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Gail is responsible for Henderson Franklin's marketing efforts, including advertising, branding, business and client development initiatives, budget planning, events, newsletters, press releases, seminars and sponsorships. She incorporates social media into legal marketing initiatives and assisted in the launch of the firm's three blogs, Southwest Florida Employment Law Blog and The Legal Scoop on Southwest Florida Real Estate and The Florida Immigration Law Blog. Gail also guest blogs and speaks on the use of social media in professional services.

Guest post by: Richard Akin, Esquire

Whether you are a realtor, a contractor, a health care professional or a licensed professional of any kind, maintaining your professional license is vital to your livelihood. While each type of license has different requirements for initial licensure and continuing education, certain types of conduct will inevitably subject your license to discipline no matter your professional field.

You likely know the big/obvious violations to avoid, but often times it’s the smaller violations that can cause problems for the average professional. Continue Reading Five Ways to Endanger Your Professional License

As the laws change, we strive to share how they will affect our clients and readers of this blog. Thus, we are pleased to share the following guest post by Florida Bar Board Certified Wills, Trust and Estate Planning Attorney Eric Gurgold.

The Tax Cuts and Jobs Act does not repeal the Federal estate tax. Instead, the Act doubles the amount of wealth that is exempt from the estate tax. In 2018, the new estate tax exemption will be $11,200,000 per individual. A married couple may be able to shield $22,400,000 from Federal estate taxes. The exemption is indexed to increase each year with inflation. However, the changes to the exemption will sunset and revert to today’s numbers after 2025.

Given the high estate tax exemptions, it is possible that not enough estate taxes will be paid to justify retaining the Federal estate tax; and Congress may repeal it.

Would Repeal of the Estate Tax be Good for Your Bottom Line?

Continue Reading The Tax Cuts and Jobs Act Does Not Repeal the Federal Estate Tax!

Guest post by Beth T. Vogelsang, Esquire, Florida Bar Board Certified Divorce, Marital and Family Law Attorney

President Trump is expected to sign a sweeping tax overhaul into law this week. The final draft of the proposed tax bill was released by Congressional Republicans on Friday, December 15, 2017 at 5:30 p.m.  One important provision of the tax reform that divorce lawyers and certified divorce financial analysts have been carefully monitoring is the proposed repeal of the alimony deduction.

Under the current tax code, amounts paid to a spouse or a former spouse under a divorce or separation instrument (including a divorce decree, a separate maintenance decree, or a written separation agreement) may be alimony for federal tax purposes. Alimony is deductible by the payor spouse, and the recipient spouse must include it as income. The latest bill eliminates the tax deduction for payment of alimony.

The repeal of the alimony deduction applies to any divorce or separation instrument executed after December 31, 2018. The House bill would have eliminated these alimony deductions a year earlier, starting in 2018. This gives some breathing room to try to get pending cases finalized, but spouses going through a divorce case involving alimony claims must conclude their cases before the end of 2018 to take advantage of the current tax law. While this may seem like a windfall for recipients of alimony going forward, eliminating the deduction will result in lower alimony awards and it will decrease the cash flow available. This is because alimony payors are generally in a higher tax bracket than recipients; so the amount of the tax savings to payors deducting alimony payments above-the-line is higher than the tax liability of the recipient.

Although divorces concluded prior to the effective date are grandfathered in, and the repeal will not affect those already paying alimony, the new legislation may be applied to divorce decrees which are modified after December 31, 2018 even if the original decree was entered before December 31, 2018, if the modification agreement or order expressly states that the new rule applies. This appears to leaves it in a court’s discretion whether to make future modifications of alimony non-taxable and non-deductible. The landscape is plainly changing when it comes to alimony, with the result that there will be less money in the pot to divvy up.

About the Author

Beth T. Vogelsang handles family law matters in a confidential, compassionate and professional manner. She represents clients in complex divorces, including matters involving international and interstate child custody disputes, intricate business valuations, and identification and tracing of marital assets and income. She also drafts and litigates matters involving prenuptial and postnuptial agreements. Beth has been Board Certified in Marital and Family Law since 1992.

Beth has received much recognition for her work in the divorce and family law field. She has been included in Florida Super Lawyers magazine (2012-2017) and named one of the Top 50 Women Attorneys in the State in 2014 and 2015. Beth has also been included in Best Lawyers in America (2013-2017) and was named the “Fort Myers Family Law Lawyer of the Year” in 2015 and 2017.  She is also AV rated by Martindale Hubbell.


Guest post by Beth T. Vogelsang, Esquire, Florida Bar Board Certified Divorce, Marital and Family Law Attorney

On November 2, 2017, House Republicans released an income tax reform bill known as the “Tax Cuts and Jobs Act.” There has been much publicity about the bill’s proposed corporate tax cuts and the purported reduction and simplification of individual income tax rates. One provision of the 492-page bill, which has gone largely unnoticed, is the proposed repeal of the deductibility of alimony payments.

