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

Category Archives: General

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 »

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 »

Covid-19 and Your Estate Planning Documents

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

In the last six months there have been many situations involving families who have come to this author’s office to ask what to do when one of their loved ones has succumbed to the COVID virus without any instructions on how to handle their estate or health needs. This is a recurring real-life problem,… Read More »

Homestead Rental Does Not Mean Loss of Its Protection

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

The usual understanding of Florida’s Constitutional Homestead Protection was that the property being declared as protected homestead against creditors could not be rented. However, that orthodox myth has been busted in the case entitled Anderson v. Letosky from the Second District Court of Appeals. While it is true that an entire residence cannot be… Read More »

New IRA Rules – Potential Losses of Tax Deferral

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

The old rules involving the transferring of your IRA to one of your children, spouse, partner or siblings has changed. The ability of deferring your IRA income over the remaining life time of a majority of beneficiaries has changed to 10 years. Thus, the ability to continue to defer the taxing (non-ROTH) of your… Read More »

Trust Distribution From Special Needs Trusts

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

The old Bacardi and Berlinger cases have once again raised their heads as parents try to insulate their children from having to pay child or alimony payments. As you may recall, the Supreme Court of the State of Florida and the Second District Court of Appeal agreed that attempts to prevent the payment of… Read More »

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