Florida’s humid climate and swampy terrain as well as the state teeming with underground caves, porous rock layers and large bodies of water are but some of the elements responsible for sinkholes. These circumstances should be a critical concern to homeowners in this state. Therefore, every homeowner in Florida should understand exactly what sinkholes are, the dangers posed by them, and what to do if a sinkhole damages a home or property.

Sinkholes usually happen when water comes into contact with minerals and rock under the surface layer of the ground and causes cavities to appear in the form of a depression or hole above ground. Sinkholes most commonly appear in places where there are substantial amounts of water and therefore are much more common in this state than in many other locations in the nation.

In 2011, Florida legislators believed that too many sinkhole damage claims were being made over minor issues. In response, a law was passed that restricted the ability of homeowners to recover compensation for minor to moderate sinkhole damage. Under the 2011 law, property owners could only recover for sinkhole damage in cases where the effects of the damages were catastrophic. Unfortunately, this piece of legislation proved to be far too restrictive. While homeowners could recover for major sinkhole damage, such as a house being totally destroyed, recovering for a cracked floor or wall became extremely difficult. Many homeowners were being denied the ability to recover for moderate foundation damage. Subsequent legislation in 2016 sought to remedy the problems created by the 2011 sinkhole insurance reforms.

The risk posed by sinkhole conditions had prompted the Florida Legislature to enact legislation making sinkhole coverage mandatory (i.e., Florida Statute 627.706). Under Florida law, any property insurance provider operating in Florida must provide the option of catastrophic ground cover collapse coverage. Catastrophic ground cover collapse is defined in the statute as geological activity that causes a sudden collapse of the ground, an obvious depression, some kind of structural damage to a covered building and a government agency condemning the insured damaged home accordingly.

Florida Statutes require authorized insurers to cover catastrophic ground cover collapse, but damage, outside a catastrophic ground cover collapse, caused by a sinkhole may not be covered by the policy if it does not specifically include sinkhole coverage.

Although Florida insurers are required to provide homeowners insurance policies that provide protection from “catastrophic ground cover collapse”, that doesn’t mean the standard homeowners insurance policy will cover any instance of sinkholes.

Florida provides policy add-ons which can protect property from sinkhole damage.

Adding to or ensuring sinkhole insurance coverage is in their homeowners policy can aid a Floridian protect their personal belongings and financial future. Sinkhole insurance provides coverage for the structure of one’s home and any personal belongings damaged by a sinkhole.

While phrased slightly different, there is no geological difference between catastrophic ground cover collapse and a sinkhole. However, many insurance claims that are filed for coverage of sinkholes are denied due largely in part to the wording of this specific statute. This is one of the reasons why claimants or injured parties should obtain experienced legal assistance as soon as possible after the subject incident (i.e., a sinkhole on their property).

A sinkhole can unexpectedly lead to the loss of property including a person’s possessions and the house or building or structure itself. This situation can be an incredibly stressful and overwhelming ordeal, and it is understandable if the first thought is to attempt to make the situation conclude rapidly by proceeding on their own. However, if a Florida resident or property owner is the victim of sinkhole damage, it is imperative that they not attempt to file an insurance claim without competent legal counsel. The denial of their claim would only cause an additional headache, and it is recommended to initiate the claim with the best potential of obtaining fair compensation. Consequently, for many Florida residents and property owners that includes hiring an experienced attorney. 

The foregoing is merely a general and brief overview of sinkholes and insurance in Florida.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Even if it is minor, an auto accident can be a sudden and unsettling experience. A Florida resident may not know what to do in the immediate aftermath. In addition to seeking medical attention, there are certain steps that one should take or consider taking after a motor vehicle accident. Acting promptly and decisively can be critical in receiving the assistance that one needs to address their injuries and property damage. This article is a basic overview of some key issues to keep in mind.

No matter who was at fault, a victim of an accident will need to report the accident to their insurer. Failing to timely report the accident may jeopardize their ability to later bring a claim. One may need to report the accident to law enforcement, depending on whether it caused injuries or a certain amount of property damage. Even if one does not need to report the accident to law enforcement, it may be helpful to call the police to the scene. Their investigation can produce evidence that may bolster a claim.

A party of an accident should gather evidence, such as take pictures, speak with witnesses, and obtain official reports.

If a person is physically able, they should take photos and possibly videos of the accident scene to use as evidence in their later claim. One can capture the position of the vehicles after the crash, any damage to the vehicles, any debris in the road, document initial injuries, as well as the scene surrounding the accident. For example, if there was a traffic light or stop sign, a party to the incident may want to take a photo that shows the position of the vehicles relative to the light or sign. One should also get the contact information of any eyewitnesses to the accident, such as pedestrians or people in other cars. These individuals can corroborate the accurate account of the events leading up to the accident. If the police come to the scene, they will generate a report. A party to the subject accident get a copy of a police report since this can be an important document for an insurance company.

