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Estate planning is the process of arranging during one’s lifetime for the disposal and distribution of that person’s assets after death. Wills and trusts are commonly used when devising an estate plan. However, when it comes to attempting to avoid probate, the manner in which real property is owned can be a very powerful estate planning tools. Introduction In Florida, there are several ways in which you can own real property that would allow it to pass directly to joint owners upon the death of one co-owner without having to go through the probate process. What is “Joint Tenancy with Right of Survivorship”? Joint Tenancy with Right of Survivorship, or “JTWRS” as it’s commonly referred to, is the ability to own property concurrently with another individual knowing that upon your passing the joint owner will automatically assume complete ownership of the subject property. This is one of the most popular ways in which property can be co-owned in Florida. This manner of ownership is commonly used among family members as a method to avoid probate, especially for smaller estates. The most notable benefit to JTWRS ownership is that subsequent to the death of a joint owner the deceased owner’s interest in the subject property automatically vests in the surviving joint owner by operation of law and without the need for any action or recordation in public records. For this reason, carefully drafted Online Directives are an important tool in ensuring the decedent’s wishes are carried out in a legal and acceptable manner. However, practically speaking, parties often require transfer deeds to be executed and filed in public records reflecting the surviving owner’s sole ownership prior to finalizing subsequent conveyances. To legally create JTWRS in the state of Florida, the right of survivorship must be expressly stated in the instrument creating the joint tenancy (typically a deed). In accordance with § 689.15, Fla. Stat, failure to expressly state the right of survivorship will result in the ownership interest being a tenancy in common with no right of survivorship for the remaining owners. Is “Tenancy by the Entirety” Ownership Appropriate for you? While tenancy by the entirety is similar to JTWRS in that the deceased owner’s interest in the real property is automatically transferred and vests in the joint owner, tenancy by the entirety has two specific requirements. First, tenancy by the entirety is available only to married couples and, therefore, is often used to reflect ownership of principle residences. Secondly, tenancy by the entirety does not require express language in the transfer deed stating that the subject real property is owned in this manner. In Florida, there is an assumption that property owned by a wife and husband is held as tenants by the entirety (Beal Bank, SSB v. Almand & Assocs., 780 So. 2d 45, 54 (Fla. 2001)). Nevertheless, practitioners often include the marital status of spouse co-owners in the deed to avoid confusion and to clearly state the intention to create a tenancy by the entirety. The benefit of having one spouses interest automatically transfer to the other as a result of tenancy by the entirety ownership terminates with divorce. In such case, the one-time spouses automatically become tenants in common and the deceased spouse’s interest must go through the probate process unless the parties remarry each other and new conveyance of the subject property is made (§ 689.15, Fla. Stat.). Terms of a martial settlement agreement may also speak to the manner in which the new ownership type. However, there are several reasons why spouses may not wish to create the right of survivorship afforded by tenants by the entirety ownership. For example, it may not further their estate planning goals, the marriage may be a later marriage and the spouses choose to keep their assets separate or when certain marital agreements (such as an antenuptial or prenuptial agreement) mandates a different ownership type. In such cases, the spouse co-owners should include language in the transfer deed clearly indicating that the spouses are assuming ownership of the subject real property as tenants in common of the specific fractional interest owned by each spouse. Enhanced Life Estates (a.k.a. Lady Bird Deeds) as an Estate Planning vehicle In Florida, enhanced life estate deeds, commonly referred to as “Lady Bird” deeds, are also used to transfer real estate property without the need for probate after the death of the life tenant (14 Fla. Prac., Elder Law § 9:53 (2015-2016 ed.)). Specifically, an enhanced life estate deed is an alternative form of ownership to JTWRS or Tenancy by the Entirety that differs from a typical life estate in that the life tenant (a person who has the right to some real estate for his lifetime) in an enhanced life estate maintains the right to convey or encumber the subject real property without the remainderman’s (the individual who receives the real estate when the life tenant dies) consent. A life tenant also retains the ability to unilaterally change the enhanced life estate (14 Fla. Prac., Elder Law § 9:56 (2015-2016 ed.).). Another benefit of owning a life estate interest in real property is that it entitles the life tenant to certain real property related benefits, such as a full homestead tax exemption while the life tenant is alive (§ 196.031, Fla. Stat.).   After death considerations While these ownership types are intended to avoid probate and allow for the “transfer” of property without further action, there are certain instances after the death of a joint owner in which the remaining owner(s) must act. For example, the remaining joint owner (or remaindermen) should have the deceased owner’s name removed from the county’s real property tax bill by recording a redacted certified death certificate. Additionally, oftentimes title companies helping to facilitate subsequent conveyances of the subject property require transfer deeds to be recorded reflecting sole ownership by the remaining joint owner. Also, prior to insuring a new, independent owner, a title insurance company may require one of the following: Record a redacted certified copy of the death certificate in the appropriate county’s public records; Record an affidavit of continuous marriage in the appropriate county’s public records reflecting that the tenancy by the entirety ownership was continuous before the deceased owner’s death and was never terminated by virtue of divorce; Include specific language regarding the death of the deceased joint owner or the life tenant in any subsequent transfer deed to a new, independent owner.   Conclusion While vesting ownership in one of the above-referenced manners is in no way a complete replacement for a comprehensive estate plan, it does provide money and time-saving benefits. Properly vesting ownership in real property is a necessary and valuable tool regardless of the size of one’s estate. If your goal is to avoid the probate process and ensure that your real property accurately and efficiently passes to your loved ones, contact a qualified attorney today to discuss your options. ...read more

