Category: FAQ
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How can I determine if my existing Last Will and Testament is still effective?
The only way to ascertain the validity of your existing Last Will and Testament is to have it assessed by a knowledgeable legal expert. A legal professional will be able to thoroughly examine your Will, compare it with current legislation, and inform you whether it is legally binding. While your Will may indeed be legally…
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What is the concept of Fair Division?
In a fair division case, all of the assets and debts will be considered and typically split evenly. Any property or assets that were not combined during the marriage will not be included in the division. Additional factors like duration of marriage and income of both parties are also taken into consideration.
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Who Gets the House in A Florida Divorce?
One of the major concerns in a divorce proceeding is the distribution of the house. When children are involved, they can significantly influence this decision. The court may opt to grant the house to the spouse who will have primary custody of the children. If one party desires to retain the house and there is…
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How Are Retirement Accounts Managed in A Divorce?
A retirement account is handled similar to any other asset. The first step is determining the timeframe when funds were deposited into the account. In certain instances, any funds contributed prior to the marriage may require segregation from the settlement.
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What is the typical duration of a divorce?
The time it takes to finalize a divorce varies depending on the circumstances. If both parties have reached a settlement, the process can be completed within approximately 6 weeks. However, if there are disputes over property division or child custody, the resolution might take significantly longer. It is important to note that such cases tend…
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What is the meaning of Actual Cash Value (ACV), and what does Replacement Value refer to?
“Current market worth (CMW)” denotes the value of the covered asset at the time of the incident. On the other hand, “Restitution worth” refers to the expense required for the replacement of the asset, ensuring complete restoration. CMW incorporates depreciation, resulting in a significantly lower value than the cost of replacing your property. The determination…
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How does the Substance Dependency Act function?
It is quite straightforward. The Substance Dependency Act operates by employing leverage. The individual struggling with addiction faces the possibility of a straightforward decision: Either opt for rehabilitation to seek assistance or face the consequence of being held in contempt of court and being incarcerated for non-compliance with a court-mandated directive to seek treatment. It…
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What if my family member becomes upset with me for initiating a legal proceeding under the Marchman Act against him/her?
The potential anger of the individual struggling with addiction is not the primary concern. The main concern is whether you, as the concerned family member, are willing to take action in order to safeguard their well-being. While it is common for the individual to initially react with anger, it is often followed by a sense…
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What factors should I consider when hiring a defense attorney for criminal cases?
Consider hiring an attorney who focuses solely on criminal law. Having in-depth experience in this specific area of law enables the attorney to surpass those who only handle criminal cases occasionally. At Smithson Legal, our attorney is a former prosecutor who possesses extensive knowledge of the court system and garners respect from judges and prosecutors…
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Why do I have a criminal history record when the charges against me were dropped/dismissed?
When is my criminal history record sealed or expunged? The state legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. Refer to Section 943.053(3), Florida Statutes, which allows for public access to criminal history records. The term “criminal history information” is defined in accordance with the federal…
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What type of background check is conducted by the state’s law enforcement agency to determine my eligibility to have a criminal history record sealed or expunged?
Why is the State Department of Highway Safety and Motor Vehicles checked to determine my eligibility to have my criminal history record sealed or expunged? The state’s law enforcement agency conducts criminal history record checks in the state through the State Crime Information Center (SCIC), national record checks through the National Crime Information Center (NCIC),…
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How can I proceed with filing a claim?
Each insurance policy follows a unique process for filing a claim. If you intend to file a claim, get in touch with your insurance provider. Nevertheless, exercise caution as any statements you make may be utilized to reject your claim or propose a lower settlement than the actual extent of your losses. Seek guidance from…
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Who is eligible to initiate the Marchman Act?
A family member, spouse, or any individual unrelated to the person in question, such as a friend who has knowledge of the substance use, can submit the Marchman Act pleadings. Since the Marchman Act is a legal proceeding and follows the rules of procedure and evidence, it is advisable to seek knowledgeable advice from the…
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What if my family member gets angry with me for filing a legal case against him/her under applicable legislation?
The potential anger of the individual struggling with addiction or alcoholism should not be the primary concern. The focus should be on whether you, as the concerned family member, will take action to safeguard your loved one from self-destructive behavior. Often, the initial response may include anger, but this is frequently followed by gratitude as…
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What are the criteria under the Marchman Act?
First, that the individual is impaired due to substance abuse. Secondly, either that they lack the awareness to recognize their need for assistance; or, that they pose a risk to themselves or others as a result of their substance abuse impairment.
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What is a state with “At-Will” employment?
What is the definition of an At-Will State? Even though each US state has its own employment laws, employment is generally considered to be at-will. This term refers to the ability of an employer to terminate an employee at any time and for any reason, provided it is not discriminatory, retaliatory, or otherwise illegal. Typically,…
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What is a group lawsuit for alleged violations of employees’ rights?
A group lawsuit, also known as a collective action, is initiated when there are claims of employers violating federal minimum wage or federal overtime pay rights as per the Fair Labor Standards Act (“FLSA”). Under the FLSA, any employee who has been a victim of wage theft can file a collective action against their present…
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What factors should be considered when choosing an appraiser for a government acquisition case?
A qualified appraiser for a government acquisition case should possess the following qualifications: a. Extensive knowledge of valuation rules related to government acquisitions; b. Previous experience in appraising the specific type of property being acquired; c. Proficiency in preparing detailed and well-supported appraisal reports; and, d. The ability and experience to testify as an expert…
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How can I receive payment in an eminent domain case if I do not agree to the government’s voluntary purchase of my property?
In situations where a property owner initiates condemnation proceedings, the government is obligated to compensate the owner with an amount equal to the good faith value (typically, the initial offer) at the outset of the condemnation process.
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What modifications to my entry entitlements will lead to remuneration from the authorities in accordance with the eminent domain regulations?
There are typically three modifications to entry entitlements caused by eminent domain that warrant remuneration: a. The transformation of direct entry before the acquisition to indirect, circuitous entry after the acquisition; b. The acquisition resulting in a complete loss of entry; or, c. Entry after the acquisition is limited or restricted to specific uses. Be…
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How is my net income calculated?
(3) Net income is calculated by subtracting allowable deductions from gross income. Allowable deductions shall include: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities. (b) Federal insurance contributions or self-employment tax. (c) Mandatory union dues. (d) Mandatory retirement payments. (e) Health insurance payments,…
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How does a trust avoid probate?
A trust establishes an individual’s rights to real or personal property which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. A trust is a…
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What information should the client be aware of regarding your pricing structure (e.g., discounts, fees)?
1) Trust-Based Plan: The pricing for a trust-based plan can range from $2,000 to $3,000. This encompasses a comprehensive package that includes the creation of a trust document and all necessary paperwork and processes for its establishment. 2) Will-Based Plan: The cost for a will-based plan is between $1,000 and $1,500. This covers the drafting…