Dellutri Law Group - July 2022

Dellutri Law Group - July 2022

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JULY 2022

Growing Together with You

THE GRASS OVER THERE ISN’T GREENER, I PROMISE! Why I’m Proud to Be an American

Almost exactly 30 years ago, in 1993, I was standing on the White Cliffs of Dover in southeast England. I’d made the trip with a couple of buddies who were in my same law school summer in London. On a free weekend, we took the train all the way from the city out to see the cliffs. The view was incredible, but that’s not why this memory sticks with me. I’ll never forget it because while we were standing there looking out over the water, one of the other guys turned to me and said, “You’re from the states, right?” “Yes, I am!” I told him. “I’m from New Jersey originally, but I was living in Florida until I went to law school in New Orleans, Louisiana.” “Wow!” he said in his British accent. “I’m from here in England, but I just love the United States. It’s the most beautiful country I’ve ever visited. You have mountains and beaches, swamps and deserts, big cities and small towns. I’ve traveled all over the country from North Dakota to Texas, California to New York — and even though I’ve been all over the world, America is the most exciting, gorgeous place I’ve ever been. Everything you could ever want is right there.”

I already loved my country back then in my early 20s. But I’ll never forget the feeling of pride that swelled up in my chest that day. This guy had traveled across the globe and not only did he not hate Americans, but after touring our nation, he thought I came from the most beautiful country in the world! Since then, I’ve had several more experiences like this in other countries. Once in Italy, my wife and I ducked into a little hole-in- the-wall pizzeria. The owner lit up when he realized we were American! He spent the whole meal practicing his English with us and fed us like stuffed pigs. Then, he wouldn’t let me pay! “No charge for Americans here,” he said. Of course, I still left money on the table before we walked out. These days, patriotic songs like “The Star- Spangled Banner” have rocked me to my core and brought me right back to those moments. I’m thinking about them this month because it’s almost the Fourth of July, and I think on the Fourth, we should all try to remember what being an American is really about. Sure, sometimes our country isn’t perfect. Right now, we’re all dealing with higher food prices, higher gas prices, and higher prices on pretty much everything! While we

do have a lot to complain about right now, we do have a lot to be grateful for when it comes to where we live. Do me a favor: When you look at the American flag at this Fourth of July barbecue, take a leaf out of my British friend’s book and think about how wonderful our country is. Yes, times may get tough and we may have to tighten our belts on occasion, but when you think about it, it’s such a privilege to live in the United States. We’ve had a lot of problems in our roughly 250-year history as a nation. But those problems have brought us together and, as we’ve solved them, made us stronger. The grass isn’t greener on the other side of the world no matter what you hear on the news. You have everything you need right here. I keep those memories from Dover and Italy close because I never want to take this country for granted. This Fourth of July, you can find me wearing my favorite American flag shirt in front of the barbecue grill. I’ll be surrounded by friends and family, thinking, “Damn, I’m lucky to be an American!”

–Carmen Dellutri

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BOATING ACCIDENT? HERE ARE SOME RULES TO KNOW

These rules of the water include:

Did you know that Florida has 2,000 marinas, 1,700 miles of rivers, more than 3 million acres of lakes and 8,000 miles of coastline? Florida is a boater’s paradise. Unfortunately, Florida is also well-known for boating accidents. For good reason too! We live in Florida — enough said there, right? Many of our own attorneys are native Floridians who grew up boating and navigating our state’s waterways. And, sadly, because they have seen so many people in their own communities hurt and sometimes killed by careless boat operators, they are now dedicated legal advocates for those suffering personal injuries by negligent boaters. Boating Rules You Should Know About Boaters have a number of obligations on the water. Much like on land, there are certain “rules of the water” that must be followed when passing or crossing paths with another vessel.

