5 Important Things to Do After Writing a Will

So you’ve decided to think ahead and plan for the future by writing your will. Congratulations, you’re much more prepared than most people who postpone writing a will until the last minute or forgo one altogether. But is simply writing a will enough? It might not be if you want your loved ones to be fully prepared and informed of your wishes. Here are some things to consider creating once you’ve completed the writing of your will:

  • A List of Accounts


Generally, a will can tell you how an individual’s assets and property are to be distributed once they die. However, a will can leave out a lot of information such as how to access the assets. Consider leaving a list of accounts that your loved ones will be able to access. Include things such as bank accounts, credit cards, mortgages, and personal loans.

  • A Password List


Few things will be as frustrating as realizing you’ve inherited an important financial asset but have no means of accessing it online.  Login names, pin numbers, e-mails, and passwords are all important parts of an online account’s security. Keeping a list of passwords and other sensitive information pertaining to your will is a smart move and your relatives will thank you for it.

  • Note of Investments


Like a list of accounts, the inheritors of your assets will want to be informed of whatever investments you have in your name. These can include stocks, bonds, annuities, life insurance policies, retirement assets, and other investments. If you have a broker or agency that helps manage your assets, be sure to include their contact information.

  • Funeral Plans


If you’re facing an illness, or simply want to have all the details of your funeral taken care of ahead of time, you can have specific instructions left to your loved ones for your funeral arrangements. You can even plan your burial, funeral, or cremation in advance. If you want to lift the burden off your loved ones, you can also set aside funds to cover your funeral costs.

  • Instructions For Your Will


Last but not least, it’s good to discuss everything with your family ahead of time and let them know you’re planning to have your will, investments, and other financial accounts prepared for when you pass on.  Give them instructions on where to find your will, your list of passwords and accounts, your funeral plans, and other important details. Explain to them what your wishes are and how you would like to have the assets of your will distributed once you pass on.  Being proactive in your will can help save your loved ones much stress and concern, and provide peace of mind to you that your desires are carried out in the end.

The Boutty Law Firm assists individuals in Central Florida prepare for their future with wills, probate, and estate administration services. Contact us for more information.  

11 Unlicensed “Contractors” Arrested in Sting

An undercover sting operation targeting unlicensed contractors and contractors without workers’ compensation insurance in Manatee County recently resulted in 11 arrests.

The three-day operation was a multi-agency effort that included the Florida Division of Insurance Fraud, the Department of Business & Professional Regulation, the Manatee County Sheriff’s Office, Holmes Police Department and Manatee County Code Enforcement.

The 11 men were each charged with working as an unlicensed contractor and working without workers’ compensation. All 11 were also fined by code enforcement and issued a cease-and-desist order.

Investigators set up the operation at an uninhabited home in Manatee County and contractors were called to perform jobs at the home.

If convicted, the defendants all face up to five years prison for each workers’ compensation charge. For the unlicensed-contractor charge, they face an additional year in prison if they are a first-time offender, or five years for repeat offenders.

Anyone with information about suspected insurance fraud should call 1-800-378-0445. Tipsters can remain anonymous and be eligible for up to a $25,000 reward through the Department of Financial Service’s Anti-Fraud Reward Program.

Professional licenses can be verified online at www.myfloridalicense.com.

Read the full story at: https://www.bradenton.com/2015/02/14/5635584/11-arrested-in-undercover-sting.html 

Unlicensed Contractors Beware!

Florida Statute 489.128 provides that “contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor.”  Furthermore, “no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto.”

The Supreme Court of Florida solidified prior case law and affirmed Florida Statute 489.128 by ruling that an unlicensed contractor cannot sue for breach of contract, even when he has been wronged and even when the party against whom he is seeking relief knew of his unlicensed status.

In Earth Trades, Inc. v. T&G Corp., the Defendant, a general contractor, subcontracted with the Plaintiff, who was unlicensed under Florida law at the time, to perform work on a parking garage. After a dispute, the Plaintiff sued the Defendant for breach of contract. The Defendant then counterclaimed for breach of contract. During litigation, the Defendant argued that because the Plaintiff was unlicensed, its breach of contract claim was barred under Fla. Stat. 489.128.

Upholding the 5th District Court of Appeal’s ruling in the case, the Florida Supreme Court stated “…the Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract. Under the amended section 489.128, the unlicensed contractor has no rights or remedies for the enforcement of the contract.” The Court went on to state that a party’s knowledge that a contractor or subcontractor does not hold the state-required license to perform the construction work of the contract is legally insufficient to establish the defense that the parties stand in pari delicto (both parties are wrongdoers).

Unlicensed contracting is a crime for which a first offense is a first-degree misdemeanor and a second is a third-degree felony. § 489.127(2)a-b, Fla. Stat. (2013). In addition, DBPR may impose a fine of $10,000 on any person found guilty of unlicensed contracting. § 489.13(3), Fla. Stat. (2013).

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