Author: CSG Firm

Doing A Will During The Pandemic

The unexpected onset of the COVID-19 pandemic has spurred many people to prepare advance health care directives, wills, and powers of attorney. Like many other aspects of life, estate planning has adapted to accommodate the “new normal” arising from social distancing, lockdowns, and quarantine. 

 

Although many circumstances remain uncontrollable because of the pandemic, your estate plan does not need to be one of them.

 

The easiest way to get the process rolling is by contacting an attorney who can conduct an intake interview over the phone or email you a questionnaire to assess your estate planning needs. You can complete the intake form digitally or print out the form and complete it by hand. Once you’ve returned the form, your attorney will prepare drafts of your requested documents and email the documents to you for review and comment.

 

Once you have approved the document, you can print it out and execute it on your own with two witnesses and a notary (social distancing with masks, of course). Alternatively, you can make an appointment at the law office, and such document can be executed in a responsible, sanitary, and socially distanced environment with masks, where two witnesses and a notary can be provided for the document execution.

 

An example of a COVID-safe Will execution occurred when an elderly woman who was confined to her home executed her Last Will and Testament while sitting inside her home in front of a window. Meanwhile, two witnesses and a notary sat on her porch, each six-feet apart, to view the document signing. After the woman signed her Will, the witnesses each signed the document on a porch table, and the notary did his or her part. Once completed, the woman digitally scanned and sent a copy of the executed Will to her attorney.

 

E-estate planning is another COVID-safe option. Depending on the jurisdiction, certain documents may be executed online through video-calling platforms. Remote document execution would likely require a signer to undergo questioning from a notary to ensure the execution is valid and proper.

 

E-estate planning and remote document execution offer flexibility during the pandemic and may be a worthwhile option for many clients. However, signing documents in person is still strongly recommended whenever possible, especially if a party may be vulnerable or have diminished capacity. Regardless of whether you opt for socially distant document execution or E-estate planning, you have options to ensure your estate plan is under your control. 

Florida‌ ‌Real‌ ‌Estate‌ ‌Market‌ ‌During‌ ‌Covid-19‌ ‌

 

Back in March when the Coronavirus first hit, several regional real estate markets in the U.S. witnessed an increase in the number of homebuyers. As the pandemic started affecting major cities, families realized the challenges of working—and schooling their children—from home. This led people to look for bigger houses with more yard space in suburban and rural areas. The record-low mortgage rates further fueled the home buying spree. 

Florida’s housing market continued to be a bright spot for the state’s economy in October, even as the coronavirus pandemic showed no signs of easing. More closed sales, more new pending sales, higher median prices, and more new listings were recorded statewide last month compared to October 2019, according to Florida Realtors’ latest housing data. Single-family existing-home sales rose 26.9 percent compared to a year ago.

We estimate that both the luxury market and homes priced below $500,000 will see higher demand, but condominium units won’t be as strong. Residents working from home increasingly are opting for more space in a single-family house with a yard and would rather avoid densely populated condo high-rises.

Overall, there is no doubt about it: The Coronavirus has changed the way many people view the real estate market. That said, change isn’t necessarily bad. Many of today’s successful investors are the direct result of drastic fluctuations in the marketplace. Disruptions in the housing sector offer great opportunities for savvy entrepreneurs. However, that change will only work in favor of those who are willing to adapt to the shifting landscape.

Investors may turn to several Coronavirus real estate strategies to not only survive in the new environment but also thrive. To do so, the following exit strategies should be considered:  Buy-And-Hold Real Estate, Commercial Investing, Real Estate Investment Trusts (REITs), Tax Lien Investing. 

Despite the uncertainty that the coronavirus pandemic has brought to the country, there are many positive trends such as low-interest rates that have continued to support the real estate market and the overall economy.  With news that a COVID-19 vaccine will soon be available, and with mortgage rates projected to hover around 3% in 2021, we speculate the market’s growth to continue into 2021.