Current IRS Regulations on Alimony

Continue Reading Will Tax Reform Eradicate the Alimony Tax Deduction?

Hands Holding Digital Tablet Database Hacked

Guest post by John Miller, Esquire, Stockholder in Henderson Franklin’s Tort & Insurance Litigation Group

Regardless of the economic or political climate, there never seems to be a decline in tort lawsuits. Be it personal injury claims, employment suits, or professional liability cases, 2017 promises to be another busy year for insurance defense litigators.

Data Security – Data Breaches

Continue Reading Tort Trends for 2017: Protect Yourself in the New Year

Guest post by Bonita Springs Trust and Probate Litigation Attorney Richard Mancini:

As Clarence famously said in “It’s A Wonderful Life”:

Strange, isn’t it? Each man’s life touches so many other lives. When he isn’t around he leaves an awful hole, doesn’t he?”

Many plan for the time when their time on earth is over and plan to distribute their wealth to family and friends. Unfortunately, sometimes the plans aren’t clear or the plans forget an important aspect, which leads to fights and litigation after their passing. As we reflect back on 2016 and look to the future, it is critical to have a complete estate plan, but not just any plan.

Continue Reading Reflecting on Trust and Probate Law with Richard Mancini

tax flickr 401k 2012Guest post by Eric Gurgold, Florida Bar Board Certified Wills, Trust & Estate Expert

The IRS has just published proposed new regulations under Section 2704 of the Internal Revenue Code that could significantly impact planning for estates that may be subject to estate tax.  If finalized, the proposed regulations would change how transfers of business interests to family members are valued by eliminating certain discounts, disregarding restrictions in transfer agreements and adding attribution rules for family members.  The proposed regulations will not apply to transfers to non-family members.

A public hearing on these proposed regulations has been scheduled for December 1, 2016.  If adopted, the regulations will become final.  A short window of opportunity exists to complete transfers of business interests to family members under the current rules.

If you would like to discuss the impact of the proposed regulations on your estate planning, contact any of our wills, trusts and estates attorneys at 239-344-1100 or by email to

About the Author:

Gurgold - blogEric Gurgold currently serves as Chair of the Estate Planning and Administration division and is Board Certified in Wills, Trusts & Estates by The Florida Bar. For over twenty-five years, Eric has concentrated his law practice in the areas of estate planning and administration, elder law, probate litigation, title insurance claims related to probate issues, business law and taxation. He assists clients in the preparation of wills, trusts, family limited partnerships, inventories, inheritance and estate tax returns, as well as providing counsel to minimize income and estate taxes.

Tax photo courtesy of 401(K) 2012 under Flickr Creative Commons License

Guest post by Henderson Franklin Attorneys Suzanne Boy and Carlos Kelly

iStock_000015122897XSmallThese are important questions, and like many questions involving the law, the answer is “It depends.” There are pros and cons to both arbitration and a traditional lawsuit in court. Arbitration can be (but is not always) faster. But faster doesn’t necessarily mean cheaper all the way around.

Is faster better?

For example, the filing and arbitrator fees can be significantly higher (at least double) than filing fees for many civil lawsuits. And, if arbitration is quicker than resolving a dispute in the court system, that may not necessarily translate to significantly smaller legal fees. Instead, a similar amount of work (discovery, pre-trial motions, and exchanging exhibits, for example) could take place in a shorter amount of time.

Arbitration can be useful if you have a dispute that you want to keep out of the public eye, though a noisy party on the other side of the case could still bring media or social media attention.

Proceeding through the court system can be (but is not always) slower than resolving a dispute through arbitration.

Can you appeal the decision?

Continue Reading Business Owners: Should You Arbitrate or Should You Litigate in Court?

10-12-2015 3-48-06 PMWhether you have 10 or 10,000 employees, running a business can be a challenge. Making decisions based on strategic reasoning is critical to the success and longevity of any company. How can members of the c-suite, as well as the small business owner, gain helpful insight into the boardroom and, at the same time, try and avoid the courtroom?

We cordially invite you and your top-level managers to join members of Henderson Franklin’s legal team on Tuesday, November 17, 2015 as they present the Southwest Florida C-Suite Summit at Sanibel Harbour Marriott Resort & Spa. Topics and speakers include:

The Recipe for Business Longevity presented by Attorneys Guy Whitesman (Chair, Business and Tax Department), Eric Gurgold (Chair, Estate Planning and Administration Department) and Mark Nieds (Intellectual Property Group). They will outline proven techniques and best practices to preserve, protect, and perpetuate your business. One size does not fit all. The panel will explore avenues to successful business perpetuation, liquidity events and the preservation of wealth.

The Comeback Kid: Southwest Florida’s Ongoing Economic Recovery. Attorneys Denis Noah (Chairman of the Horizon Council) and Russell Schropp (Horizon Council Task Force Chair) will provide a look at the state of Southwest Florida’s economic recovery – from a lawyer’s perspective! Continue Reading Registration is Open — Southwest Florida C-Suite Summit