Author: Elf
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What occurs if a case challenging a will leads to the will being pronounced illegitimate or null?
If a will is deemed illegitimate or null, then there are two potential outcomes. Firstly, the estate can be distributed in accordance with the laws of intestacy. Secondly, if the deceased had previous estate planning documents, there is a chance that those earlier estate planning documents will be reinstated if the Doctrine of Dependent Relative…
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What happens to my estate planning documents if I relocate?
The estate planning documents are intended to be applicable in any state where you reside. However, if you decide to move to another state, it is strongly advised that you consult with a lawyer in that area who can provide you with recommendations on any necessary modifications.
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What is the distinction between a custodian of the individual and a custodian of the assets?
A custodian for the individual possess the power to determine the physical welfare of the ward. This encompasses their place of residence and particular aspects of their medical treatment. It is also comparable to a healthcare representative concerning advanced directives. Regarding the custodian for the assets, that individual is responsible for managing the ward’s financial…
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When can I contest a will?
A will can be contested only after the individual who wrote it passes away. If you receive a copy of the Petition for Administration by formal notice, then you have twenty days from the date of receipt to appear in court and contest it. If you receive a copy of the Notice of Administration by…
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What is a life insurance trust?
A life insurance trust is a type of irrevocable trust created by John Smith and intended to own a life insurance policy on his life. The advantage of the life insurance trust is that the life insurance policy will not be considered part of John Smith’s estate, and the proceeds from the policy can be…
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How do I challenge a trust?
To challenge a trust, you must submit a complaint in civil-circuit court. Unlike probate proceedings where the estate is automatically being administered, trust proceedings are private proceedings in which there is no court proceeding pending unless one if filed. Therefore, in order to initiate a trust contest, you will be required to file a lawsuit…
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What impact does a later marriage, divorce, or child have on a will?
If an individual who created a will later gets married or has a child, then the new spouse or child would be classified as a pretermitted spouse or child. As a result, they would have the right to receive a portion of the deceased person’s estate as determined by intestacy laws. Regarding a divorce that…
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What is the cost of estate planning?
The cost of planning your estate can vary depending on individual circumstances. Each family dynamic, set of assets, and objectives differ. If you would like to discuss your estate plan, I am available for a complimentary consultation. At the conclusion of our meeting, I will provide you with a fixed rate for managing your estate…
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What are the tax implications of a business registered as a subchapter S corporation versus an LLC?
With the sub-chapter S enterprise, all income from the company goes through the shareholders. The shareholders report all items of income, deduction and credit. With an LLC, there’s a lot more flexibility. A single member LLC can be a disregarded entity for federal income tax purposes. In addition, if it’s a multi-member LLC, it can…
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What are the indicators of improper control?
Indicators of improper control include someone having a close personal relationship with the individual, being a significant beneficiary under the person’s inheritance plan, and above all being involved in obtaining the inheritance documentation. Active obtaining can involve choosing the legal firm to draft the inheritance documents, arranging the appointment for the drafting and signing of…
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What benefits does a trust offer?
There are so many different types of trusts. There’s Trust A, there’s Trust B. It depends on the purpose for which you want to set up the trust. Trust A is great for estate planning purposes. Essentially, they take the place of the will in that in Trust A, you can decide who your beneficiaries…
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Who bears the burden of proof in a will challenge case?
In a will challenge case, the supporter of the will, referring to the individual presenting the will for probate, carries the initial responsibility to demonstrate that the will was correctly executed. Once the supporter establishes that the will is properly executed, it is then the opposer’s duty to prove that it is invalid. This entails…
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Who keeps track of what the legal firm is doing?
The court is supposed to keep track of what the legal firm is doing, but they don’t necessarily do the greatest of jobs. It’s important if you are a family member and you are concerned about a legal firm not doing their job, that you can become involved in the guardianship proceedings, you can request…
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What steps should I take if I realize that my parents do not have a will in place?
It is crucial that you urgently take your parents to consult a legal representative, so that they can assess your parent’s assets and their desires, and provide them with guidance to effectively prepare for potential incapacity or to ensure appropriate distribution of assets after their passing. Whether it’s avoiding probate or implementing strategies to safeguard…
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How can a business entity with limited liability provide me with asset protection?
A business entity with limited liability offers significant asset protection benefits. By placing your assets in such an entity, if you have a personal creditor, the creditor’s recourse would be limited to a charging order against your interest in the said entity. The creditor would not have any control over the company but would only…
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When should I review my current will?
I suggest having your will reviewed at least every two years. That would be a good time for the legal firm to give you updates on changes in the law and for you to discuss any changes that may have occurred in the prior two years, with respect to your personal situation and family. In…
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What is the legislation in Florida regarding the enforcement of a no contest clause in a will?
In the state of Florida, no contest clauses are deemed unenforceable due to their conflict with public policy. Consequently, if a will includes a provision stating that a beneficiary will be excluded from the estate if they challenge the validity of the will, it will not impact the substantive provisions of the will.
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Who bears the responsibility for the medical expenses?
It largely depends on the circumstances and the party held accountable for the injuries – the property owner’s insurance might cover the medical costs if a legitimate claim is presented.
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How can I establish negligence in a truck accident?
One of the most crucial steps in establishing negligence is to gather evidence – such as photographs, videos, detailed descriptions, timestamps, and individuals’ identities. Moreover, it is important to interview eyewitnesses to gather additional proof.
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What is comparative negligence?
Comparative negligence is essentially a legal theory that permits the insurance company or juries to decide the proportion of blame they will assign to each party involved. For instance, if the insurance company or jury concludes that you are 20% responsible for an accident, and you receive a valuation or jury award of $100 for…
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What is blood alcohol content (BAC) or level?
The blood alcohol content, or level is a measure of blood in the breath or the blood. Typically, it’s measured in milliliters of blood or liters of breath. In [State], it’s illegal for the BAC or blood alcohol level to be above a .08. If the officer does arrest you and finds that your blood…
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What should I do if I am asked to take a field sobriety test in Florida?
What a person should do if they are asked to take a field sobriety test or field sobriety exercise in Florida is consider the fact that field sobriety tests or exercises are designed for you to fail. They’re often done on the roadside with traffic whizzing by, it’s 60-90 miles an hour. Also they’re done…
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What is the distinction between a serious offense, a lesser offense, and a summons?
Generally, a serious offense is a criminal charge that can result in a sentence of over 12 months in a state penitentiary or correctional facility. A lesser offense is a criminal charge that can lead to a maximum sentence of up to 12 months in a county detention center. A summons, on the other hand,…
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What should I do if I am accused of rape?
The first thing you should do is not talk to the authorities. There is no benefit for you at this point to have any sort conversation with law enforcement. If you can afford it, sit down with an experienced legal representative, retain that person to take you through this process.