An injured party in an accident should seek prompt medical treatment to ensure a better medical recovery and to properly document the resulting injuries and in Florida to preserve a claim for PIP (Persona Injury protection) benefits to cover medical treatment and bills. In Florida, one must go to the hospital or an accident clinic and have a medical professional diagnose them with an “emergency medical condition” within 14 days to receive Personal Injury Protection insurance benefits. Otherwise, the said party will not be eligible for PIP coverage, and they will not be able to use their PIP policy to file a PIP claim. All car insurance companies in Florida offer this injury care as part of their insurance coverage. Consequently, if a person received treatment within 14 days from a car collision in Florida and suffered only non-emergency injuries (non-emergency medical condition), they can only receive $2,500 in benefits. However, if they suffered an “emergency medical condition,” they can receive the maximum payout available from their PIP coverage as long as they sought medical attention within the previously mentioned 14 days.

A person can potentially sue many different parties after a car accident, and one should not just assume that the fault lies only with one or more drivers. By bringing all the responsible parties into the claim or lawsuit, one may increase the chances of securing all the compensation that is due. In addition to drivers, defendants or responsible parties may include the employer of an at-fault driver if they were on the job at the time of the subject accident, as well as a manufacturer or distributor of a vehicle or auto part that was defective. In some complex situations, the entity responsible for designing or maintaining the road or its surroundings could be liable as well.

Hiring a lawyer is recommended. A lawyer may be helpful when serious injuries are involved or when fault is disputed.

If the accident was relatively minor and involved only property damage, a party to an accident may not need to go to the trouble and expense of hiring a lawyer. However, if a person was seriously injured, or if their claim seems likely to be contested for any reason, they should get an attorney on their side. Auto accident or Personal Injury lawyers usually work on a contingency fee basis, which means that they get paid only when and if the client/victim gets paid from a recovery again the negligent or responsible party or parties. One should make sure to choose an attorney who relates well to them personally, as well as someone who is experienced and competent in handling similar cases.

In some cases, fault is straightforward, liability is promptly conceded, and any dispute concerns the extent of the victim’s damages. Often, though, a defendant/responsible party or their insurance carrier will defend a claim vigorously. They may argue that the victim failed to comply with a procedural rule, such as the statute of limitations (state deadline for filing a claim in court and/or a Notice requirement), or they may raise an argument of comparative or contributory negligence. These rules vary depending on the state, but the general concept is that a victim’s damages award can be reduced (or eliminated entirely in some cases) if the defendant or responsible party can show that the said victim or plaintiff was at least partly responsible for the accident. A party to an accident should not make any admission of fault to an insurance company but instead should discuss this issue with an attorney.

The foregoing is merely a general and brief overview of tips or suggestions as to what to do after an automobile accident in Florida occurs.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Transferring assets or wealth from one generation to another is a priority for most Florida families. For instance, if a person inherited assets from their parents, it may be important to them that they are able to give assets to their children and grandchildren as well. Accordingly, there are unexpected events that can upset long-term plans, and divorce may be one of them.

If one is worried about how a pending divorce will impact their assets, including shielding assets for their heirs, beneficiaries, and/or children, it is important to speak to attorneys or law firms who handle both Divorce (dissolution of marriage) as well as Estate Planning.

In certain situations, inherited assets are kept or held as separate property. Marital property refers to assets that are jointly owned, and most assets gathered during a marriage fall under this category. However, if one received an inheritance from a member of their family and it is completely in one’s name, said person may be able to retain those assets through the divorce process and then give them to their heirs, whenever they choose to do so.

However, matters can become complicated when commingling is part of the process. An example, if an individual inherited money and then deposited it into a joint account, one that they used to pay for their marital expenses such as mortgages, taxes, utilities, food, vacation, etc., it could be argued that those funds are marital property, i.e., assets open to division during a divorce.

Of course, when an inheritance is large, it could be argued that a percentage of the inheritance is marital property and a part of it is separate. While this is possible, it is important to recognize that proving assets are separate, and not subject to division, can be difficult. If a Florida resident wants to ensure their heirs will receive those funds, then one should ask about and explore the benefits of utilizing various Estate Planning tools. These tools can be used by all levels of society and not solely by the wealthy. In fact, these tools are a useful way for anyone to transfer assets to beneficiaries or heirs.

Usually in Florida, marital assets are subject to equitable distribution during a divorce. Discussing this process with one’s lawyers will assist them to fully understand the scope of their current and future financial circumstances. All assets can be analyzed, including real estate holdings, investment accounts, retirement accounts, and business interests, among others.

Once all the marital assets and debts have been reviewed, Divorce and Estate Planning lawyers can jointly walk them through what a Florida court may view as a fair division of assets. Thereafter, the subject individual can determine what their post-divorce goals may be, including establishing assets for their children, and can be the basis for the negotiation process in the subject Florida divorce.

In this regard, one must define their future financial goals in their divorce and look past the emotional daily issues and consider their important long-range plans and share them with their attorneys experienced in both the dissolution of marriage process as well as estate planning.