Miami immigration court to reopen its doors Monday

The Miami immigration courthouse will reopen Monday more than six months after shutting its doors and as COVID cases continue to rise in the state.

In an announcement Thursday, the Executive Office for Immigration Review, a sub-agency of the United States Department of Justice whose chief function is to conduct deportation proceedings in immigration courts, said the government will resume in-person hearings. Face masks will be required in all waiting rooms, corridors and courtrooms, the statement said. Children under 2 and people with certain medical conditions that prevent them from wearing a mask are exempt.

The sudden reopening of the Miami immigration courthouse — located at 333 S. Miami Ave. — comes as COVID-19 cases rose to the most Florida has tallied in a single day since Sept. 19, according to the Florida Department of Health. The single-day case count on Thursday — 3,356— is the most Florida has reported since mid-September, bringing the state’s known case total to 744,988 and resident death toll to 15,736.

Announcements of court closings were made via midnight tweets without any explanation — even to court staff — on how the government was selecting which courts to keep open. The court was ultimately partially closed; it remained open for administrative filings and very limited hearings for people held in Immigration and Customs Enforcement detention centers.

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Immigration Court Case Completions by Month, January – July 2020. TRAC 2020 / SYRACUSE UNIVERSITY

The partial shutdown of the national immigration court system in the wake of COVID-19 has impacted hundreds of thousands of immigrants awaiting their day in court. As the country’s case backlog surpassed 1.2 million due to canceled or postponed hearings, immigrants will face delays of months or years, according to federal data released in late August.

Monthly case completions before the March shutdown in January and February 2020 were running at roughly 40,000. However, during the period from April 2020 to July 2020 they fell precipitously to less than 6,000 a month — a historic low, according to researchers who analyze immigration data at Syracuse University. In July 2020, only 5,960 cases were completed, federal data shows.

Despite the backlogs and closures, Miami led the list with 216 case completions in July 2020. Only one other court location — Baltimore, Maryland, completed at least 200 cases.

While the shutdown nationwide caused immigration judges’ productivity to plummet, data shows that as of May, ICE filed more than 100,000 new immigration cases nationwide during just the first two and a half months of the shutdown, contributing heavily to the backlog.

Florida Amended Lease Requirements – Bill Signed into Law!

At the beginning of the year, the Florida legislature passed a bill amending Florida Statutes § 689.01 which eliminated the requirement of having two witnesses for the execution of a lease on real property.

On June 27, 2020, Florida Governor Ron DeSantis signed House Bill 469 into effect, and it became law on July 1, 2020. The Bill amends Florida Statute §689.01 by removing the requirement that two witnesses must be present for a commercial or residential property lease to be valid. Prior to the amendment of the Statute, each of the parties were required to have two witnesses present when signing a lease for a term of more than one year. The House Bill provides that subscribing witnesses are no longer required to validate instruments conveying or pertaining to a lease of real property.

Under the new amended law, which is now in effect, no subscribing witnesses will be required for leases of real property in Florida.

While this change in the law is small, it is widely welcomed. The removal of the witness requirement improves the speed and efficiency of transactions by making electronic lease signatures much more easily obtainable. This not only has the potential to save time in the execution of leases by allowing a lease to be signed by just the two parties, it also removes one potential pitfall to invalidating a lease.

Caserta & Spiriti Law Firm Fall/Winter Internship 2020 Now Open for Applications!

The Caserta & Spiriti Law Firm welcomes dedicated, passionate, and hardworking undergraduate and graduate students to apply for the Caserta & Spiriti Law Firm Fall/Winter 2020 Internship Program. During this twelve week Fall/Winter semester program, students will gain experience in the workforce and valuable hands-on training in a diverse area of fields and skill sets. The Caserta & Spiriti program focuses on providing students with exceptional analytical skills, depth of knowledge, real world experience, and innovative thinking through its three internship programs:

  • Business/Legal Internship: Interns are provided the opportunity to sharpen communication, analytical, business skills, and gain ESSENTIAL WORK ENVIRONMENT EXPERIENCE, while working as part of a team committed to developing executable strategy and implementing meaningful solutions for clients.
  • Accounting Internship: Interns learn and perform monthly bookkeeping and bank reconciliations, expense management, maintenance of department records and files, accounts payable duties that will enable them to cross the platform from class theory to real world practical application.
  • Social Media Internship: Interns learn how to implement Social Media, Digital Marketing, and Website design as it relates to the firm’s use and its clients.

