Thursday, April 20, 2017

Be Careful What You Sign: Protecting Yourself and Your Assets

Sometimes people just sign documents without even reading them.  This practice is a dangerous one, especially when it comes to a power of attorney.

Be wary of general power of attorney documents that give broad power and have no expiration date.  I have seen two situations with horrific outcomes: 1), where a person did not even realize he or she was signing a power of attorney document, as it was done by trickery, and 2), where a person just did not thoughtfully choose the proper person to which to give the power of attorney.  In both situations, the people were stripped of their assets by others they thought they could trust. Both situations could have been prevented.

First and foremost, read everything you sign.  Do not trust anyone, even loved ones and family members when they put something in front of you and tell you they just need your signature. When money is involved, unfortunately people can become selfish.  People can become quite nasty and unrecognizable when it comes to something they think they are owed.

Second, when you need to assign a power of attorney for a specific purpose, limit the document both in scope and time. Some examples may include for the purpose of taking care of certain finances while away on an extended trip or to make health care decisions during a hospital stay.  Consult an experienced attorney to draft this power of attorney document for you and your best interests.  It is ill advised to have the person in which you are giving the power of attorney draft the document.  Finally, sign the document in the presence of witnesses and have it notarized.

If you are in need of a power of attorney, contact us online or call Heather Bryan Law at 863-825-5309 for your consultation.

Thursday, April 6, 2017

Premarital Agreements

I have recently been asked a lot about premarital agreements.  I personally have mixed feelings about them.  My optimistic side, that wants to believe in the happy ending, sees them as setting your marriage up for failure.  But then my lawyer side kicks that version of myself right back to reality.

Depending on how you look at the statistics, approximately half of all marriages will end in divorce.  No matter what your hopes and dreams are, you cannot control the marriage or your partner.  It is important to protect yourself and your rights.  I can't help but think of the song by Kanye West, "Gold Digger" as I type.  The lyrics say, "If you ain't no punk holla we want prenup, we want prenup!"  This song happens to be about women, but it is equally applicable to men as well.

As a general rule, premarital agreements are enforceable in Florida.  A well drafted agreement can protect your assets, reduce the potential for litigation, and clearly define your obligations.

Unfortunately, some people find themselves in a situation where they have signed an extremely unconscionable premarital agreement based on the empty promise of forever.  In addition, the spouse did not provide full disclosure of their finances prior to signing the agreement, and the premarital agreement left the other spouse with nothing.  This situation is one where the premarital agreement can be challenged.

If you have questions about premarital agreements, would like to draft a premarital agreement, or need to challenge an unfair premarital agreement, contact Heather Bryan Law online or call us at 863-825-5309 for a consultation.