Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
Be Involved With the Move and Visit Often One of the most worrisome issues for an out-of-state adult child is care that parents in any nursing home or medical rehabilitation and care facility will receive. If you suspect elderly abuse, neglect or misconduct by a care facility consult with Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan. It’s not easy, but you will be relying on strangers to be kind to and care for your family member is not a fail safe plan. You should be sure to monitor through regular and unplanned visits to see how your parents are being cared for. No one can be sure what will or won’t be done as your parents health and medical conditions change regularly. Initial care plans may become dated and the funding for additional services can be expensive. When you move your parents into a home, assisted living or medical care facility, be an active participant. Ask questions. Spend the time to know the staff and understand that your parents will change and not be able to tell you that they have. Abuse and neglect in nursing homes and assisted living facilities is a continuous problem in Florida and the United States. Elderly abuse or neglect is often very upsetting when loved ones are injured by those responsible for their care. But prosecuting those at fault can be handled by an attorney. Types of Neglect in Nursing Homes, Assisted Living Facilities Nursing home abuse can be either due to physical abuse or neglect, such as failure to provide proper nutrition or medical care. Lack of care can result in...
The Law
If you own property, have investments, valuable items that you’d like to give to family, then you should have a will. If you don’t have a will but are thinking you can just get a will kit from an online resource and do it yourself, you may want to rethink this “plan.” If you’re familiar with Florida estate law, financial planning and have written wills and other legal documents regularly, you may be able to complete it yourself. But if you want your will to stand up to Florida laws, scrutiny by judges, or heirs who may question the legality of what you’ve presented, then you should hire an attorney. Estate Planning Begins With An Attorney You’re Comfortable With Hire an estate law attorney who regularly handles and is up to date with the laws governing wills. Interview several and ask them more than what it costs. Find out if they are familiar with recent tax laws that may effect what you’re leaving to family. Will there be extensive funeral plans that require you to set aside funds for an elaborate celebration? If you’re talking about personal issues like this then you should be sure that you’re very comfortable with the attorney you select to handle your estate planning. Laws Change and Wills Need to Withstand Changes to Prevent Contests Laws change and circumstances do as well which can make a will written through a kit bought online or in a store invalid or questionable which can put the entire estate into question. A will is a legal document deciding who the estate beneficiaries will be and how and...
The Law
While the housing market in Florida is starting to stabilize, many first time home buyers are struggling with stricter standards imposed by banks and lenders. Despite incredibly low mortgages rates and reduced housing prices, many aren’t getting approved due to new financing restrictions in their contracts. Because first time buyers are a significant part of nation’s housing market, many experts believe this could be a serious issue for the economy. Possible Easing of Tough Buyer Restrictions According to the National Association of REALTORS, first-time buyers should account for 40 percent or more of home sales nationwide in a healthy economy. However, last May, they only accounted for roughly a third of home sales throughout the country. As a result, both the Federal Housing Financing Agency (FHFA) and the Federal Housing Administration (FHA) are taking steps to persuade lenders to alter tougher restrictions. Many experts in the industry say the reason banks and lenders are putting in more rigorous standards is because they are practicing so-called “defensive lending.” Much like what doctors due to reduce the risk of litigation, lenders are running more requirements and checks than necessary. Moreover, banks are uncertain about upcoming mortgage regulations that will occur for future lending when new legislation kicks in. Higher FICO Scores, Fees, Down Payments For instance, The FHFA oversees Fannie Mae and Freddie Mac which combined with the FHA make up about 90 percent of all home loan funding. They generally accept FICO credit scores anywhere between 660 and 680, however, many lenders are requiring some 100 points higher. In addition, lenders are requiring extra fees and larger down payments. Lenders...
The Law
Right now may be an excellent time to consider a mortgage workout. For the sixth straight week, the average rates on 30 year and 15 year fixed mortgages fell to a record low, according to Bloomberg. Yet, experts say cheap mortgages may help boost home sales this year. Nevertheless, reports from Freddie Mac say the average rate on the 30-year loans dropped to 3.67%. This is a sharp decrease from last week which was 3.75% and the lowest since the beginning of long-term mortgages. Furthermore, the 15-year mortgage declined to 2.94% which is down from 2.97% last week. Since last December rates on the 30-year loan have been below 4%. However, these low rates are a major reason the housing industry is showing modest signs of a recovery this year. Dropped Rates Could Help Economy Many experts say that if more people start to refinance, the drop in rates could provide some help to the economy. When people refinance at lower rates, they pay less interest on their loans and have more money to spend. Last April, sales of both previously occupied homes and new homes rose near two-year highs. This is good news because builders are requesting more permits to build and are regaining confidence in the market. In addition, the Mortgage Bankers Association stated that mortgage applications rose by 1.3% last week. While this is most likely because more people applied to refinance their homes, applications to buy a home actually fell for the fourth straight week. Although more people are starting to consider buying a home, dismal jobs report from the government are spreading fears that...
The Law
Each article of the Uniform Commercial Code is specific to certain transactions and plays a major role in the interpretation of contracts. Article 2 is a series of default rules predominately used in the sale of goods. The reason it is a series of default rules is because parties are allowed to contract out of them and courts only use the Article 2 rules if the contract itself is not clear. Therefore, it is very important for businesses to know and understand these default rules because they apply to various commercial transactions. Four Ways Around Uniform Commercial Code Rules Accordingly, there are really only four ways in which the UCC gap filler rules are superseded. As already stated, if the contract itself specifics what the terms should be then a court is unlikely to apply the UCC. If there are repeated occasions of performance within a contract, known as course of performance, then a court most likely will rule in accordance with the past performance. Similarly, the course of dealing between parties who have established a particular way of dealing with each other through previous contracts also supersedes the UCC. On the other hand, if there is well known trade usage within an industry this may also prevent a court from applying the UCC. Mixed Contracts However, the Article 2 provisions are most deficient in the coverage of mixed contracts. Mixed contracts are those that are a combination of goods and services. For instance, if you hire a painter to paint your house in which you pay for the actual paint as well as the service of painting, it...
The Law
For most corporations the directors and officers have the authority to make the major decisions for the company. However, this power is not absolute as they have to answer to the shareholders for any important changes. When the shareholders feel that the directors or officers are abusing their power, the shareholders have the ability to sue the company in a derivative suit for mismanagement or negligence. Although the shareholders are the “owners” of the company, the directors and officers are protected by the business judgment rule. Business Judgment Rule The business judgment rule is a principle of corporate governance that has traditionally operated as a shield to protect directors from liability for their decisions. The idea is that if the directors are entitled to the protection of the rule, then the courts should not interfere with or second-guess their decisions. If directors are not entitled to the protection of the rule, the courts scrutinize the decision as to its intrinsic fairness to the corporation and the corporation’s minority shareholders. The rule is a rebuttable presumption that directors are better equipped than the courts to make business judgments and that the directors acted without self-dealing or personal interest and exercised reasonable diligence and acted with good faith. Accordingly, the application of the business judgment rule operates in conjunction with the fiduciary duties of corporate directors and officers. A fiduciary duty is a legal relationship based on trust and confidence between different parties. Thus, the officers and directors have fiduciary duties to the shareholders and the company as an operation of the law. These duties include a duty of loyalty, due...
