Herbach, Kathleen, ATY

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(941) 755-2674Visit WebsiteMap & Directions1429 60th Ave W Ste 300Bradenton, FL 34207 Write a Review

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Neighborhood: Oneco
AKA: Kathleen Herbach Attorney
Other Link: http://sspa.co
Categories: Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Real Estate Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (941) 755-2674

Address: 1429 60th Ave W Ste 300, Bradenton, FL 34207

Website: http://sspa.co

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Herbach, Kathleen, ATY

Guardianship
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.
Annulment

Wrongful Death
A wrongful death lawsuit is a civil action brought by the survivors or the estate of a person who died due to the negligence or intentional actions of another. Who Can File a Wrongful Death Claim? Each state has a specific set of rules governing wrongful death claims, including rules identifying who can file a...

Business and Corporate Law

Business Disputes
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.

Real Estate Litigation
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.
Land Use and Zoning

Medicaid Planning

Trusts and Estates

Estate Planning
Wills
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.
Probate

Foreclosure
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.

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