Welcome to the NEWSLETTER of Fisher's Law Office, providing you with legal information you can use in your everyday life. In this issue, we discuss wartime legal issues that might impact your life. If you have questions about what you read in this newsletter, please call us today.

1. DO I NEED A WILL DURING WARTIME?

Everyone over age eighteen in Florida should have a current up-to-date Will. Here are some points to remember in preparing to write and reviewing your Will.

A Will should state clearly the name of the person or persons you want to inherit your property when you die. Say what percentage of your estate each heir will receive by law, your spouse must inherit at least 30% of your estate when you die.

Avoid listing specific assets in your Will because you might not own the item when you die.

You must sign your Will at the end of the document.

A Will must be witnessed by two people.

Fisher's Law Office only charges $200.00 to write a simple Will.

2. WHAT IF YOU DIE WITHOUT A WILL?

(a) If you die without a Will, you die "intestate".

(b) If you die intestate, Florida law provides for who receives your property when you die.

(c) Generally, if you die without a Will, your spouse gets the first $20,000.00 of your estate and the balance is split equally between your spouse and children.

3. SHOULD I HAVE A "LIVING WILL"?

Yes, everyone who wants to prevent life-prolonging procedures should have a Living Will.

A Living Will is a written statement directing your caregivers to cease all care if you are terminally ill.

A Living Will prevents anyone from doing anything to keep you from dying.

To be binding, a Living Will must be signed in the presence of two witnesses. One of your witnesses may not be a blood relative or spouse.

If you are disabled, someone else can notify the nursing home or your doctor of the existence of your Living Will and give them a copy of it.

Your Living Will is a part of your medical records and should be given to the hospital and doctor (see Florida Statutes Section 765.302).

4. SHOULD YOU CARRY A CONCEALED FIREARM?

(a) Florida Statutes Chapter 790 allows Floridians and certain non-residents to carry concealed weapons within the State of Florida.

(b) In order to carry a concealed weapon or a firearm, you must obtain a license from the Department of State.

(c) To obtain a license, you must fill out a form and show that you are a resident of the U.S., at least twenty-one years of age, have no physical disability that prevents you from holding a gun, have not been convicted of a felony, have not been "committed" for the abuse of drugs. You may not be addicted to alcohol and you must have only one DUI on your record.

(d) In addition, you must pass a firearms course as set forth in Florida Statutes Section 790.06(h).

(e) You must not have been adjudicated incompetent or committed to a mental institution or been convicted of domestic violence within the last three years.

(f) People who have current injunctions to prevent domestic violence in force cannot obtain a concealed weapons permit.

(g) There are other technical requirements such as providing fingerprints and photographs.

(h) Over 200,000 Floridians currently have concealed weapons permits.

(i) Concealed weapons permits do not allow you to bring your gun into a bar, the legislature or a courthouse. There are other places that you cannot bring your gun even if you have a concealed weapons permit (such as airlines!).

5. TIPS FOR DRIVING WITH A GUN IN YOUR CAR

Fisher's Law Office is often asked by clients what the requirements are to to carry a weapon in their automobile. Under Florida Statutes Section 790.25, it is lawful for a person eighteen years of age or older to possess a concealed firearm in a car without a license if the gun is securely incased or otherwise not readily accessible for immediate use. Rifles being transported for lawful use (going hunting) do not have to be securely incased.

6. WHAT DOES THE FLORIDA CONSTITUTION SAY ABOUT THE RIGHT TO BEAR      ARMS?

Section VIII of the Florida Constitution, Right to Bear Arms, states:

"The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the State shall not be infringed except that the manner of bearing arms may be regulated by law."

Section VIII also states:

"There shall be a mandatory period of three days excluding weekends and legal holidays between the purchase and delivery at retail of any handgun."

Note: The three-day waiting period to buy a pistol does not apply if you possess a valid concealed weapons permit.

7. FUNERAL PLANS ARE ESSENTIAL DURING WARS

Since we never know when we will die, many believe that "pre-need funeral insurance" is a good investment. Such insurance is regulated by Florida Statutes Chapter 497. Here are some points to keep in mind regarding pre-need burial plans:

(a) Under Florida Statutes Section 497.401, pre-need burial plans are exempt from the Florida Insurance Code. Therefore, always be cautious when you buy a pre-need insurance plan.

