Kirwan Law Firm

Add to Favorites

Attorneys, Accountants-Certified Public, Bankruptcy Law Attorneys

Be the first to review!

CLOSED NOW

Today: 8:30 am - 5:00 pm

Tomorrow: 8:30 am - 5:00 pm

14 Years

in Business

(407) 210-6622Visit WebsiteMap & Directions301 N Fern Creek AveOrlando, FL 32803 Write a Review

Is this your business?

Customize this page.

Claim This Business

Hours

Regular Hours

Mon - Fri:	8:30 am - 5:00 pm

Places Near Orlando with Attorneys

Winter Park (6 miles)
Maitland (9 miles)
Goldenrod (10 miles)
Altamonte Springs (13 miles)
Altamont (13 miles)
Taft (13 miles)
Casselberry (15 miles)

More Info

Neighborhood

Colonialtown South

AKA

Kirwan & Associates

Other Links

http://www.kirwanlawfirm.com/page11

http://kirwanlawfirm.com

Categories

Attorneys, Accountants-Certified Public, Bankruptcy Law Attorneys, Business Law Attorneys, Child Custody Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Insurance, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

GalleryView all (1)

Gallery Image Number 1

Reviews

Hi there!
Be the first to review!

Click to Rate

Details

Phone: (407) 210-6622

Address: 301 N Fern Creek Ave, Orlando, FL 32803

Website: http://www.kirwanlawfirm.com/page11

People Also Viewed

View similar Attorneys

Suggest an Edit

Kirwan Law Firm

Divorce
Child Support
There are some limits to spendthrift protection, however. Florida Statutes Section 1736.0503, states that a spendthrift provision is generally unenforceable against (i) a beneficiary’s child with respect to a claim for child support, (ii) a beneficiary’s former spouse with respect to a claim for alimony, (iii) anyone (such as an attorney) who has provided services for the protection of a beneficiary’s interest in the trust, and (iv) the government. If the trust is also a discretionary trust (see discussion below), these exception creditors may still be thwarted from reaching the trust assets.
Guardianship
Note first that since Mike is not a beneficiary of the Brady Family Irrevocable Trust, the trust will protect assets not only from his creditors but from those of Carol and the kids. The assets will be included in Mike’s estate for estate tax purposes but if that is not a concern of his (maybe the assets are less than the combined unified credits of he and Carol, if he thinks the assets will be largely depleted by the time he dies, etc.), he still derives all the other advantages trusts can provide (e.g., no probate, business succession planning, avoiding guardianship, estate tax reduction by using both spouse’s unified credit, passing assets on to kids in a way that protects them from creditors, divorcing spouses, etc.). Also note that if Mike and Carol need the trust assets to live on, the trust can still distribute assets to Carol without any adverse tax consequences. This is because married couples are allowed to makes gifts of an unlimited amount to each other without paying any gift tax. And since the assets in the trust are in essence passing from Mike (who never made a completed gift) to Carol, his wedded bride, no gift tax is triggered when distributions are made to her.
Spousal Support

Business and Corporate Law

Limited Liability Companies
The ability to use family limited partnerships and limited liability companies (“LLCs”) to shrink the value of your assets for estate and gift tax purposes was not destroyed (something many of us estate tax attorneys feared might be in the new Act).

Employment Contract
“The first factor is the existence of an employment contract itself. A contract is the best possible evidence of whether the contracting parties intended to form an employee-employer relationship or merely engage the services of an independent contractor. Ware v. Money-Plan Intern, Inc., 467 So.2d 1072 (2d DCA, Fla.1985). In this case the Debtor entered into an Employment Agreement with the P.A. which is quite comprehensive. The P.A. provides the Debtor with facilities, equipment and supplies and pays for his professional liability insurance, occupational license fees and many other expenses which would typically only be paid by an employer in an employee-employer relationship. The Employment Agreement gives the P.A. authority to establish policies and procedures to be followed in treating patients and to determine which patients the Debtor may treat. Additionally, the agreement establishes a fixed salary for the Debtor. The agreement itself is strong evidence that the parties intended to create an employee-employer relationship.”

Medical Malpractice
A trend that has arisen since the medical malpractice insurance crisis started making the news is a proliferation of attorneys, financial advisers, and other professionals getting into the asset protection business after seeing a profit to be made. Unfortunately, many of these professionals lack the requisite skill in this area, or worse, have come up with a one size fits all solution which they are heavily marketing, and which provide the greatest benefit to the marketer rather than the physician engaging in the planning. The old adage "if it seems too good to be true, it probably is" is one you should take to heart before spending your valuable time and money on an asset protection plan. Common sense should tell us that every asset protection technique from the most simple to the most complex has upsides and downsides. Unfortunately, since there is money to be made in this type of planning, many people offering assistance in asset protection planning focus purely on the upsides and fail to educate the people with whom they are working as to the downsides of a given technique. I have also searched the bookstores to try and find a good book I could recommend to people interested in learning more about asset protection planning. What I found was a few good books written exclusively for lawyers and a proliferation of books written for non-lawyers that hype the need for asset protection and then fail miserably in providing the reader with any meaningful explanations of what real asset protection is. This finally lead to my writing the Asset Protection Guide For Florida Physicians which will explain the "traps for the unwary" together with strategies to build a fortress around your hard earned assets.

Trusts and Estates

Estate Planning
Wills
Your Unified Credit. Every person has a “unified credit” which permits him or her to make gifts during life or at death up to a certain amount. This is a single, one time credit; not a person or per year credit. In 2009 this amount was $3,500,000; in 2011 it rose to $5,000,000; under the new Act, and in 2013 the amount drops to $1,000,000. For purposes of the estate tax, this means that if you and your spouse both die before January 1, 2013, you would not pay estate taxes if your estate was $10,000,000 or less. Note, however, that if one of you dies in 2013, you would pay estate taxes on everything over $1,000,000 (or $2,000,000 if you have properly funded wills and trusts.) Hopefully, all of you reading this article will still be among the living in 2010, so the unified credit’s ability to shelter lifetime gifts from gift taxes will be more relevant.
Trusts
I wanted to write an article about “irrevocable” trusts because I have found that they are widely misunderstood, even by many attorneys, accountants, bankers, and other professionals. When I typed the search term “irrevocable trusts” into Google, the first two results were an Ask.com article entitled “What is an Irrevocable Trust, “and an Investopedia.com article entitled “Irrevocable Trust Definition.” These were the definitions they provided respectively...
Probate

Foreclosure
Most people who have purchased real estate and now find themselves owning more money to the bank than the property is worth, look to short sale or foreclosure defense “experts” for a solution. Most of these people only address a portion of the problem and can even make the problem worse. Click below to download an article that not only explains the myriad problems that someone who is upside-down on a home, condo, or piece of investment real estate will face, but also the best approach to finding a meaningful, long term solution.
Tax Law
Before forging ahead with the opportunities provided with the Act, I want to go over a few of the basics of estate and gift tax planning so that you will fully appreciate the planning strategies explained below.

View All Services

Provided by