Archive
Experienced estate planning attorney joins firm
Via NEWS-PRESS – LEE COUNTY, Fla.- Written by Nancy Oben noben@news-press.com
For Thomas E. Shipp Jr., some of his best days are when clients write him a note saying thank you.
Shipp, an attorney with more than 30 years of experience in wills, trusts and estate planning, said he works with families dealing with difficult situations when a loved one passes.
“They’re relying on their confidence in me,” Shipp said.
Shipp, who has worked in Southwest Florida since 1980, recently joined the Martin Law Firm’s principal office in Cape Coral. He said he’s very happy with the new affiliation.
“It’s very exciting to go from a history of a solo practice and small partnerships to an organization that’s a group practice where a client can get many services under one roof,” Shipp said.
The Martin Law Firm is run by husband and wife team Steven E. Martin and Eviana J. Martin. The firm also has offices in Fort Myers and Naples. Steven Martin said he’s glad to have Shipp’s level of experience added to his firm.
“Tom’s been in practice for 30 years and we haven’t,” Martin said. “It’s exciting for us to get Tom’s depth and breadth of experience.”
Eviana Martin agreed, adding, “It’s important to get someone with experience in wills and trusts.”
Shipp, who has been at the firm for almost two months, said with a laugh that he’s getting all the old man jokes in the office. He said that in some firms, lawyers can be territorial but at the Martin Law Firm it’s more like a family.
“What’s really impressed me here is Steve and Eviana created a tight team, working together and helping each other out. I think it’s very unique,” Shipp said.
Although he jokes around in the office, Shipp is serious about his profession. He said that he focuses on the needs of clients in order to gain their trust because they rely on him to make the proper arrangements. He said you don’t get that reassurance when you prepare the documents yourself on the Internet.
“I want to be here when a person decided I need an attorney for a will or a trust,” Shipp said. “It’s part of the ability (of the client) to sit down and get personal advice from someone you have confidence in. With us, you don’t get a printed set of directions, or a toll-free number to call, you get a person.”
Shipp said some of the hardest hurdles he has to overcome are documents that were not properly prepared and he said these documents often affect the family members who have been left behind.
“It’s not just about the money the people inherit based on those documents,” he said. “It’s about the relationship of the family and how conflict can tear those relationships apart or how this moment could bring people closer together.”
http://www.news-press.com/apps/pbcs.dll/article?AID=2012301010024
Experienced estate planning attorney joins firm
For Thomas E. Shipp Jr., some of his best days are when clients write him a note saying thank you.
Shipp, an attorney with more than 30 years of experience in wills, trusts and estate planning, said he works with families dealing with difficult situations when a loved one passes.
“They’re relying on their confidence in me,” Shipp said.
Shipp, who has worked in Southwest Florida since 1980, recently joined the Martin Law Firm’s principal office in Cape Coral. He said he’s very happy with the new affiliation.
“It’s very exciting to go from a history of a solo practice and small partnerships to an organization that’s a group practice where a client can get many services under one roof,” Shipp said.
The Martin Law Firm is run by husband and wife team Steven E. Martin and Eviana J. Martin. The firm also has offices in Fort Myers and Naples. Steven Martin said he’s glad to have Shipp’s level of experience added to his firm.
“Tom’s been in practice for 30 years and we haven’t,” Martin said. “It’s exciting for us to get Tom’s depth and breadth of experience.”
Eviana Martin agreed, adding, “It’s important to get someone with experience in wills and trusts.”
Shipp, who has been at the firm for almost two months, said with a laugh that he’s getting all the old man jokes in the office. He said that in some firms, lawyers can be territorial but at the Martin Law Firm it’s more like a family.
“What’s really impressed me here is Steve and Eviana created a tight team, working together and helping each other out. I think it’s very unique,” Shipp said.
Although he jokes around in the office, Shipp is serious about his profession. He said that he focuses on the needs of clients in order to gain their trust because they rely on him to make the proper arrangements. He said you don’t get that reassurance when you prepare the documents yourself on the Internet.
“I want to be here when a person decided I need an attorney for a will or a trust,” Shipp said. “It’s part of the ability (of the client) to sit down and get personal advice from someone you have confidence in. With us, you don’t get a printed set of directions, or a toll-free number to call, you get a person.”