For information about the application process, we invite you to visit https://csgfirm.com/programs/internship-program/ and to contact our Human Resources/Internship Coordinator, Ms. Ebby Olea at eolea@csgfirm.com.

Attorney Joseph Spiriti, who is one of the main directors of the program says, “The internship program is something I am very proud of. The interns are a legacy of skill, knowledge, and experience that gets past down from intern to intern.” Spiriti believes in the importance of gaining real world experience and embraces the overachieving culture that has developed in his interns.

Alongside Spiriti, attorney David Caserta also encourages building an early foundation in the work field through experiential learning. Caserta says, “For 20 years, through my Young Professional Career Network, I have had the opportunity to share with college students across the country the value of acquiring as many virtues of great character, as a foundation for a successful life both personal and in a career of choice.” The team decided to create the internship program that would cater to students from respected colleges and universities across South Florida.

(Left to Right) Interns Yunyun Tan & Ruby Pendas Working On Their Daily Tasks

Every year, the internship program focuses on a group of distinguished students with different educational backgrounds who all share an interest in the field of law. This year, our Summer 2020 Interns came from schools and Universities across South Florida.

Ruby Pendas is a junior at the Nova Southeastern University majoring in Paralegal Studies minoring in Writing. Pendas has learned how to work with a diverse group of clients in various legal fields. She believes that this internship will put her a step ahead when looking for a job after law school.

Ashley Marrero is a rising junior high school student, who attends the Hialeah Gardens High School. Some of the tasks she does on a daily basis include clerical work, such as filing, and reaching out to clients. Marrero says that one of her favorite things about the program is that the hands-on activities she does now, will help later in the real world. She aspires to become a criminal defense lawyer once she graduates from college.

Yunyun Tang is a student obtaining her masters degree in Finance at the University of Miami. She decided to participate in the Internship Program to gain exposure in the field of Accounting. As an Accounting Intern, the main tasks she focuses on are processing payments, collecting payments-account receivable, account payable, and reconciliation.

Claudia Baez-Sola is a rising senior at the University of Miami majoring in Public Relations and Media Management. As a Social Media Intern, she works on ensuring reliability of published data on companies, communicates with firm associates about marketing goals, and maintaining the firm’s social media presence. Baez-Sola decided to participate in the Internship Program because it aligns perfectly with both of her passions for the field of communications and law.

The Caserta & Spiriti Law Firm Internship Program is looking forward to continuing working with new students who are interested in gaining real world experience. We welcome you to apply to our Internship program and become part of the Caserta & Spiriti Family!

Caserta & Spiriti Law Firm Summer Internship 2020

Caserta & Spiriti Law Firm Summer Internship 2020

The Caserta & Spiriti Summer Internship program welcomed its new interns for the Summer term of 2020. It is a 12-week program that allows students to earn experience in the workforce, as well as valuable training. The program focuses internships in business/legal, accounting, and social media. Attorney Joseph Spiriti, who is one of the main directors of the program says, “The internship program is something I am very proud of. The interns are a legacy of skill, knowledge, and experience, that gets past down from intern to intern.” Spiriti believes in the importance of gaining real world experience and how the overachieving culture that has developed between the interns has thus far been amazing.

Alongside Spiriti, attorney David Caserta also encourages gaining experience in the work field. Caserta says, “For 20 years, through my Young Professional Career Network, I have had the opportunity to share with college students across the Country the value of acquiring as many virtues of great character, as a foundation for a successful life both personal and in a career of choice.”  The team decided to create the internship program that would cater to students from respected colleges and universities across South Florida.

