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Posted by on in Current Events

Today is a great day to be a US Citizen and to exercise your rights!  Go vote!

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Beware that it may be a crime in your state to take a selfie while in the voting booth.  It is illegal in Florida.  Check out this article and map for your state - Selfies while voting.

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On Friday, 3/15/16, Governor Rick Scott vetoed the contentious alimony bill.  This bill was another failed attempt to overhaul how alimony is awarded and modified in the State of Florida.  Like many other bills, this bill appears to have been vetoed due to the attached provisions regarding the establishment of presumed time sharing guidelines.  His rejection of the bill is focused on the provisions that would establish a presumption of equal time sharing.  These are two very different and distinct family law issues that should be raised in separate bills.  To read the article click here: Governor Scott Vetoes Contentious Alimony Bill.

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Click here for the Wall Street Journal article regarding 50 Cent filing for bankruptcy protection.

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I guess we all need one day right?  National Be Kind to Lawyers Day!

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      Anyone that earned $60,000 or less can e-file their tax return for free using brand name tax software.  To find out more and file your income tax return for free click here FREE FILE.

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    Gay couples start getting married in Florida on January 5, 2014.  Same sex marriages are now legal in 36 states and the District of Columbia.  Same sex couples now have the same rights as heterosexual couples.  They may cover each other on health insurnace, file married filing joint income tax returns, enter into Prenuptial Agreements, Marital Agreements and have access to the courts in the event they wish to pursue a divorce.  Now to see what the U.S. Supreme Court will do.  Click here to read The Washington Post article gay marriages begin in Florida.

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Posted by on in Current Events

The Law Office of Daniel M. Genet wishes everyone a safe and happy holiday season!!

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Posted by on in Current Events

Thank you for your service!

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       All parents, whether married, divorced, single or widowed struggle with the cost of sending their kids to college.  Germany just announced that all of their universities now offer free tuition.  The free tuition policy is being offered to German residents and foreigners.  Do your kids speak German?  Do you have a plan on how to help your kids with their tuition?  Were you able to negotiate college tuition fees as part of your divorce or parenting plan?  To read an article about free tuition in Germany click here: Free College Tuition.

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Posted by on in Current Events

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Posted by on in Family Law

Are you filing a case concerning your child(ren) and concerned the other parent may flee the country with the child(ren)? If so, then you want to act fast to make sure you get a court order detailing the custody and parenting time rights of each parent. In the meantime, watch for any sudden changes in the other parent’s life including, but not limited to, selling real estate, liquidating other assets, closing financial accounts, requesting the child(ren)’s medical and school records or quitting their job.

Posted by on in Current Events

Have a happy and safe 4th of July weekend with your family and friends!

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Posted by on in Business Law

            Being a landlord is near and dear to my heart as I have been a landlord for over 18 years in different states including Colorado, Florida, Maryland, New York and Tennessee. Some will say being a landlord is the worst thing in the world while others will say it is the best thing. If you protect yourself and follow some basic rules it can be very rewarding.

The US Supreme Court ruled today that cellphones and smartphones generally cannot be searched by police without a warrant during arrests.  They may, however, inspect the phone to make sure that it cannot be used as a weapon.  To read the USA Today article click US Supreme Court Cell Phone Decision.

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Although very limited, the Compassionate Medical Cannibis Act of 2014 also known as the Charlotte's Web Bill was signed by Florida's Governor Rick Scott on June 16, 2014.  The act will allow use by people suffering from epilepsy, cancer, Parkinson's disease, muliple sclerosis, or amyotrophic lateral sclerosis (ALS) also known as Lou Gehrig's disease.  The act further limits use of the drug to a strain known as "Charlotte's Web."  As with other states, this will certainly expand over time.  To learn more click here Florida Legalizes Medical Marijuana.

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      In Florida as in many other states, a male may file a Claim of Paternity with the Putative Father Registry.  Why would someone want to do this?  By filing a Claim of Paternity with the Putative Father Registry, you preserve your rights to notice and consent in the event of an adoption of the child.  That means that you would have to be notified giving you an opportunity to object to a proposed adoption of your child.  You may file a Claim of Paternity at any time prior to birth but cannot file a Claim of Paternity after a Petition for Termination of Parental Rights has been filed. 

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    Probate is the court-supervised process used to administer a deceased person’s estate. This is true if the person died with (testate) or without a will (intestate). The probate process is used to identify and gather the assets of the decedent and to identify the creditors and pay creditors with valid claims and finally, to distribute assets to the beneficiaries. Probate is necessary to transfer the ownership of the probate assets to the beneficiaries. There are essentially three ways to process an estate in Florida.

Posted by on in Estate Planning and Probate

           A will is a legal document that an individual prepares to distribute his or her assets upon their death. In order for a will to be valid it must meet the requirements of the state where it was made. In Florida, any person who is of sound mind that is 18 or an emancipated minor can make a will. The will must be in writing and signed by the person making the will. The person making the will is called the testator. The testator must sign at the end of the will in the presence of two witnesses. The two witnesses must sign in the testator’s presence and in the presence of each other. It is a good idea for the will to be a self-proved will which is when the will is acknowledged by the testator with affidavits of the witnesses under oath before a notary public. The witnesses attest to the formalities of the signing of the will. This can save a lot of time and headache in the future.

Posted by on in Family Law

    Tampa Judge Laurel Lee released her opinion on Firday denying two Tampa women a divorce.  She stated that she does not have jurisdiction to grant a divorce.  Based upon current Florida law I believe she is correct and she is mandated to follow the law as a trial judge.  Florida prohibits any marriage other than one between a man and a woman.  Florida also does not recognize any gay marriage validly entered into in another state.  Since Florida does not recognize any gay marriage, Tampa Judge Lee was without any authority to grant a divorce.  Many states have made gay marriage legal and many others at least recognize a gay marriage validly entered into in another state.  I believe the law in Florida will be changing to recognize gay marriages but until that time, Florida courts will continue to deny any requests for divorce.  As an alternative, unmarried and gay couples may be wise to consider the use of a cohabitation agreement in Florida.  To read the full article click here: Tampa Judge Denies Gay Divorce.

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Daniel M. Genet, P.A., 3621 W. Kennedy Blvd., Tampa, FL 33609
Ph: (813) 872-8787 | Fax: (813) 944-5205