Maintaining a safe speed — Except where speed is restricted by regulation or the waterway is marked by a “no wake” or “slow speed” zone, you must judge “safe speed” for yourself, taking into account visibility, vessel traffic, your boat’s ability to maneuver, and the weather conditions. Avoiding a collision — Easy, right? Not always, especially when there are boat operators out there not playing by the same set of rules as everyone else. Inexperience is not an excuse. NO DRINKING — A day out on the lake goes hand in hand with drinking, right? Think again. While boating and drinking seems pretty common, it’s neither a good idea nor is it legal. Not only could you seriously injure yourself or someone else, you could

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also be arrested for boating while intoxicated and face serious penalties, including fines or even jail time. There are also numerous other safety tips, especially if you are boating with children or tubing on the water. Check out our blogs on boating to learn more about how you can stay safe and protect others.

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Last month we had ... • 45 referrals from friends, family, or previous clients • 29 returning clients for a new matter • 11 referrals from other attorneys • 7 referrals from other professionals in town • We sent out 112 referrals to our trusted referral partners A Huge Thank-You to Our Referral Partners!

Testimonial Our Clients Say It Best

“Just want to say THANK YOU to Carmen Dellutri and his team of top-notch lawyers and support staff. They handled our case in a very professional and understanding manner. They treated us like family. I especially want to thank attorney David Lampley, Miss Ronnie, and their team for all their help and understanding. We would HIGHLY recommend this law firm for all your legal needs!” –C.B.

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Spotlight on Lori’s DLG Passion Project Lori was born and raised in Indiana and just recently decided to take the leap of faith with her husband and move to beautiful Southwest Florida. Lori said, “My husband and I love spending time at the beach and finding new restaurants, and we look forward to our children and grandchildren visiting us here!” Obviously passionate about our beautiful state, Lori has chosen a Florida-based organization called Save the Manatee Club for her Dellutri Law Group Passion Project. It was founded in 1981 by singer/ songwriter Jimmy Buffett and former U.S. Sen. Bob Graham. As a new Florida resident, Lori loves our natural environment and unique wildlife. As Florida’s official state marine mammal, the manatee population has been steadily declining.

Mouthwatering Southern BBQ Inspired by JustAPinch.com

Summer isn’t complete without some Southern BBQ!

INGREDIENTS

Currently, they are listed as “threatened” by the U.S. Fish and Wildlife Service and the FWC. Their mission is to protect the manatees and their aquatic habitat for future generations. To learn more about Save the Manatees Club, please visit SaveTheManatee.org.

• 3 lbs boneless pork loin roast, trimmed • 1 cup water • 1/2 tsp salt • 1 tbsp pepper • 1/4 cup brown sugar

• 18 oz barbecue sauce • 2 tbsp Worcestershire sauce • 1 tbsp hot pepper sauce • 10 hamburger buns, split • Deli coleslaw (optional)

DIRECTIONS

1. In a 4-quart slow cooker, add the roast and 1 cup of water. 2. Cover and cook the roast on high for 7 hours or until tender. 3. Once tender, shred the meat. 4. Return the shredded meat to the slow cooker. Stir in salt, pepper, brown sugar, barbecue sauce, Worcestershire, and hot pepper sauce. 5. Cover and cook on the lowest setting for an hour. 6. When finished, serve barbecue on buns with coleslaw (optional). What’s the Good News ? “But those who hope in the LORD will renew their strength. They will soar on wings like eagles; they will run and not grow weary, they will walk and not be faint.” ISAIAH 40:31

South Trail Tire & Auto Repair SERVING SWFL SINCE 1984

If you have lived in SWFL for a while, then there is a good chance you know the name South Trail Tire & Auto Repair. Since 1984, John Zadrovitz (or Jay Z as most of us call him) and his team have provided motorists in SWFL with comprehensive auto repair services. This year is a big deal for Jay Z! It not only marks the shop being open for 38 years, but it’s also his 15th anniversary of owning it. Congratulations, John! If you are looking for a reputable tire and auto repair shop, South Trail is definitely the place for you. Not only are they responsive, helpful, and reasonable, but they are funny, too! Just check out their new ad below. You can call his shop to schedule an appointment at 239-433-4241 or visit his website at SouthTrailTire.com.

