddenly remembers that they forgot to include a specific heir loom they wanted to devise to a family member or other individual outside the family. Fortunately, Florida’s Probate statutes provide a mechanism to… Read More »

Don’t Forget the Pre-Need Guardianship Document

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

If you are concerned about what might happen to you or your child in the event you are no longer able to care for yourself or your child, then you should consider having a Pre-need Guardianship document prepared in the event a catastrophic condition affects your person and property. Moreover, with the recent press… Read More »

Exploitation of the Elderly

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

I am frequently asked what someone should do if they are fairly sure that their loved one is being taken advantage of at the hands of a neighbor, son, daughter, sibling or care giver. The simple answer is to call Florida’s Department of Children and Families (DCF) hotline and report your suspicion of elder… Read More »

Same Sex Marriage and Its Impact on Real Estate, Death and Taxes

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

During the summer of 2013, the U.S. Supreme Court ruled on the concept of marriage equality. Following that ruling, the court went on to decide that State laws banning same sex marriages were unconstitutional. That decision was born out of a New York case called Windsor v. United States. It involved a same sex… Read More »

Exempt Property from Creditors

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

Suppose a parent (who is the major bread winner of a family) should die leaving a surviving spouse and two children. The result of this type of outcome could be disastrous by suddenly placing a surviving family squarely on welfare. This article discusses a seldom recognized probate statute, Section 732.402, of the Florida Statutes… Read More »

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