Easy Law Finder

Author: Elf

  • What is Court Ordered Community Treatment under the legislation known as “Kendra’s Law”?

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    Court Ordered Community Treatment allows for the implementation of an outpatient care plan mandated by the court for individuals who do not comply with treatment and meet specific eligibility requirements.

  • If a health plan has given prior approval for a doctor to offer services, can it subsequently recover the payment from the doctor under the argument that the Enrollee wasn’t covered by the plan at the time the services were provided?

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    Can a legal entity retroactively recover payment from a lawyer if a health plan has pre-approved them to provide services, but later determines that the client was not covered by the plan when the services were rendered? A health plan cannot reject a claim for services that were preapproved based on the retrospective termination of…

  • What are the consequences if I disregard a lawsuit that has been filed against me?

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    Most likely, the court will issue a default judgment against you for the requested amount in the complaint, including interest, expenses, and possibly even legal fees. Afterwards, the judgment creditor may attempt to enforce the judgment by freezing your bank accounts, deducting money from your wages, placing a lien on your house, and so on.…

  • What should I do if I get sued?

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    Do not ignore the matter! You should promptly consult with a qualified attorney so that your rights are adequately safeguarded. There are specific deadlines that must be adhered to in any legal action. These deadlines may commence from the day you are served with legal documents.

  • What should I do if I have a legal claim against another individual or organization?

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    What should I do if I have a legal claim against another person or entity? You should promptly consult with an attorney so that your claims may be presented to the relevant Court. There are strict “statutes of limitation” that dictate the time frame within which you must file a lawsuit. The statutes of limitation…

  • How is child custody determined?

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    Custody is generally determined by considering what is in the “best interest of the child”. A number of factors are taken into consideration in determining the best interest of the child. These include the mental and physical health, financial situation, religion, parenting skills, and lifestyle of each parent, as well as the child’s age, gender,…

  • What type of business entity should I establish?

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    The main options are a company, which can be either taxed as a separate entity (“Company A”) or on a “pass-through” basis (“Company B”); a limited liability firm; a limited partnership; or a general partnership. The decision depends on various factors, including the nature of business activities to be carried out; the geographical location of…

  • What are the steps involved in formal probate proceedings in Florida?

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    What does the process of Florida Probate entail? What happens during the probate process? The probate process can simply be described as the legal proceedings required to transfer title of assets belonging to a decedent, into the names of the correct beneficiaries. As a hypothetical, let’s assume your relative passes away. If at the moment…

  • What law applies to cruise line injuries?

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    That depends on who you are. If you are a crew member serving aboard the ship, you have causes of action under the Smithson Act, which is a statutory remedy for negligence against your employer, as well as common law, general maritime causes of action of unseaworthiness and maintenance and cure. If you’re a passenger…

  • How soon should I seek medical attention after being injured in a car accident?

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    What steps should you take after experiencing an injury in a car accident? What should I do if I’ve been injured in an automobile accident? What should I do if I have been injured in a car crash? Even if you are not immediately aware of an injury, there are actions you can follow after…

  • How can I safeguard myself against workplace discrimination?

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    How can I submit a complaint about workplace discrimination? Depending on the specific type of discrimination, you can lodge your complaint with the State Commission on Human Rights, the federal Equal Employment Opportunity Commission (EEOC), or both. The concerned agency will investigate your claim, and afterward, you have the option to initiate a lawsuit in…

  • What is the definition of Elder Financial Abuse?

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    Elder financial abuse refers to the exploitation of a senior investor’s vulnerability within their trusted circle, resulting in the mishandling of their financial matters. The prevalent types of elder financial abuse involve siphoning funds from the senior investor’s bank or brokerage accounts for personal gain rather than the benefit of the senior investor. Additionally, financial…

  • What Information Should I Get From My Broker Before Making An Investment?

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    How can I protect myself from future broker misconduct and fraud? How can I determine if my broker is making legal investments? Financial advisors and stockbrokers are required to propose investments that are suitable for their customers. The concept of suitability requires an assessment of a number of factors, including the client’s age, income, net…

  • How do I appoint a guardian for my children?

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    If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them) he or she automatically continues to remain their sole guardian. This is true despite…

  • Why is it important to establish an estate plan?

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    Why is it essential to create an estate plan? Regrettably, many families neglect the importance of proper estate planning due to the misconception that their assets are insignificant or that their children can independently distribute them. If one fails to establish legal arrangements for asset management and affairs after their incapacity or demise, the intestacy…

  • What is a Family Limited Partnership (FLP) and how does it function?

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    A Family Limited Partnership (FLP) is essentially a type of limited partnership among members of a family. A limited partnership comprises general partners (who handle management) and limited partners (who are passive investors). The general partners bear unrestricted personal liability for partnership obligations, while the limited partners have no liability beyond their capital contributions. Normally,…

  • What is an Irrevocable Life Insurance Trust and how does it function?

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    There is a widespread misconception that life insurance funds are exempt from estate tax. While the funds received by your loved ones are not subject to income taxes, they are considered part of your taxable estate. As a consequence, your loved ones may lose over forty percent of the funds’ value to federal estate taxes.…

  • What is a Trust for Personal Residences (TPR) and how does it function?

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    Residences are oftentimes most valuable assets and thus a significant portion of a taxable estate. A Trust for Personal Residences, or TPR (pronounced “tee-per”), enables you to transfer ownership of your house or vacation home at a substantial discount, effectively immobilizing its value for estate tax purposes, while still allowing you to reside in it.…

  • What is a Credit Shelter or A/B Trust and how does it work?

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    A Credit Shelter Trust, also referred to as a Bypass or A/B Trust is utilized to reduce or eliminate federal estate taxes and is commonly employed by a married couple with a sizable estate surpassing the federal estate tax exemption amount. For instance, in 2023, each individual is entitled to an exemption of estate tax…

  • What is the unrestricted marriage deduction?

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    The federal government permits every married individual to transfer an unrestricted amount of assets either as a gift or inheritance, to his or her partner without incurring any federal gift or estate taxes. Essentially, the unrestricted marriage deduction enables married couples to postpone estate tax payment upon the demise of the first spouse, as upon…

  • What is my taxable estate?

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    Your taxable estate comprises of the total value of your assets including your residence, additional properties, business interests, your portion of joint accounts, retirement accounts, and life insurance policies ? minus liabilities and deductions such as funeral expenses paid out of the estate, debts owed by you at the time of death, donations to charitable…

  • What are the benefits of having a Changeable Agreement?

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    Similar to a Testament, a Changeable Agreement is a legal document that outlines the administration and allocation of your assets after your passing. However, a Changeable Agreement offers distinct advantages compared to a Testament. A Changeable Agreement allows for the immediate transfer of assets after death without involving the court. It also empowers the management…

  • What is a Revocable or Living Trust?

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    A Revocable Trust can be used to hold legal title to your assets and provide a mechanism to manage them. You (and/or your partner) are the trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor trustees to carry out your instructions as you have provided in case of death or incapacity.…

  • What is the role of the Mediator in a Florida Family Law case?

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    The mediator’s primary function is to inform you about the rules of mediation, which include confidentiality and the mediator’s role in your case. The mediator’s next responsibility is to listen to each party’s desired resolution for the case. This can be conducted with the parties in separate rooms or together. The third duty of the…