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

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 »

Recent Changes to Gifts to Minors or Healthcare Surrogates

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

Have you ever wanted to transfer property to a minor as part of your Will, Trust or an outright gift, but did not want to burden the Executor or Trustee with the obligations necessary to control the gift; or maybe the minor is simply too immature to manage such gift. Back in 1985, there… Read More »

Homestead – Will I Lose My Home and Who Will Get It

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

I often get asked if my spouse dies and he or she has many medical or nursing home bills that can’t be paid because of our financial situation, will I lose the home. The answer is NO with some caveats. If you are a Florida resident your home cannot be forcibly sold to pay… Read More »

Spendthrift Versus Discretionary Trust Provisions

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

Most trusts and Wills contain a clause or paragraph regarding a spendthrift provision. Some trust provisions also provide a sentence or statement about a trustee’s ability to act in their sole discretion with regard to distribution of assets to a beneficiary. What is the difference between a spendthrift and a discretionary provision and which… Read More »

Notice of Administration – Why It Is so Important

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

If you have ever experienced the administration of an estate, your attorney has probably advised you on the necessity of serving a Notice of Administration on all interested persons of a decedent’s estate. The real question is who should be served with such notice and what purpose does it serve. The main purpose of… Read More »

Are Your Ira’s Exempt from Creditors – Maybe and Maybe Not

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 is 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 »

Homestead – Life Estate or Joint Tenant in Common – Some Considerations?

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

Under normal conditions the passing of a married couples’ property is simple, the real property is held in joint names and at the death of one of the spouses the property immediately transfers to the surviving spouse by operation of law. But sometimes there is a breakdown in relationships or the married couple marries… Read More »

99 Year Leased Property Safe from Creditors

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

For those persons who reside in a development where the possession of property is based on a 99 year lease (e.g. certificates of membership are issued), you can now consider your property safe from forced sale by creditors during life and following death. In essence, the law now recognizes long term condominium leaseholds as… Read More »

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