(b) Anyone who sells pre-need burial contracts must have a certificate of authority from the State of Florida (see Florida Statutes Chapter 497.405).

(c) Certificate holders are required to file an annual statement as to the activities of any trust it establishes to hold the money to be used to buy people in the future.

(d) Pre-need burial contracts are protected by the Pre-need Funeral Contract Consumer Protection Trust Fund (see Florida Statutes Section 497.413). Moral to the story? Be very cautious whenever you pre-purchase a funeral. Make sure that the salesman is licensed and that the reports and laws are followed.

8. MY WIFE JUST DIED. DO I HAVE TO PAY HER BILLS?

No, in general debts of decedents do not have to be paid by others. However, during probate the estate's debts have to be paid before distribution is made to the heirs. There are exceptions:

(a) Homestead property passes to a spouse even if the decedent had substantial debts. Mortgages on homestead property must be paid but any other debts do not attach to the homestead property.

(b) Individual Retirement Accounts (IRA'S) pass to the beneficiary named on the IRA.. The beneficiary receives the proceeds of the IRA despite any debts the decedent may have had. (Warning: Estate taxes "follow the asset" so make sure they are paid before you accept IRA proceeds!)

(c) 401K Plan beneficiaries receive the amount of the 401K without any debts attaching to the amounts.

(d) Estates under $1,000,000.00 do not owe estate tax beginning January 1, 2002.

9. MY SPOUSE WENT AWAY TO FIGHT AND WAS LOST IN COMBAT. HOW CAN I      ADMINISTER HIS PROPERTY?

(a) Under Florida Statues Chapter 747, any person who serves with the Armed Forces of the United States who is missing in action is considered an "absentee" under the law.

(b) The court has the power under Florida Statutes Section 747.02 to allow a spouse to act on behalf of the absentee as it relates to properties or businesses the soldier had before disappearing.

(c) After the court is satisfied that the person is truly an absentee (missing in action or otherwise), the court has the power to appoint a conservator of the absentee's property subject to further order of the court

(d) The court may require a bond. If it is determined that the missing soldier has died the court shall terminate the conservatorship and transfer the property of the deceased absentee to the executor named in the soldier's Will.

10. NEW CENTRALIZED DATABASE MAKES COLLECTING JUDGMENTS EASIER

As of October 1, 2001, all Florida judgments should be recorded in Tallahassee, Florida, so that the judgment acts as a statewide lien on all personal property of the debtor. Under a major change in the law, all judgments are recorded with the State of Florida in a single database accesible on the internet. If a debtor owes money through a judgment, this information is easily accessible by credit reporting agencies and anyone who is thinking of extending credit to a debtor. Also, it will be easier to record a judgment in order to levy on property of a debtor as a result of this change in the law (see Florida Statutes Chapter 55.501).

11. WHAT IF YOU LOSE YOUR JOB IN WARTIME?

When you leave your employment, make sure that you do not "burn your bridges" with your former employer. The reasons for this are as follows:

You may need a reference from your employer.

Your professional reputation could be damaged if you leave on bad terms.

If anything is wrong or a computer file is missing, you could be blamed if you left on bad terms.

You could be sued.

It is always best to leave your former employment on good terms.

12. WHAT IF YOU CAN'T FIND ANOTHER JOB?

Under Florida law, you are entitled to unemployment compensation of approximately $275.00 a week if you worked for the minimum amount of time at your old job. Always apply for unemployment compensation.

Warning: You owe income tax on your unemployment compensation and, generally, unemployment compensation does not have income tax withholding.

13. DO I HAVE TO PAY CHILD SUPPORT AFTER LOSING MY JOB?

Yes, but you can get it reduced. If you are paying child support and you lose your job, make sure that you file your petition to lower your child support immediately. Remember, the child support is reduced from the date the petition is filed, not from the date that you lose your job. Therefore, whenever your income goes down substantially, you should immediately ask the court to reduce your child support and not wait.

14. FUNNY CASE OF THE MONTH

Our client was charged with careless driving for hitting a deer on Deer Run Road. Result: She'll be more careful when driving on Deer Run Road.

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