(Left to Right) Yunyun Tan & Ruby Pendas Working On Their Daily Tasks

This year the internship program focuses on a group of distinguished students with different educational backgrounds who all share an interest for the field of law.

Ruby Pendas is a junior at the Nova Southeastern University majoring in Paralegal Studies minoring in Writing. Pendas has learned how to deal with clients and how to understand the steps taken regarding potential clients. She believes that this internship will put her a step ahead when looking for a job after law school.

Ashley Marrero is a rising junior high school student, who attends the Hialeah Gardens High School. Some of the tasks she does on a daily basis include clerical work, as well as filing, and reaching out to clients. Marrero says that one of her favorite things about the program is that the hands-on activities she does now, will help later in the real world. She aspires to become a criminal defense lawyer once she graduates from college.

Yunyun Tang is a student obtaining her masters degree in Finance, at the University of Miami. She decided to participate in the Internship Program in order to get some exposure in the field of Accounting. As an Accounting Interns some of the tasks she focuses on are processing payments, collecting payments-account receivable, account payable, and reconciliation.

Claudia Baez-Sola is a rising senior at the University of Miami majoring in Public Relations and Media Management. As a Social Media Intern, she works on ensuring reliability of published data on companies, communicates with firm associates about marketing goals, and maintaining the firm’s social media presence. Baez-Sola decided to participate in the Internship Program because it aligns perfectly with both of her passions for the field of communications and law.

The Caserta & Spiriti Law Firm Internship Program is looking forward to continuing working with new students who are interested in gaining real world experience. For information about the application processes we invite you to visit our website for additional details.

Litigation Law Services Provider | Litigators in Florida

The Law Firm Caserta and Spiriti Welcomes Our Newest of Counsel, Renier Diaz de la Portilla, to Our South Florida Team

Renier Diaz de la Portilla is a former Florida lawmaker. Fully bilingual and bi-literate in English and Spanish, Renier brings a client-centered approach to the practice of law based on a lifetime of community involvement. Renier has handled hundreds of criminal-defense matters and trials to verdict in his 13 years of practicing law. He has represented clients at almost every level of Florida’s Criminal Courts, in post-conviction hearings, and in U.S. Federal Court. He is also an accomplished civil arbitrator and mediator with hundreds of cases under his belt. His hard work has earned him an “AV Preeminent Rating” in Martindale-Hubbell peer reviews for the legal profession—the highest distinction for professionalism and ethics in the practice of law.

 

 

 

Welfare of Parents and Senior Citizens | Legal Elder Services

Elder Law: Plan for your future today!

Caserta and Spiriti helps its clients obtain a working understanding of the many ways for elderly people in Florida to pay for long-term medical care . The area that most involves a high level of legal involvement for Floridians is Florida Medicaid planning because it is “need based” and has “spend down requirements”.   Currently, we apply basic strategies in order to preserve as much of your estate as possible while finding a way to get the long-term medical costs covered.

Using an annuity to fund a personal service contract, which is a common strategy in Florida,  may allow you to avoid giving a lump sum of cash assets to their caregiver, which would otherwise cause excessive income taxes as well as loss of control over the funds.  With an annuity, the caregiver receives a steady stream of income over the course of the contract.

Ask our attorneys about how to be smart and prepare for your family’s future.

For more information:

 Irech Colon

305-463-8808

info@csgfirm.com

Caserta & Spiriti relocate to THE WHITE HOUSE!

Caserta & Spiriti  has started 2018 by relocating its office to The White House Office Building in Miami Lakes, FL.  The White House Office Building is a Prestigous Office Building built in 1997 to resemble the Real White House in Washington, DC.

Decorated with spectacular art work of historical U.S. Presidents adorning the lobby entrance, the office of Caserta & Spiriti is ready more than ever to serve its clients from its new location near Don Shula’s Golf Course,  just off Miami Lakes Dr. (NW 154 St) Exit on Palmetto Expressway.

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