The Law Offices of Carolyn S. Margolies, PA

12/23/2022

As many of you know I've always been a trial lawyer in civil and criminal court. In October I started an Immigration Law practice. As a U.S. Immigration attorney I can represent anyone in any state from any country because immigration is solely under Federal Jurisdiction.

While I can still be retained by clients in New York and Florida for all non-immigration work (personal injury, criminal defense, trusts, wills, estate planning and probate etc.) I am able to help immigrants no matter what state they're from or what the reasons are.

What I do:. Naturalization, family reunification, citizenship via marriage, business and education visas, helping employers recruit workers in specialized fields, representing refugees and those seeking asylum, and deportation defense.

I have met so many immigrants with amazing stories - brave people seeking asylum from dangerous life-threatening conditions in their home countries.

In Central American worsening crime and violence fuelled by drug cartels and gangs, have
caused the number of refugees and asylum seekers to drastically rise in the last five years. Still, most refugees come from Syria, Venezuela, South Sudan, Afghanistan and Mynmar. (Now we are seeing many people coming from Ukraine).

Political conflict, violence, denial of human rights, gross inequality, lack of food, clean water, sanitation and rampant disease, cause many to die especially children who make up 40% of all refugees.

Many refugees and asylum seekers are those from LBGTQ communities who come from countries where homosexuality is illegal and carries serious punishment. These people flee to save their lives. The criminalization of LBGTQ identification exists in over 75 countries: 22 countries in Asia, 40 countries in Africa, 7 Caribbean countries - including Jamaica - and 7 countries in the Pacific Islands.

In 11 of these countries LGBTQ activity is subject to the death penalty.

Ironically, in many of these countries the Church is responsible for the conditions that exist.

Please encourage anyone who may need legal assistance navigating what can be an overwhelming system - to call me. I want to help.

Graduated Benjamin N. Cardozo School of Law Highest Honors - Trial Lawyer
U. S. immigration Attorney

08/30/2021

And much harder for your defense attorney!

03/01/2021

Dear Friends and Clients - I am happy to announce the opening and expansion of my law offices to 9800 4th Street N Suite 200
St. Petersburg, Fl 33702
And
299 Broadway 17th Floor
NY, NY 10007

In addition to my usual areas of practice, I can assist you should you have events which occur in one state when you reside in another - for example a car accident in Florida when your residence is in NY.

I can always be reached at 727 207 - 0956.
Thank you for your continued business.

03/09/2019

Feb 8, 2019 - West Pasco, Civil Circuit - Won jury verdict on all five counts after a 4 year litigation battle. Clients ecstatic!

11/17/2018

https://www.abcactionnews.com/news/region-north-pinellas/tarpon-springs/homeowner-fighting-association-to-continue-flying-rainbow-flag

A homeowner says he’s not backing down after his condo association put new rules in place that don’t allow his gay pride flag to fly.

11/17/2018

Are you a condo owner being bullied by an HOA?
I can help.

https://www.abcactionnews.com/news/region-north-pinellas/tarpon-springs/homeowner-fighting-association-to-continue-flying-rainbow-flag

10/06/2018

It doesn't always mean "just call the insurance company" ......
I received a call this week from a father with a 14 year old boy who used a friend's ATV, ran off the dirt road, and plowed into the neighbor's fence. Boy - minor injuries; Fence - not so great.

Many people don't realize that parents can be held legally liable for the acts of their minor children (under 18). Though the specifics vary, almost every state has enacted some version of this kind of law, and it usually applies to intentional acts committed by the child. In some states, parents can also be liable for accidents caused by their children.

While it may appear to be unfair for a parent to be held responsible for the acts of a child, state legislatures have decided that an innocent victim should not bear the financial burden of property damage or medical expenses that results from some other person's wrongdoing.

The reasoning behind such laws is that parents have a legal duty to take reasonable steps to supervise their minor children, and if they fail to fulfill that obligation, and the child ends up causing harm to another person or to property, the parent is legally (usually that means financially) responsible.

