Honoring Veterans: Veteran Legal Support Guide 2023 Florida

As the nation commemorates Veterans Day, it is a time to express gratitude and admiration for the men and women who have served in the military. However, beyond the parades and tributes, it’s important to acknowledge the difficulties that many veterans encounter, especially today. Here is a Florida veterans and active military guide for 2023.

by Attorney Carolina Nunez, Esq.

As the nation commemorates Veterans Day, it is a time to express gratitude and admiration for the men and women who have served in the military. However, beyond the parades and tributes, it’s important to acknowledge the financial difficulties that many veterans encounter.

Part I - Veteran Finances

• Foreclosure

• Bankruptcy

  
  

Part II - Insurance Policies for Veterans, Active Duty, and First Responders

• Florida Auto Insurance Policies

  
  

Part III - Estate Planning for Veterans, Active Duty, and First Responders

• Last Will and Testament

• Power of Attorney

• Advanced Medical Directive

• Healthcare Surrogate

• Florida Ladybird Deed

• Crypto Estate Planning

Part I - Veteran Finances

Understanding the Unique Challenges Facing Veterans Today

Veterans often face a myriad of financial challenges as they transition from military service to civilian life. The process of reintegrating into civilian society can be fraught with obstacles, including finding stable employment, accessing healthcare, and securing affordable housing. These difficulties can be further exacerbated by service-related medical issues, making it even more challenging to transition to civilian life again.

As a result, many veterans unfortunately find themselves teetering on the edge of financial hardship, grappling with the possibility of bankruptcy or foreclosure. To provide assistance, it is crucial to recognize the distinct financial struggles that veterans encounter and to provide them with the necessary support to navigate through these adversities.

Legal Options and Resources for Veterans in 2023

Navigating the legal landscape can be daunting, especially for veterans who are facing financial turmoil. However, there are specific legal options and resources available to veterans that can offer a lifeline in times of financial distress. From specialized veteran’s benefits to legal protections under the Servicemembers Civil Relief Act (SCRA), there are avenues through which veterans can seek assistance and safeguard their financial well-being. Understanding these legal provisions and utilizing them effectively can make a significant difference in preventing the slide into bankruptcy or foreclosure.

Here, at The Law Offices of Carolina Nunez, P.A., we strive to advocate for veterans’ rights and can provide personalized guidance to help veterans navigate the legal intricacies and secure their financial future.

There are several methods for consolidating debt, including:

• Personal Loan: By obtaining a personal loan, you can pay off your existing debts and focus on repaying a single loan with a fixed interest rate. Personal loans usually offer lower interest rates than credit cards, making them an attractive option for debt consolidation.

• Balance Transfer Credit Card: Some credit card issuers offer balance transfer credit cards with promotional 0% or low-interest rates for a specific period. Transferring high-interest credit card balances to a balance transfer card can help save on interest charges. However, be cautious of balance transfer fees and ensure that you can pay off the transferred balance within the promotional period.

• Home Equity Loan or Home Equity Line of Credit (HELOC): If you own a home and have built up equity, some will even consider using a home equity loan or HELOC to consolidate existing debts. These options allow to borrow against the value of a home and use the funds to pay off high-interest debts. However, be aware that using your home as collateral puts it at risk of a foreclosure if you fail to make payments.

Before pursuing debt consolidation, carefully assess your financial situation and determine which method aligns best with your needs and goals. Consider factors such as interest rates, repayment terms, fees, and your ability to qualify for the desired consolidation option. If you are in Orlando, Florida, or the surrounding areas, The Law Offices of Carolina Nunez, P.A. can guide you -- call us today at 407-900-FIRM. Our offices are located near Orlando in Winter Park and Daytona Beach.

Exploring Bankruptcy as a Veteran

When debt becomes overwhelming, bankruptcy may be an option. Bankruptcy is a legal process that provides individuals and businesses with a fresh start by eliminating or restructuring their debts. Veterans and military do have some protections available under Here's an overview of the two most common types of bankruptcy for individuals:

Exemptions for Pensions in Florida in Bankruptcy

The following types of pensions and retirement funds are exempt in Florida

• Tax-Exempt Retirement Accounts. Including 401(K)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, defined benefit plans, traditional, and Roth IRAs to $1,512,350 per person are fully exempt (valid for bankruptcy cases filed between April 1, 2022, and April 1, 2025).