Shipp said some of the hardest hurdles he has to overcome are documents that were not properly prepared and he said these documents often affect the family members who have been left behind.
“It’s not just about the money the people inherit based on those documents,” he said. “It’s about the relationship of the family and how conflict can tear those relationships apart or how this moment could bring people closer together.”
http://www.news-press.com/apps/pbcs.dll/article?AID=2012301010024
Inges release statement regarding McCready custody battle
Via WINK NEWS – LEE COUNTY, Fla.- The saga surrounding Mindy McCready’s custody battle over her son, Zander McCready, continues.
Mindy McCready’s mother and stepfather, Gayle and Michael Inge, have released the following statement:
“Currently, our grandson is in foster care with strangers with the State of Arkansas. We would like to express our gratitude to the Florida Department of Children and Families for its effort in this case and also to the Arkansas foster family for their help in taking care of our grandson. We would like to plea for his return to Florida before Christmas.
The accusations made by Mindy McCready against us are false and hurtful. These accusations are the same accusations made by Mindy for the past four years and have been thoroughly investigated by the Florida Department of Children and Families and the presiding judge in our grandson’s case. We cannot get into specifics due to confidentiality in any child dependency matter.
The Arkansas Department of Human Services seems to be claiming jurisdiction over this case in violation of the UCCJEA (Unifom Child Custody Jurisdiction and Enforcement Act). Their position is in stark opposition to the basic principals outlined in the UCCJEA. We disagree with Arkansas DHS’s position as Florida has home state jurisdiction under the UCCJEA and a Florida Court has been involved in this case since 2007. In fact, there was a hearing in the Florida Court that concluded in early November for which a decision was pending at the time Mindy fled to Arkansas with the child. We are our grandson’s legal guardians.
The court in Arkansas has not yet ruled on the claims of the Arkansas DHS and has not yet ruled on the threshold issue of whether it even has jurisdiction under the UCCJEA to hear the case. It is our opinion that the State of Florida has ‘home state’ jurisdiction over this case, not the State of Arkansas. More practically speaking, having a case such as this handled in a state over a thousand miles away from our grandson’s family, doctors, teachers and classmates is an absurd and unjust result and clearly not in the best interest of our grandson. Our grandson is in the custody of strangers for the Holidays. This is the first time in his life he has been with strangers. It is hard for us as a family to see how in any way this is the best interest of our grandson. He is only a 5-year-old boy. He has been stolen by his mother, recovered from authorities hiding in a closet, then put in the care of strangers. How could this possibly be in the best interest of our grandson?
In custody and dependency matters justice delayed is often a failure of justice. Please join us in our prayers that the Arkansas court can reach its decision on the UCCJEA issue sooner rather than later so our grandson can return home to us, his family and friends in Lee County for the holidays.”
WINK Exclusive:McCready’s son to stay in foster home for now
LEE COUNTY, Fla. — A WINK News exclusive: The Mindy McCready custody battle heats up. WINK News has confirmed the county singer’s son, Zander, will remain in an Arkansas foster home through Christmas.
Inge’s lawyer told WINK News, Arkansas authorities claim it’s risky for Zander to live with her and her husband.
“At this point, the hearing in Arkansas has been continued until January 13, 2012 and the grandson is living with strangers and he’s not going to be home for the holidays,” said Steven E. Martin, attorney for Michael & Gayle Inge.
McCready recently accused her mother of being abusive toward Zander. Inge denies the allegations. Ultimately a judge will have the final say on who gets custody.
Thomas E. Shipp Jr. joins team at Martin Law Firm
CAPE CORAL, Fla. (Nov. 1, 2011) Thomas E. Shipp Jr. has joined the attorneys at Martin Law Firm announced firm principal, Steven E. Martin. An estate planning attorney based in Cape Coral since 1980, Shipp will add his expertise in the services of creating wills, trusts and other estate planning administration to the Martin Law Firm.
“We had been referring clients to one another,” said Martin. “It seemed natural to add his expertise to the services we offer our clients, making it more convenient to them to utilize our attorneys for all of their business and personal needs.”
