HOW IS YOUR LEGAL HEALTH?
                                                             
By Robert J. Myers, Esq.

As with your physical well-being, you can avoid major legal problems by periodically checking the
status of your legal health. Some of the areas in which you may wish to consider getting a legal
"check-up" are estate planning, wills, trusts, insurance coverage, financial investments and
retirement planning. A review of your legal affairs on an annual basis to ensure that all relevant
legal documents meet your current needs is recommended.

Many times, a yearly legal checkup will uncover legal problems that can be corrected before
they cause a major problem. For example, with a birth or death of a loved one, you may wish to
reevaluate your will, trust or estate plan. Like a physician or dentist, a lawyer is trained to diagnose
legal problems or maladies and recommend cures. During your legal checkup, a review of your
family affairs, real estate holdings, finances, investments, business interests and employment
should be accomplished. If a "fix" is required to your legal health, a lawyer should be able to
anticipate what remedial action is necessary before a minor problem becomes a costly disaster. 
In upcoming segments of this publication, we will together explore some of the common legal
problems uncovered by a legal checkup.  As with a medical problems, it is important to see
a lawyer as early as possible, that is, before a legal problem occurs, or if there is already a legal
problem, before it becomes more aggravated and costly.

                                        WILLS AND ESTATE PLANNING

An indicator of good legal health usually includes having a  valid will and some basic estate plan. 
If you don't have a will, your personal and real property may not be distributed in accordance with
your desires. In addition, unnecessary expenses and taxes may be incurred and certain family
members could possibly inherit your assets contrary to your desires.

A trust is another effective estate planning document. A trust allows you to transfer property to your
designated heirs utilizing a successor trustee to implement your specific instructions. If you create
a trust in a last will and testament, this is called a testamentary trust. Another form of trust is a living
trust which is created by written contract. Living trusts are very useful estate planning tools for
everyone--not only the very wealthy. A living trust assists in the avoidance of probate and will help
in keeping your affairs out of the public record and private.

It is critical to review your estate planning documents whenever important changes in your life
occur. If you marry, move to a new state, have a child or lose a loved one, an update of your legal
documents may be necessary. Also, it is an excellent idea to discuss with your lawyer if your estate plan is keeping pace with the value of your property and is updated to address changes in Florida
law and tax laws. Revisions may be made with the drafting of new documents or an amendment to existing documents may be necessary. It is important to never make a change in your old will or
trust by writing on or crossing out words or phrases which you want to eliminate as this may
invalidate your documents.

                                                           DIVORCE 

A lawyer should be consulted if your marriage is ending or you are contemplating ending your
marriage. Issues concerning child custody, financial support and a fair division of the marital
property will need to be addressed. If your spouse threatens to harass or harm you, hide marital
property or take your children in violation of your visitation or custody rights, a lawyer can assist
you in seeking protection against these improper acts of your spouse.

                                                     MARITAL STATUS

During your legal checkup, a review of your marital status may uncover certain aspects of the
marriage which you may wish to address. For example, couples may desire to enter into prenuptial agreements or separation agreements to help avoid disputes in the event of a divorce.

Prenuptial agreements or separation agreements can address property rights, child support, child
custody and visitation rights you may have regarding your children. These agreements can be
finalized before or during your marriage. Unmarried couples who are living together may desire to
enter into an agreement to specify expected rights and responsibilities which are similar to a
prenuptial or separation agreement. Prenuptial and separation agreements can additionally
specifyhow to value assets which were jointly obtained such as a home, retirement plans and
investments.

                                                ACCIDENTAL INJURIES

Accidents can occur in your automobile, at home or at your workplace. As a result, you may be
entitled to compensation from someone who caused or contributed to your injury. Compensation
for personal injuries may include lost income, reimbursement of medical expenses, money for
disabilities as a result of the accident and pain and suffering which you endured during a recovery
period. Many times, compensation is paid through an insurance company which has coverage for
those who contributed to your accidental injury.

                                                    EMPLOYMENT

Legal problems may arise in the workplace. Federal laws protect employees against
discrimination by employers. However, there are specific procedures which must be followed and
time restrictions on the filing of a claim or lawsuit.

                                          PURCHASE OR SALE OF A HOME       

The purchase or sale of a home probably is one of the largest investment decisions you will make
in your lifetime. As a result, it is important to avoid unfavorable contract provisions in your sales
agreement. Also, the real estate agent's listing contract should be carefully reviewed so that you
understand what your rights and obligations are under the agreement. If you are buying or selling
a home, a review of all documents by an attorney may save you time, money and aggravation so
that your interests are protected and the sale can be completed.

Back to table

___________________________________
Robert J. Myers is managing attorney of the Estate and Trust Division of  Maney l Gordon P.A.,
located at 1135 Pasadena Avenue South, Suite 140, St Petersburg, Florida. The telephone number is 727-347-5131. Mr. Myers welcomes calls regarding these articles and other related legal topics.  This column outlines general legal principles and is not intended to give you legal advice. If you have a specific question about the law, please consult an attorney.