  • See 11 U.S.C. 522(b)(3)(C)(n); Fla. Stat. Ann. § 222.21.

• Public Employee Retirement Benefits. State and County officer and employee retirement system benefits.

  • See Fla. Stat. Ann. § 122.15.

• Firefighter Pensions.

  • See Fla. Stat. Ann. § 175.241.

• Municipal Police Pensions.

  • See Fla. Stat. Ann. § 185.25.

• Teachers' Retirement Benefits.

  • See Fla. Stat. Ann. § 238.15.

Chapter 7 Bankruptcy Overview Chapter 7 bankruptcy, also known as liquidation bankruptcy, involves the sale of non-exempt assets to repay creditors. Here's how it works:

• Asset Evaluation: A court-appointed trustee assesses your assets to determine which can be sold to repay your debts. Certain assets may be exempt from liquidation, such as your primary residence, necessary household items, and tools used for work. Attorneys may apply state specific or other available bankruptcy exemptions to protect your assets.

• Debt Discharge: Once and/or if, your non-exempt assets are sold, the proceeds are distributed among your creditors. Any remaining unsecured debts, such as credit card balances or medical bills, may be discharged in a bankruptcy, relieving you of personal liability for those debts. While Chapter 7 bankruptcy offers a fresh start, it's important to note that not all debts are dischargeable. Non-dischargeable debts include student loans, child support, alimony, certain taxes, and debts resulting from fraudulent activities.
  

Part II - Insurance Policies

for Veterans, Active Duty Military, and First Responders

As a Veteran, you and your family have made immense sacrifices for our country whether its is because of assignments, deployments, base assignments, and more. The last thing you and your family need is additional stress here at home. As a service member or veteran, it is likely that you use insurance companies that provide military or first responder discounts. This is great for your overall policy, but sometimes, accidents do occur. It is important to make sure you also know what exactly is covered under your policy.

Your insurance agent may have helped you, but the truth is that most insurance companies won't tell you the other driver's available policy limits. This is why it is always important to hire a law firm that is familiar with the practices of the insurance company you may have.

PIP Coverage in Florida

First, let's start with the coverage that is required by law in Florida, Personal Injury Protection, or PIP for short. PIP covers the policyholder and passengers in their own vehicle for medical expenses and lost wages in case of an accident, regardless of fault. This coverage provides medical expenses and lost wages for you and your passengers in case of an accident, regardless of who is at fault.

PDL Coverage in Florida

Along with PIP, Florida drivers are also required to have Property Damage Liability coverage, or PDL. PDL covers damages to someone else's property in the event of an at-fault accident. This coverage protects you in case you are at fault for an accident and cause damage to someone else's property.

Optional Florida Auto Insurance Policy Coverage - Don't get Caught Off Guard

Now that you are prepared to know the required basic types of car insurance coverage in Florida, your optional coverage can be used in the unfortunate event where the at-fault driver was not insured at the time of the accident, if your injuries/damages are more than the policy limits, or even in a situation where there has been a hit and run. This is why it is extremely important for you to add on optional coverage to have peace of mind.

BIL Coverage

Bodily Injury Liability coverage, or BIL, helps pay for medical expenses and damages for others if you cause an accident.

UM/UIM Coverage - Optional Coverage in Florida

Uninsured/Underinsured Motorist coverage, or UM/UIM, is also an optional coverage in

Florida. This coverage protects you in case you are in an accident with a driver who doesn't have insurance or doesn't have enough insurance to cover the damages.

This UM/UIM can also kick in when you have been victim to a hit and run. Here, at The Law Offices of Carolina Nunez, P.A. -- we have fought hard for veterans and service members that have been victims in hit and runs and ultimately demanded that the insurance companies provide the maximum possible compensation.

Comprehensive and Collision Coverage in Florida

Finally, Comprehensive and Collision coverage are options to consider if you want to fully protect your own vehicle. Comprehensive coverage covers damages to your vehicle from incidents such as theft, natural disasters, and other non-collision events. Collision coverage, on the other hand, covers damages to your vehicle from an accident with another vehicle or object.

Part III - Estate Planning for Veterans, Active Duty, First Responders, and Reservists

If you are an active duty service member, veteran, reservist, or even first responder -- you know first hand how life for anyone can completely change within a matter of seconds. To protect your family and even yourself, having an estate plan, regardless of your current age, is important.

