No Comments, Elder Law, by Floyd Law Firm.
May is National Elder Law Month, so cheers to all of our Elder Law clients!
Elder Law is a fast-growing field which encompasses numerous related areas of law with a very specialized and narrow focus on benefiting the aged. Some of the various areas of law included are Medicare and Medicaid planning, preparation of wills, living wills and powers of attorney, drafting and administration of trusts, retirement planning, real estate issues, protection against elder abuse, neglect and fraud, nursing home/assisted living litigation, disability and long-term care issues, guardianship, conservatorship, tax issues and discrimination against the elderly.
Contrary...
No Comments, Uncategorized, by Floyd Law Firm.
While perusing recent legal headlines, my colleague and I located numerous articles on a new phenomenon taking the nation by storm that many are calling a scam. After completing a real estate transaction, which typically involves a transfer of title of real property from one person to another, many unsuspecting property owners are receiving a “deed processing notice” from a company advising the property owner to pay $83-$89 for a copy of the deed to the property. The notice typically advises (in very small print at the bottom) that if...
No Comments, Criminal Law, by Floyd Law Firm.
While perusing recent legal headlines my colleague and I came across a funny news story involving popular social media outlet, Facebook. A story about a "dumb criminal," if you will. This fugitive was smart enough to have a fake ID, but apparently didn't understand Facebook privacy settings.
The following article discusses how a state trooper used Facebook at a routine traffic stop to identify a fugitive, despite the fugitive presenting the trooper with false identification.
http://www.abajournal.com/news/article/traffic_cops_check_facebook_page_for_drivers_girlfriend_determine_hes_a_fug/?utm_source=maestro&utm_medium=email&utm_campaign=tech_monthly
This article should serve as a reminder that Facebook and other public social media forums are just that, public. And as...
2 Comments, Uncategorized, by Floyd Law Firm.
Negligent Entrustment is defined as "the act of leaving a dangerous article (such as a gun or car) with a person who the lender knows, or should know, is likely to use it in an unreasonably risky manner." Does knowledge of a driver's reckless history behind the wheel make you liable in the event you lend your car to that driver who then causes injury? Does knowledge of an individual's mental health issues make you liable in the event you loan that person a weapon and he/she causes injury? Check out the article below for an...
No Comments, Uncategorized, by Floyd Law Firm.
While we all know to beware of fellow golfers' bad shots and listen out for "fore!" while on the course. One of the dangers that is less commonly thought of is the danger of falling into an 18-foot sinkhole in the middle of the 14th fairway. But that's exactly what happened to an Illinois golfer while he and his buddies were playing on a familiar course.
Will a premises liability suit emerge as a result of this dangerous condition? Will the golf course or its maintenance crew be held responsible for...
No Comments, Uncategorized, by Floyd Law Firm.
As Spring approaches and temperatures warm, people will swarm to Myrtle Beach area golf courses in droves. Almost all of them will hit at least a few bad shots during each round. Lucky for them most courts have ruled that when a person does not hit the ball straight only a warning must be given. In golf this warning is commonly referred to as yelling “fore.” Potential claimants could include other golfers, property owners living adjacent to the golf course and individuals walking on or near the golf course. The...
No Comments, Estate Planning, by Floyd Law Firm.
The Tax Relief Act of 2010 expired December 31, 2012, and we are now operating under the framework of the American Taxpayer Relief Act. In this letter, since we are now in 2013, I want to outline these changes and highlight possible planning opportunities which are important for you to consider this year.
Recent History. The “Bush era tax cuts” phased in a decade of change in the estate tax arena. Before the Bush era, we had an estate tax structure that protected $675,000 from the estate tax for each individual,...
No Comments, Uncategorized, by Floyd Law Firm.
While perusing recent legal headlines over the past few weeks, my colleague and I discovered an article about a Charleston woman who won a $1.75 million judgment after convincing a trial court that an inconsiderate phone call threatening eviction killed her mother. A judge ordered the property management company who made the phone call to pay the judgment.
The Plaintiff says her 62 year old mother had a heart attack and died after receiving the phone call. At the time the Plaintiff was in fact behind on rent payments, but had...
No Comments, Uncategorized, by Floyd Law Firm.
While perusing recent legal headlines, my colleague and I took special notice of a case referencing the act of “making it rain.” Now, “rainmaking” is a traditional term of art that can be heard in board rooms and seen on book covers as a term referencing money making practices of successful businessmen. My colleague and I have both heard the term used in this way by professors, bosses, colleagues and other professionals. However, this case touches on the distinct differences, and similarities, between “rainmaking” and “making it rain,” as it...
No Comments, Uncategorized, by Floyd Law Firm.
While perusing recent legal headlines over the past few weeks, my colleague and I discovered an article about a Tennessee man with a knack for driving under the influence of alcohol. The most recent incident, which led to his seventh (7th) DUI conviction, involved the suspect driving a lawn mower while drunk.
The man was observed by a deputy driving a John Deere lawn mower on the shoulder of a county road outside of Oak Ridge, Tennessee. The deputy, who had knowledge that the man had a suspended license due to...