07/13/2018

Thanks to your trust and confidence, I will be opening a second office in St. Pete Beach!

07/02/2018

What is a Ladybird Deed?
In my estate work, I try to help people designate their assets in ways that will help beneficiaries avoid probate (the need to retain a lawyer, pay filing fees and petition the court for distribution of assets after someone dies).
It's simple to pre-designate life insurance policies, portfolio accounts and bank accounts but people are often uncertain about what to do with real property (land, houses, condos).

A Ladybird Deed, (also called an enhanced life estate deed) is a special form of warranty deed that gives the property owner continued control over the property during his or her lifetime.

The owners can sell the property, improve it, borrow against it and live there rent free for their lifetimes. Once the owner dies, the property is automatically transferred to the new owners (usually the grantors' children or grandchildren) without the need for probate. Usually the owners pay the taxes and home insurance while they live there but this can also be the responsibility of the future beneficiaries.

Only 15 states permit these types of property transfers. Florida is one of them.

What's the down side? There is none.

It's super easy. There's minimal legal fees and $18.00 to file it with the clerk.

06/21/2018

This is my pooch Penny Sue. Friday she was found Guilty - Lewd behavior. Felony 2.

04/26/2018

My office is frequently contacted trust beneficiaries who have never received a trust inventory or an accounting. It is important for all trust beneficiaries to be aware of the fiduciary duties the Trustee of the trust. Often, the trust beneficiaries place faith and trust in the Trustee to administer the Trust in accordance with the law and what is morally correct. They are surprised to find that the Trustee of a Trust has specific fiduciary duties to all of the beneficiaries of the trust, which include, but are not limited to the following:

1) Under Florida law, a trustee has a duty to administer the trust in good faith, in accordance with the terms and purposes of the trust, and in the interests of the beneficiaries pursuant to Fla. Stat. § 736.0801.
2) The Trustee owes the trust beneficiaries a duty of loyalty to administer the Trust “solely in the interests of the beneficiaries” pursuant to Fla. Stat. § 736.0802.
3) The Trustee owes the trust beneficiaries a duty to “act impartially in administering the trust property, giving due regard to the beneficiaries’ respective interests” pursuant to Fla. Stat. § 736.0803.
4) Under Florida law, a trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements and other circumstances of the trust, and shall exercise reasonable care, skill and caution. Fla. Stat. § 736.0804.
5) Under Fla. Stat. §736.0809, the trustee should take reasonable steps to protect the trust property and assets.
6) Under Fla. Stat. § 736.0806, a trustee who has special skills or expertise, or is named trustee in reliance on the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise.
7) The Trustee owes a duty to keep the beneficiaries of the trust reasonably informed about all monies, funds, assets and personal property that came into his possession as Trustee, and which were distributed, as well as to account for all assets, income, expenses, gains or losses of the Trust pursuant to Fla. Stat. §§ 736.0810, 736.0813 and 736.08135.
8) The Trustee has a duty to provide the trust beneficiaries with relevant information about the assets and liabilities of the Trust and the particulars relating to the administration of the Trust pursuant to Fla. Stat. § 736.0813(1)(e ).
9) The Trustee has a duty to enforce claims, to defend actions, to preserve Trust property, and to exercise reasonable care and skill in administration of the Trust pursuant to Fla. Stat. §§ 736.0811 and 736.0816.
10) The Trustee has a duty to take reasonable steps to take control of and protect the trust property pursuant to Fla. Stat. § 736.0809.
11) The Trustee has a duty to inform each of the trust beneficiaries and account for the assets and liabilities of the trust and for the particulars relating to the trust administration in a trust accounting at least on an annual basis and on the termination of the trust or on change of the Trustee pursuant to Fla. Stat. §§ 736.0813 and 736.08135.

If you are a trustee who would like advice about serving as trustee or a beneficiary concerned about a trustee’s duties to you, please do not hesitate to call me for a free consultation.