The addition brings Shipp’s 30-plus years of experience to the firm’s estate planning practice, which also includes expertise in Bankruptcy, Family Law, Corporate and Business Services, and Real Estate Administration. Shipp earned his law degree from St. Louis University and was admitted to the Florida Bar in 1977. He is a member of the Real Property, Probate and Trust section of the Florida Bar.
Following the Martin Law Firm’s history of commitment to community service, Shipp is a member and past president of the Lee County Planning and past President of the Lee County Chapter of the International Association for Financial Planning. He has served on Executive Council of the Lee County Bar Association and is the President of the Cape Coral Bar Association. He is a Director and past Chairman of the Cape Coral Chamber of Commerce. He is also a member of the Investment Committee of the Cape Coral Community Foundation and past President of the Rotary Club Cape Coral Goldcoast.
Martin Law Firm is a group of attorneys founded by Steven and Eviana Martin, a husband and wife team focusing on estate planning, civil litigation, corporate and
business planning, family law, personal injury and real property law. Their offices are located in Cape Coral, Fort Myers and Naples. Members of the firm are admitted to
practice in the state of Florida and in the Federal Court for the Middle District of Florida.
Low Impact Auto Accidents
A low impact auto accident is generally defined as an incident that takes place atspeeds less than 10 miles per hour (mph). This type of collision usually causes the least amount of damage to the vehicles involved. Body injuries can result from any accident and that includes ones that occur with vehicles going less than 10 mph. Soft tissue injuries are the most common problem for those involved in a low impact accident.
A motor vehicle accident that takes place at speeds between under 10 mph often brings about little visible damage to the cars involved. Sometimes due to the fact that minimal damage was done to vehicle the injuries to the people in the vehicles are overlooked. This does not mean that bodily injury did not occur to the passengers during the crash. While an automobile is built to take a slow 5 to 10 mph crash that is not true for your body. In a low impact accident a person’s soft tissue can easily be damaged. The back and neck are the usual problem spots for soft tissue injuries and can result in life changing injuries. Soft tissue is a person’s ligaments, tendons and muscles. Soft tissue injuries are typically classified as contusions or bruises, sprains or strains. While these injuries may not appear as dramatic as a broken bone, if you have ever suffered from a sprained ankle or similar injury you know that they can be both painful and debilitating.
A contusion is an injury to the soft tissue caused by blunt force. This force produces pooling of blood around the injury causing discoloring of the skin. This is commonly referred to as a bruise. Bruising can be found in different shapes and colors.
A sprain is an injury to a ligament often brought about by wrenching or twisting of a joint. A sprain canbe a simple sprain, a partial tear or a complete tear. This can happen to various parts of a person’s body during an accident. It is not uncommon for a person to twist in their seat as a vehicle during the impact phase of the accident.
A strain is an injury to the muscle or tendon caused by overuse, force or stretching. The force of the car crash can push on a person’s soft tissue or cause parts to stretch in anabnormal way. Muscles and tendons support your bones. A strain may cause a partial or complete tear in the muscle and tendon combination.
The neck of a car occupant can whip forward causing the from a rear impact injuryknown as whiplash. General Motors (GM) conducted a study regarding crashes at speeds below eight mph. GM found, that injuries do occur at such low speeds. The study also showed that whiplash injuries account for more than half of all injuries connected tovehicular accidents.
A significant percent of those hurt in low speed collisions have reported having neck pain up to three years later. This injury is likely to be worse in those that experienced in a rear end collision. Depending on the age of the person this injury could cause permanent disability.
What Is Whiplash?
Whiplash-a soft tissue injury to the neck-is also called neck sprain or neck strain. It ischaracterized by a collection of symptoms that occur following damage to the neck,usually because of sudden extension (backward) and flexion (forward). The disordercommonly occurs as the result of an automobile accident and or a slip and fall, and mayinclude injury to intervertebral joints, discs and ligaments, cervical muscles, and nerveroots. Symptoms such as neck pain may be present directly after the injury or may bedelayed for several days. In addition to neck pain, other symptoms may include neckstiffness, injuries to the muscles and ligaments (myofascial injuries), headache,dizziness, abnormal sensations such as burning or prickling (known as paresthesias), orshoulder or back pain. In addition, some people experience conditions such as memoryloss, concentration impairment, nervousness/irritability, sleep disturbances, fatigue, or depression.