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1436 Royal Palm Square Blvd. Fort Myers, FL 33919

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Inside This Issue

1 5 Minutes That Changed Carmen’s Life 2 3 Basic Boating Rules Everyone Should Know 2 Testimonial 3 Spotlight on Lori 3 Check Out South Trail Tire & Auto Repair 3 Mouthwatering Southern BBQ 4 Having a Mortgage Burning Party!

CONGRATULATIONS TO MARK MARTELLA!

In 2008, attorney Mark Martella was part of the Charlotte County Chamber’s Leadership Charlotte Class of 2008. As part of the program, the class spends a day visiting community nonprofits. That is when he was introduced to The Charlotte County Homeless Coalition. He was so moved by its programs and their impact on the community that he casually mentioned to one of his classmates that if there was ever an opening on the board, he would be interested in joining. Coincidently, a board seat just happened to open up a week later, and Mark has been involved with the Homeless Coalition ever since then. Mark served on the board for 10 years, served two years as president, and is currently an emeritus member of the board. With that being said, Mark and The Charlotte County Homeless Coalition had a HUGE win by paying off their mortgage!

What does one do when they pay off a mortgage? Host a mortgage burning party, of course!

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Picture above from the Charlotte Sun

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HOW NOT TO LOSE YOUR CHILDREN’S INHERITANCE TO THE GOVERNMENT AND CREDITORS

There is one simple question parents can ask their children to protect the inheritance they plan on leaving their kids that most never ask. But, before I share the question, I first want to share a story to illustrate my point. While this story is heartbreaking, unfortunately, it is also a situation I have seen over and over in my career in similar forms due to parents not asking this simple question. In the 1990s, Wendi LaBorde took out student loans that totaled about $75,000. Wendy was unable to make her payments, and in 2010, a judgment was entered against her for $395,000 in favor of the Department of Education for those loans. Then Wendi’s mom passed away in 2014 and left Wendi a life insurance policy worth $485,000. I’m assuming on the advice of legal counsel, Wendi created a trust for those funds and purchased a home in California she lived in, but the trust named her daughter, who lived in Arkansas, as the beneficiary. Well, I think you can already guess how this story ends. The government brought an action to collect on its judgment claiming that the transfer of the funds to the trust was a “fraudulent transfer” and that the California house should be taken out of the trust and put into Wendi’s name. The court agreed, the property was put into Wendi’s name, then the government’s judgment lien of $485,000 attached to Wendi’s house! Next, the government foreclosed on its judgment, and Wendi lost her mom’s inheritance.

While some of you reading this may think that justice has been served since people should pay off their debts, and Wendi shouldn’t be allowed to get away with avoiding her debts (that may be debatable and is beyond the scope of this article), what is not debatable is the fact that her mother should not be responsible for paying off Wendi’s student loans! Unfortunately, due to Wendi’s mom not asking this one question, her mom’s efforts in paying a life insurance premium for years did not serve her mom’s intended purpose. Having practices in the areas of estate planning, bankruptcy, and real estate over the last 33 years, I wish I could say this is an unusual story, but it is not. Also, I dare say that if an attorney does not have the unique experience I do, especially in the areas of bankruptcy AND estate planning, they may not even be aware of this key question to ask. So, here is the simple question to ask your children when putting together your estate plan: “Do you owe any large sums of money to any creditors?” [When I use the term “creditors,” I mean including, but not limited to, credit cards, medical bills, federal and state taxes, judgments and student loans.] While you might be thinking: “Well, I could never have that conversation with my kids. It would be too embarrassing or they might not tell me the truth,” it is my hope that by sharing Wendi’s story with you, you will realize that a little embarrassment could be the best- case scenario to avoid having your

lifetime of hard work you intended to leave as a legacy to your children wind up going to Visa, MasterCard, an ex-spouse, or the government. Here are some of the legal reasons this is an important subject to raise with your kids: 1. Except in very rare circumstances, student loans are not dischargeable in bankruptcy. 2. Taxes are also difficult to discharge in bankruptcy. 3. If your child is contemplating bankruptcy and you pass away and leave them an inheritance, it may prevent them from filing because even if they have not received the inheritance funds date of your passing. (So, every bankruptcy client is always asked if they expect to inherit anything so we can make them broach the subject with their parents about changing their estate plan.) prior to filing, the funds are considered theirs as of the 4. If they should file bankruptcy and you pass away within six months AFTER they filed, the inheritance you leave would become property of the trustee and distributed to their creditors. As I stated above, I have seen this scenario play out too many times over my career not to advise that it