Having a lawyer that will attempt to do their best to understand your sacrifices and concerns is important. In addition, not many lawyers and/or law firms are out there that stay up to date with technology. For instance digital estate planning considerations should always include technological advances to cover accounts in crypto currency, social media accounts, NFTs, intellectual property; children; spouses; and, even pets.

Last Will and Testament

Unique Considerations with Active Duty Military, Veterans, Reservists, and Law Enforcement/Paramedics/EMTs/Firefighters

Special considerations when preparing estate plans for veterans, active duty military, reservists, first responders, and even medical personnel is critical. Whether you are a service member protecting our country or a first responder/medical professional serving our communities--you are making a sacrifice to protect others. That's why it is important to have a lawyer that understands the implications of a serious injury, illness, or even death related to your service.

A Last Will and Testament outlines the testator’s (the person named on the will/future deceased) wishes after death. The goal of a Last Will and Testament is to carry out the wishes by assigning individuals, known as Personal Representatives, who is responsible for distributing assets accordingly. In a Last Will and Testament, a Florida estate planning attorney may be able assign certain responsibilities individuals of the testator’s choosing, create trusts, protect minors and their assets; provide specific funeral instructions, protect pets, specifically disinherit individuals, and more.

Many people opt to draft their own Last Will and Testament. This can be problematic because language in a Last Will and Testament can easily become ambiguous or/and unclear based on Florida law. As a result, those that believe that they have a right to the estate can contest the contents of the Last Will and Testament before the court. This, in turn, creates tension, stress, and high attorney fees for families in trying to dispute and decipher the intentions of testator in the Last Will and Testament. The only way to avoid such a scenario is to consult with an attorney that can prepare the Last Will and Testament according to governing Florida state law.

Power of Attorney - Considerations With Veterans and Military Service Members

A Power of Attorney is an essential legal document that allows you to grant authority to an individual, called the “agent,” that you appoint to handle typically financial and/or transactional matters as your representative.

There are several different types of Power of Attorney documents in Florida. However, the most common are the General Power of Attorney or Limited Power of Attorney forms:

• General Power of Attorney in the event they become incapacitated or otherwise unable to act on their own behalf.

• Limited Power of Attorney is used to grant an agent a limited scope of authority for a specific purpose or limited timeframe.

  
  

For military, veterans, and first responders -- there are special considerations in the language of the Power of Attorney that should include language regarding life insurance policies, TRICARE benefits, disabled veteran benefits, retired veteran benefits, first responder specific retirement plans, and more. Here, at The Law Offices of Carolina Nunez, P.A. -- we will do our best to protect you and your family.

Advanced Medical Directives and Healthcare Surrogates

What about major medical decisions in the event one is not able to make medical decisions? Protecting our country comes at a huge sacrifice, oftentimes, veterans and active duty members deal with health implications at a very young age due to service related injuries.

This is where Advanced Medical Directives and Healthcare Surrogates play a major role. Healthcare Surrogates appoint an individual that one may trust to make medical decisions, discuss care with medical professionals, and access medical records. The Advanced Medical Directives states when to stop or continue medical intervention. These documents make it clear to loved ones as to what your wishes are.

Florida Ladybird Deeds

A Florida ladybird deed (also called an enhanced life estate deed) is a form of life estate deed that gives the current owner continued ownership and control of the property until his or her death. The deed names the beneficiaries of the property to be transferred to upon the owner's death. Proceeding the owner's death, the property is then automatically transferred to the new owners listed as the beneficiaries without the need for probate. With the assistance of a Florida estate planning lawyer, the ladybird deed is an inexpensive way to transfer property after death.

Thanking You for Your Service

As we reflect on the sacrifices and contributions of our veterans, it is essential to recognize the tangible ways in which we can support them in their post-service journey. By addressing the specific financial challenges that veterans face and offering them the legal expertise and resources they need, we can ensure that their transition to civilian life is marked by stability and security.

Here, at The Law Offices of Carolina Nunez, P.A., we do our best to understand your veteran and military background. With our personalized service, we have helped clients feel heard and understood. Call us today at 407-900-FIRM. Our offices are located near Orlando in Winter Park and Daytona Beach

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Carolina Nunez, Esq. is a Florida attorney at

The Law Offices of Carolina Nunez, P.A.

With our personalized service, we have helped clients feel heard and understood.

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