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Across the board, employees are being asked to do more with data. Sales teams are being asked to use analytics for finding new revenue streams. Operations departments are being asked to increase profits and improve margins through data-driven efficiencies. To get all of this accomplished, companies are continually looking for new, deeper dimensions in their data sets and faster methods to take advantage of them. Cortera has found that the companies most successful in using data to achieve their goals, start with questions surrounding the applicability of data rather than the amount of data available. Their questions may flow in a similar order to “What am I trying to achieve?” followed by “What insights would help me achieve this?” and then “What data points would provide these insights?” Let’s take Sales for example, “How can I find new revenue streams?” clearly sets up what the team is trying to accomplish. Insightful questions might include: Who are my best customers today? Where can I find more like them in current markets? Are there other industries with companies of similar characteristics for expansion? What do they buy? (borrowed from the consumer space to identify data points deriving these insights) When and where do they make purchases? How and when do they pay? Purchasing behaviors have driven consumer marketing strategies for decades, only to be further amplified by the continual improvements in consumer data. Today, businesses are also able to take advantage of B2B purchasing behaviors to drive commercial sales and marketing strategies. Continue on to our original blog post here to learn what questions should be asked from an operational standpoint followed by our conclusion here: https://www.cortera.com/blog/the-continual-search-for-improved-commercial-data-and-faster-analysis ...read more

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Data cleansing is an essential aspect of any organization. Having an accurate database enhances the working environment and makes the work more exciting. Data cleansing is a complex process. Here are somedata cleansing stepseveryone should know; Data auditing Data auditing very essential when cleansing data. Data checking is done to bring out the wrongs much quickly. For a better result, statistical and database methods can be used to expose unwanted information. The information should be used to infer either the characteristics or the locations of the anomalies. Monitoring errors Do some research to enhance mistakes monitoring. Monitoring errors gives the room to understand any other anomalies that may occur in the future. Also, it keeps a record where errors originate and make it easy to deal with any incoming errors before it spread. Validating accuracy during the cleansing More essential when dealing with exquisite database where persistence and consistency are more considered. It is achieved by doing research and acquiring the required tools to enable you to clean the data much easy and faster. Employ different methods in data cleansing You should not limit to analysis through statistical and database purposes, but you can also consider employing additional steps like external data and making comparison with internal data. Additionally, you can use the services of a foreign telemarketing company. Remove duplicates It will help you to save time when analyzing data. You can avoid this by doing research and investing in other data cleaning tools. Combining data The process of cleansing data should not be limited to just inaccurate data from the customer's database. It should be an opportunity to consolidate customer data and any other information like email address, and phone numbers must be incorporated as much as possible. Analyze data After your data has been validated and duplicate removed, you can use a thirty-party source to append it. The thirty-party will capture all the information from the first-party sites, then clean and compile it to provide a complete report for analytics. Feedback The organization should come up with a control mechanism where any inaccurate information gets reported or updated into the database. For example, undelivered emails due to an incorrect address, and the invalid ones cleansed from the customer data. Repeat Data cleansing should not be a one- time process. Instead, it should be made a regular process to ensure that inaccurate data and updating of the customer database is clean. Communicate data cleansing Ensure your customers and colleagues are aware to enhance the data cleansing process. Customers will be able to get the required information to help run things in and out of the organization. ...read more

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A lot of graduates have massive student loans, with many spending their first years in the corporate world paying off the debt. Many take advantage of the six-month grace period after graduation to try and find a job, theUSA Todaysays. Once time is up, though, it’s time to start paying up.  However, there are several means students can resort to if they want to get their loans forgiven. If you’re wondering how you can do the same, read on for six effective ways to achieve the results you want.  Join the military Whether you’re joining the Army or the National guard, each one offers a student loan forgiveness program. The loan amounts will depend on your rank. This is one way to cut down the size of your debt, which is a good thing, especially if you’ve got a huge debt to pay off.  Look for Navient programs There are Navient student loan forgiveness that you can try. However, rushing into an agreement isn’t wise, not without seeing the big picture. You’ll want to consult with debt resolution lawyers. Getting legal help is the best way to explore your options if you want to pursue this avenue. Be prepared for your lawyer to assess your finances. Only after the assessment and investigation will your lawyer be in a position to think of the best legal course that you can take.  Enroll in repayment plan Federal student loan borrowers who don’t have the money to make payments can apply for an income-driven repayment plan, theHuffington Postsays. The repayment period typically lasts for about 20 to 25 years, though, depending on the plan you’ll get. You’ll need to think carefully about this option before you proceed.  Start a public service career If you are a public service employee, then you can apply for a Public Service Loan Forgiveness or PSLF. However, you need to have the right qualifications to work in specific fields. If that isn’t an option for you, then move on to the other choices on the list.  Get a disability discharge No one wants a disaster. But if this happens to you, then you’ll know that you can ask about the Total and Permanent Disability Discharge program. If you qualify, they can clear your debt. While this program is open to borrowers of federal student loans, it doesn't follow for all the programs. You need to consult with a lawyer to find out if you qualify.  Talk to a lawyer Your best bet in finding the right solution is to talk to an expert. Research thebest debt consolidation companiesin your area. What is the reputation of the firms on your list? How trustworthy are they? What kind of services do they offer? These are just a few of the things you can talk to when you make an appointment with an attorney.  Whether it’s about Navient student loan forgiveness or the best debt consolidation companies, an experienced lawyer can help you work out which options are ideal for you. ...read more