The foregoing is a very brief and general overview of the benefits of consulting with both a Divorce lawyer as well as an Estate Planning attorney prior to and during the divorce process in Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Florida statutes define non-marital or separate assets as the property received by either spouse separately by bequest, descent, non-interspousal gift, or devise. Therefore, an inheritance is considered a non-marital asset. A spouse should not be entitled to any part of another spouse’s inheritance.

Regarding an Estate Plan created during one’s marriage, per Florida Statute Section 732.507, a finalized divorce decree or final judgement of dissolution of marriage will remove a former spouse from receiving property, being assigned power of attorney at the other ex-spouse’s death or being named personal representative or executor of their estate.

After divorce, as the policy or account owner, one may designate their former spouse as beneficiary. To do that, a person should sign a governing instrument providing the benefit will be payable to their ex-spouse.

Under Florida law, when a bank account is titled in joint names and one of the persons dies, the account becomes the property of the surviving person on the account.

If a legal absolute divorce occurred before their spouse died, then that person is not entitled to inherit assets through their ex-spouse’s Last Will & Testament. However, one may inherit if their ex-spouse specifically named them in the Last Will after the divorce proceedings.

Any inheritance is a non-marital asset and therefore will not be divided in a Florida divorce. What is more, if a person sells that inherited asset and buys something new with the proceeds from said sale, the new purchase will remain a non-marital asset. However, the person is going to have to prove that the asset was inherited.

A proper estate plan can be used to address the protection and division of assets among the rest of family members, and even organizations or non-profits that one supports or is a member. A Pre-Nup (i.e., a Prenuptial Agreement or Marital Agreement) defines certain property rights while an estate plan is used to exercise those rights upon one’s death.

Marriage does not cancel a Last Will in Florida, but a spouse acquired after the execution of a Last Will may receive the same portion of the deceased spouse’s estate that he or she would have received had said deceased spouse died without a Last Will.

Simply put, an estate plan is a broader plan of action for one’s assets which may apply during one’s life as well as after their death. A Last Will, on the other hand, dictates where one’s assets will go after their death, who will be the guardian of their children and so on.

Under Florida law, death benefits payable under a life insurance policy are not subject to probate, if there is a beneficiary other than the deceased person and their estate. One must note that the amount paid out on a life insurance policy upon someone’s death is not technically owned by the policy holder.

Under Florida law, when a person adds the words “right of survivorship” to a joint tenancy, which means full title to the real estate goes to the owner that survives the death of the other(s). The “survivor” of the joint owners automatically owns 100% of the asset when the other joint owner (or owners) passes away.

A Personal Representative or executor cannot change beneficiaries’ inheritances or withhold their inheritances unless the Last Will has expressly granted them the authority to do so. The Personal Representative also cannot stray from the terms of the subject Last will or their fiduciary duty.

As for accounts or Life insurance with designated beneficiaries, one should change those beneficiaries while divorcing or after the said divorce or deal with them within the parameters of the subject divorce.

If both parties agree, it may be worth preparing a Pre-Nup or Post-Nup Agreement. Said agreements are legal documents that confirm the agreement that the couple comes to concerning their finances and protecting or dividing assets like pensions, property, savings, and investments as well as waiver of rights, etc. during a divorce or at the death of one of the parties. It is worthwhile considering such agreements.

Even if you receive an inheritance during your marriage, inheritances are considered separate property. Therefore, if you maintain the separate property status throughout the marriage, inheritances should not be subject to property division laws.

A nonmarital asset is an asset that one spouse has brought into the marriage, i.e., that was purchased prior to the marriage by one spouse. An example of nonmarital asset is real property, if one spouse owned a home that was purchased prior to the marriage, it is a nonmarital asset.

In Florida, a short marriage is one that lasts less than seven (7) years. If one spouse wants to pursue alimony, they should have been married for at least seven (7) years. The longer a couple is married, the more alimony someone can usually receive and the longer they can receive it.

In Florida, a spouse cannot be disinherited by a Last Will, and if there is no will, a spouse is entitled to a substantial part of the estate. The only exception to the above would be if a surviving spouse waived their rights through a Marital Agreement.

A Last Will provides clear instructions on the distribution of one’s assets after their death. A Pre-Nup is not enforceable for child custody and support issues. A Last Will can name a Guardian to protect any minor children and their inherited assets as well as a Declaration Naming Preneed Guardian for Minors.

When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities pursuant to Florida divorce law 61.075, among others. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.

In Florida, marital property is divided between couples during divorce, while separate property is not. If it is determined that a bank account is separate property, the other spouse will not have any right to the money.

Social Security is a federal benefit. Federal law preempts or trumps state dissolution of marriage (divorce) law, and federal law specifically provides that Social Security Retirement Benefits are not divisible in a divorce case per § 404.331(e), Code of Federal Regulations, etc.

If a person is going through a divorce and has children, they are still going to be a family. Divorce is not the end of the family. It is simply a restructuring of a family. As life changes over the years, one’s estate plan can change, modify, or evolve accordingly.

The foregoing is a very brief and general overview of the benefits of having a properly prepared estate plan, especially after a divorce in Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.