Schofield and Spencer handles probate and estate administration, business organization, and taxation representation, estate planning, health care law, real estate law, business law Few activities are more important, yet more intimidating, than planning for your own longterm security and the continued wellbeing of your loved ones. The complexities of estate laws can lead many people to put off this crucial task until its too late, but with competent legal help you can lay a solid foundation for protecting your life and preserving your future. As experienced Florida Estate Planning Attorneys, we are devoted to providing lasting solutions to clients in Bradenton, Sarasota, and throughout the state, offering efficient representation in the following practice areas Health care planning is done in advance and in writing, so that in the event of an illness or disability, the individuals wishes and preferences are honored. The goal of formalizing your health care planning is to enable you to protect your property while you are living, to avoid an emergency guardianship situation, and to preserve your dignity and privacy. To accomplish these important objectives above, we provide you with the necessary tools, which are as follows Real estate transactions can appear deceptively simple and straightforward at first glance, only to disintegrate into a complicated morass of technical pitfalls that can lead to financial disaster. A seemingly minor title defect, a miscalculation concerning the short or longterm tax consequences of a particular deal, an overlooked requirement or restriction in zoning and land use regulations each of these items can become a potential catastrophe without competent legal advice and guidance from an experienced Attorney in real estate law. We understand the devastating impact of flawed real estate transactions, and we know how to help. As experienced Bradenton, Florida Real Estate Attorneys, we provide competent advice, guidance and counsel to help min
Title-Insurance and Closings, Closings, Revocable & Irrevocable Trusts, Attorneys At Law, Corporations, Real Estate -, Contract and Deed Preparations, Title Insurance and Closings, Document preparation and review, Real Property Law, Negotiations for Sale and Purchase, (The Above Represents A Partial Sampling of Our Services), Estate Planning, Document P, Estate Tax Planning, Partnerships & Joint Ventures, Formation of corporations & partnerships, Business and Commercial, Living Trusts & Wills, Commercial & Personal Injury Litigation, Real Estate - Commercial & Residential, Negotiations for Purchase and Sale, Preparation and Review of Contracts, Real Property Law Title Insurance, Wills Trusts Estate Planning Probate, Document Preparation and RE, Wills and Estate Administration, Estate & Gift Tax Litigation, Guardianships Business Law, Prenuptial Agreements, Wills.
The goal of formalizing your elder care planning is to enable you to protect your property while you are living, to avoid an emergency guardianship situation, and to preserve your dignity and privacy.
We at Schofield and Spencer provide substantial business law experience in all Florida business law matters. Our efficient counsel includes but is not limited to the following areas of business law...
Limited Liability Companies
LLCs are very flexible in nature and the operating agreement defines each member or manager’s rights, powers and entitlements. This includes capital accounts, membership interest, distributions of profit and allocated tax responsibility, just to name a few. This internal document is an agreement set by the company members that contains provisions for critical items and rules that run the company. Operating agreements can be amended at any time by the company members or managers. LLCs that do not have an operating agreement will be governed by state LLC law rather than what you and your business associates decide.
A seemingly minor title defect, a miscalculation concerning the short or long-term tax consequences of a particular deal, an overlooked requirement or restriction in zoning and land use regulations; each of these items can become a potential catastrophe without competent legal advice and guidance from an experienced Attorney in real estate law. We understand the devastating impact of flawed real estate transactions, and we know how to help.
Real Estate Transactions
Real estate transactions can appear deceptively simple and straight-forward at first glance, only to disintegrate into a complicated morass of technical pitfalls that can lead to financial disaster.
Mary Anne McClure Spencer is an attorney with of the Bradenton law firm of Schofield & Spencer, P. A., and a fourth generation native of Manatee County. She practices law in Manatee and Sarasota counties and has since 1986. Her practice is devoted to counseling clients in estate planning with wills, trusts, powers of attorney, health care surrogates and living wills. She also handles trust and estate administration and lectures on these topics. She is Board Certified by the Florida Bar as a specialist in Wills, Trusts and Estates. She is a member of the Florida Bar and served as Past Treasurer of the Manatee County Bar. She is a member of the Elder Law Section, Real Property, Probate & Trust Law Section and the Tax Section of the Florida Bar. Ms. Spencer received her law degree from Georgia State University College of Law, Atlanta, Georgia, and her Bachelor of Arts degree from Wake Forest University, Winston-Salem, North Carolina.
Trusts
Charitable pooled trust for the aged and disabled is a 42 U.S.C. 1396p(d)(4)(C) trust, which is a federally approved charitable trust that provides services for those who qualify.
Power of Attorney
The durable power of attorney must be in writing, must be executed with the same formalities required for the conveyance of real property by Florida law. Instrument is immediately effective except for springing power of attorney that the author personally does not recommend or utilize. Health Care Surrogacy takes priority over Power of Attorney with health care language.
When doing building construction or repairs, building contractors often utilize a legal device called a “mechanics lien” as a means of making certain they will be paid for their labor and materials. The creation of a mechanic’s lien involves written notice to the owner of the property and other formal requirements, and its enforcement is subject to strict procedural rules. Once a valid mechanic’s lien attaches to the property, however, it operates as a claim against the property which, if it remains unpaid, can ultimately result in foreclosure proceedings.
Tax Law
An operating agreement determines how the business is managed and it is used to override default rules imposed by a state’s LLC Act. Operating agreements generally address: 1) member’s capital and service contributions; 2) management of the LLC (member-managed or manager-managed); 3) buy-out provisions; 4) voting rights; 5) manager’s rights and responsibilities; 6) distributions; 7) tax planning; and 8) dissociation and dissolution.