Steven E. Martin attends meeting of the Judicial Administration and Evaluation Committee for the Florida Bar in Orlando, Florida
Steven E. Martin of the Martin Law Firm, PL, a member of the Florida Bar’s Judicial Administration and Evaluation Committee attended the meeting of the committee in Orlando, Florida on September 16, 2011. The Committee addressed lack of attorney response to judge evaluation surveys, a voters’ guide for the upcoming 2012 judicial merit retention vote and a proposed new rule of Judicial Administration addressing disqualification of trial judges.
The Committee has a longstanding program where attorneys can confidentially and anonymously submit surveys to judges in their circuit providing feedback to the judges enabling them to improve their performance. Unfortunately, the program has received a dismal response. Out of 439 judges who actually mailed the feedback forms to attorneys, only 5% of the forms where actually returned. The committee noted that there are a number of judges who also do not participate in the program. It was discussed that rather than having the judge to be evaluated submit the form to the legal community it should instead be addressed by local bar associations, local clerks of court, or by the chief judge of each judicial circuit in Florida. Mr. Martin agreed to meet with Judge Jay Rosman, Chief Judge of the Twentieth Judicial Circuit to discuss the issue. Additionally, the committee has an anonymous website for attorneys to submit judicial feedback maintained at: www.floridabar.org/judicialfeedback.
Steven E. Martin of the Martin Law Firm, PL, and a member of the Florida Bar’s Judicial Administration and Evaluation Committee, believes the process of evaluation provides benefit to the judiciary. “Everyday, the marketplace and my peers in the legal community evaluate my performance as an attorney, and I make adjustments where I am deficient. This program, properly implemented, will improve our judiciary. A judge should know which approaches to their work are viewed by attorneys as effective and appreciated and also when certain approaches may need to be changed.”
The committee also continued work on a Guide for Florida Voters regarding the upcoming judicial elections and merit retention vote to be prepared for the 2012 elections. Merit retention is a system of selecting Florida’s Supreme Court Justices established by the voters when they amended the Florida Constitution in the 1970s. Under merit retention, the Governor appoints new Justices from a list of three to six names submitted by a Judicial Nominating Commission. The Governor must select from the list. Once appointed, Justices eventually must face the voters in a “yes” or “no” vote as to whether they should remain in office. If retained, the Justice serves a six-year term beginning in early January following the merit retention election. Three Florida Supreme Court Justices face a merit retention vote in the 2012 elections.
Additionally, the Committee continued work on proposed new rule of Judicial Administration regarding disqualification of trial judges. The committee debated numerous points as to what grounds could a party in a suit file a motion to disqualify a judge in a pending matter. The committee will hold a special meeting in December to finalize the language of the proposed rule.
The Judicial Administration and Evaluation Committee has the responsibility of accepting specific assignments from the Board of Governors in areas regarding judiciary. The committee reviews all legislation prefiled pertinent to the judiciary and makes recommendations either to the Board of Governors or the Legislation Committee. The Judicial Administration and Evaluation Committee also assists the Florida Supreme Court in the Judicial feedback program.
Steven E. Martin’s practice focuses on estate planning, civil litigation, business planning, family law and real property law. Martin is the Immediate Past President of the Cape Coral Bar Association and is an active member of the Lee County Bar Association. Martin is a member of the Florida Bar’s Judicial Administration and Evaluation Committee. Martin is also a member of the Tax, Business Law, Elder Law, and the Real Property and Trust Law Sections of the Florida Bar Association. Martin is a member of the Calusa Chapter of the American Inns of Court.. Martin is admitted to practice in the state of Florida and in the Federal Court for the Middle District of Florida.
Built on a tradition of service to the community, the Martin Law Firm, P.L. brings to Southwest Florida a fresh approach to legal representation with accessible attorneys and a commitment to client satisfaction. The Martin Law Firm attorneys are known not only for their legal skills, but for their leadership among peers, success in business and service to the civic community, both here and abroad.
Can the owner of a poorly maintained flat-bed trailer that flips on its side be found liable for damages suffered by the driver of the vehicle?