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shelter, and that such decisions were up to the sole discretion of the trustee. Wendi’s mom could then have named her granddaughter as the successor trustee after her passing, and the granddaughter could have purchased the home in California in the name of the trust and rented the property to Wendi charging a rent to cover the cost of taxes and insurance. Then upon Wendi’s passing, the trust funds could be left to the granddaughter. Under this scenario, there is no fraudulent transfer to Wendi because Wendi never received the life insurance proceeds. As stated earlier, in my bankruptcy practice, I have seen too many instances of creditors receiving inheritances rather than the intended beneficiaries. Keep in mind, too, it does not just involve parents and children; sometimes, it comes from an aunt, uncle, or friend where the debtor in bankruptcy never expected to receive funds and, unfortunately,

once somebody dies, it’s too late, and the funds have to be turned over to the trustee. Other times, when I asked if they anticipate receiving an inheritance, they will say: “Yes, my dad just passed and I inherited his paid-for house,” and then I have to tell them they are not filing for bankruptcy. Unfortunately, while a person’s homestead is protected from creditors in Florida even after they die, it IS NOT protected from the creditors of heirs or beneficiaries. As you can see, the simple question to your children: “Do you owe any large sums of money to any creditors?” can ensure your wishes are carried out when you are gone. Knowing your children’s financial situation will avoid their suffering from the guilt of losing your hard- earned funds, which were meant for them, to their creditors. –Mark Martella, Esq.

is a conversation you must have with your children over a cup of coffee. As difficult as the conversation could be, I’m confident if you share Wendi’s story with them, they will understand. And if all else fails, blame me for telling you to ask! So, what do you do if your child tells you they do have significant debts? Do you disinherit them? Leave their share to charity? While those are certainly options, they are probably not what you want to do. Let’s use Wendi’s case as an example of what her mother could have done. Wendi’s mom could have created a trust and named the trust as the beneficiary of the life insurance policy. The trust could then have provided for a spendthrift provision stating that Wendi could not receive any of the proceeds, but that the trust funds could be used for her care including

Coalition Corner: Burning of the Mortgage!

While serving as president of the Homeless Coalition located in Charlotte County (the “Coalition”), it was frustrating knowing we were paying over $6,500 a month toward a mortgage that, back in 2012, was over $860,000. I knew if we could retire the mortgage, that would give us over $75,000 a year we could use to benefit our clients and help prevent hunger and homelessness in our community. In trying to figure out a way to pay off the mortgage, I came up with the “87 Freedom Club.” The idea was if we could get 860 people to donate just $87 a month for one year, we could pay off the mortgage. Well, we didn’t reach that goal in a year, but over time, we had 190 members who donated for multiple years. Fortunately, the Pat Moran Foundation heard about our efforts and began donating $20,000 a year for multiple years to pay down the principal. Then,

when the mortgage balance was about $435,000, they challenged the Coalition and said they would make a $200,000 donation if we could raise the matching funds. As result of the efforts of the executive director, Tina Figlioulo, and her fabulous team, they reached out and, in less than year, raised the matching funds. The mortgage was paid in full in October 2021. Due to COVID-19 restrictions, we were not able to get together to have a formal mortgage-burning ceremony until May of this year. But at that time, Tina and I had the pleasure of lighting up the mortgage surrounded by Board members, team members, and supporters. It was the most fun I ever had involving a mortgage! For more information about the Coalition and to learn about ways you can donate or volunteer, please visit their website at CCHomelessCoalition.org. –Mark Martella, Esq.