At trial, the driver’s attorney presented evidence demonstrating that the defective condition of the flat bed was the cause of the driver’s injury. First it was shown that flat-bed trailer was in poor condition with holes in the floor of the bed as well as rotten and warped wood. Second, Joseph Trucking was shown to have knowledge of the poor condition of the flat-bed. Third, it was shown that wood used in previous repairs was not the type typically used for such repairs. Fourth, Joseph Trucking was unable to produce any maintenance or repair records for the flat-bed trailer. Fifth, the driver was able to present evidence that the concrete pieces where properly loaded and secured on the flat-bed trailer. Sixth, the driver was demonstrated to be a properly licensed commercial vehicle operator with the necessary experience. Finally, the driver was able to demonstrate that he was experienced with driving on the roadway where the accident occurred.
The jury found that Joseph Trucking was 70% at fault and the driver was 30% at fault. Interestingly, the trial judge granted Joseph Trucking’s motion for directed verdict, finding that the notwithstanding the evidence describe above, the driver had failed to demonstrate that defective condition of the truck caused the accident. On appeal, the 5th District Court of Appeal disagreed with the trial court and overruled the trial court, finding that the driver’s attorney did present sufficient evidence at trial for the jury to find that the poor condition of the flat-bed trailer was a contributing cause of the accident.
See Benitez v. Joseph Trucking, Inc., 36 Fla. L. Weekly D1995 (Fla. 5th DCA 2011).
Chapter 13 Filing Roadmap
All too often our clients come to us and are unaware of the actual process of filing for bankruptcy protection. We have simplified the steps of a bankruptcy into a few core stages along with what we require of you as part of this process.
CHAPTER 13 FILING ROADMAP
Pre-Filing
1. Pay attorney’s fees in full, gather all required documents, schedule an appointment for a Questionnaire Review, and write down questions for the attorney.
2. Provide any additional documents requested at the Questionnaire Review, take the Credit Counseling Course at Debthelper.com. If you have an operational business, please provide our office with the business’s bank statements. Additionally, please annotate all non-business related (personal) deposits and withdrawals. Our office will give you a call to schedule an appointment to sign your bankruptcy petition once it is ready.
3. On the date of filing your bankruptcy petition our office will give you a call to get the current balances for all of your bank accounts (personal and business). You will be provided with the case number once your bankruptcy petition is filed.
Post-Filing
4. About a week after your petition is filed, a bankruptcy Trustee will be assigned and a date for the 341 Meeting of Creditors will be automatically scheduled by the court. The meeting will usually take place about 30-45 days after filing. You will receive a letter from our firm reminding you of the date, time, and place of the meeting. You must attend the meeting in person and bring your original Social Security card and Driver’s License to show the Trustee. At the meeting the Trustee will ask you questions about your assets, liabilities, income, expenses and other questions pertaining to your specific case. Please be familiar with your monthly expenses such as food, home maintenance, and medical expenses.
5. Your payments to the Trustee will start in about 30 days from the date of filing your petition. You will receive a letter from the Trustee (Jon M. Waage) indicating the amount, date of payment, and the address where to send the payments. The next step in a Chapter 13 filing is a Confirmation of Your Plan Hearing. You do not have to attend this hearing. The attorney handling your case will attend the hearing on your behalf. Prior to the confirmation hearing the Trustee will file a Recommendation concerning your case. Usually the Recommendation is Unfavorable and restates the issues that still have to be dealt with in your case (for example if your income is understated or if the trustee feels that your expenses are too high or luxurious; you may have to show proof of particular expenses in order for the Trustee to allow those expenses, or if any amendments need to be filed in your case). Your creditors have approximately five months from the date of filing to file claims in your case. The first Confirmation Hearing is usually continued for a variety of reasons. If your case is for 100% repayment, you need to wait until the last date for your creditors to file a claim in your case to see how many claims were filed. Once your case is confirmed, your payments to the Trustee are determined and in about a month you will receive an Order of Confirmation spelling out the contents of your plan, its duration, and who is entitled to receive the distribution of funds from the Trustee. You can set your payments to automatically withdraw from your bank account. Please note that you might be required to surrender your tax refunds to the Trustee for the duration of your Chapter 13 Plan.