Category: FAQ
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What is alternative dispute resolution?
Alternative dispute resolution has gained popularity in recent years due to the cost and the increasing number of cases in local and federal courts. Mediation is essentially a controlled negotiation where the parties present their respective cases and endeavor to reach a mutually agreed-upon resolution with the assistance of an impartial mediator. Arbitration is akin…
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What steps should an individual take after being sued?
After being served with a lawsuit, it is crucial to seek immediate advice from a skilled litigator. Responding to a lawsuit is a requirement for defendants, and how they choose to respond can greatly influence the case’s outcome. It is also crucial to note that there is a time constraint for responding, and neglecting to…
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Who will have knowledge of Bankruptcy?
Bankruptcy filings are public records. However, under ordinary circumstances, it is unlikely that anyone will be aware of your bankruptcy. The Credit Bureaus will document your bankruptcy and it will stay on your credit history for a decade.
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What Are the Most Common Reasons for a Chapter 7 Bankruptcy?
The most common reasons for filing bankruptcy are: Unemployment; Significant medical expenses; Excessive credit utilization; Marital conflicts, and; Other significant unexpected expenses. A study conducted by a renowned university indicated that approximately half of bankruptcy cases in the United States were triggered by medical bills (MSNBC). The study, which appeared online in February 2005 in…
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When will the discharge from bankruptcy occur?
The debtor will be discharged 3 ? 5 months after the bankruptcy petition is submitted. Over 99% of individuals who file for bankruptcy receive a discharge. One of the primary objectives of bankruptcy laws is to provide relief to individuals overwhelmed by debt and offer them an opportunity to start anew financially. The discharge of…
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How to Prevent Seniors’ Driving?
Preventing seniors from driving is a concern that many adult children confront. Driving is frequently the initial challenge that families encounter when a loved one is diagnosed with dementia.
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What is the meaning of parental responsibility?
What are Parental Obligation Laws? Parental obligation laws make a relative potentially responsible for the financial obligations of another family member solely based on their kinship. Parental responsibility was previously known as legal custody. Parental responsibility pertains to a parent’s authority to make significant choices regarding the child, like religious guidance, education, and medical care.…
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Why Do I Need Legal Representation?
Legal representatives are trained professionals who can explain the laws to you; help you evaluate your options; negotiate or mediate conflicts with other people; prepare letters, court forms, or other legal documents for you; and represent you in court.
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How Do Legal Professionals Work?
Legal professionals are officers of the court; they take an oath to uphold the law. They are ethically bound to zealously represent their clients within the bounds of the law. A legal professional would have to decline a case if the client wanted them to do something that is outside the law such as allowing…
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What is the concept of legal separation in Florida?
In Florida, the state does not officially recognize legal separation. However, if you and your spouse are looking to establish a formal arrangement for separation and desire a written document, a firm can assist you in drafting a post-nuptial agreement. This agreement, which can be created during the marriage, allows the parties to agree upon…
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How is Child Support/ Alimony Enforced?
How are child support payments paid? In cases where a person is not paying Court Ordered support, the individual entitled to receive the support (the “obligee”) can initiate legal action by filing a motion for contempt. The person who intentionally ignores a court order is liable to be imprisoned. Enforcing a child support order in…
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What types of Assets are distributed in a Dissolution case?
All the assets must be assessed for distribution. Certain assets like inheritances must be revealed, but are not subject to division. Additionally, premarital property that has not been mixed in with marital assets may be kept separate and not subject to division.
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How does the court determine whether a parent can relocate?
The Court will examine all the elements outlined in the Legal Relocation Act to determine if the relocation is in the children’s best interests. This is a highly intricate procedure and it is advisable to seek advice from a legal professional if you are contemplating relocation. If you have received relocation documents, it is prudent…
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How can I obtain a restraining order?
The Legal Aid Office provides free victim services for individuals seeking restraining orders. If you have been served with a restraining order, contact our office right away. The order may restrict important rights. The court may schedule a hearing or issue a temporary order. If a hearing is required, it is crucial that you reach…
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How much time do I have to initiate legal proceedings in a slip/trip and fall case?
The statute of limitations in Florida for a premise liability case is 4 years.
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What is the significance of Designating a Recipient for my Individual Retirement Account (IRA)?
To prevent probate, it is essential to assign beneficiaries to your IRA. In the absence of designated recipients for your IRA or Qualified Plan, the usual outcome is that your IRA will go through probate upon your demise – a result that most individuals typically wish to avoid.
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How can I prevent my child’s significant other from obtaining my assets?
If you have specifically mentioned your child in your Will or Trust, then they will inherit your assets solely in their own name – due to the explicit mention. This may expose the inherited asset to potential risks such as previous or future divorces, legal disputes, financial struggles, long-term care facility claims, and other debtors…
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What does the process of Long Term Care Planning entail?
When should I consider planning for long term care? The process of Long Term Care Planning involves making preparations for future care needs, encompassing aspects such as financial planning, estate planning, and healthcare planning. If you anticipate the need for future medical care for yourself or your loved ones at some point down the line,…
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How much does Trust Administration cost and how long does it take?
In the state of Florida, Trust Administration is subject to the regulations outlined in Florida Statutes. The cost of Trust Administration from a reputable law firm is typically determined as 75% of the fee charged for probate cases. Therefore, if a probate estate would entail a statutory fee of 3%, the equivalent assets managed through…
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What is the initial action in commencing a probate proceeding?
The primary crucial step is to assess the estate with a proficient lawyer to ascertain the optimal approach for Probate Administration. Subsequently, you ought to be prepared to compile essential documents such as the Last Will and Testament (if applicable), officially certified copy of the death certificate, inventory of creditors or liabilities, and details concerning…
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How Much Can I Expect to Receive for My Case?
One of the most common questions our legal team for personal injury cases hear is how much a certain case is worth. Without fully reviewing the facts of your case, it is impossible to determine how much you can receive in damages. The value of your case will depend on the severity of your injuries,…
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What does the process of estate planning entail?
What does a comprehensive estate plan entail? Estate planning involves the development of a comprehensive strategy and the creation of legal documents to safeguard, preserve, and distribute assets before and after death, benefiting loved ones and charitable organizations. This process considers the impact of state and federal tax laws, as well as administrative regulations. Additionally,…
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When should I start my estate plan?
The only time that you can prepare and implement an estate plan is while you are alive and have legal capacity to enter into a contract. If you are unable to manage your own affairs or suffer from a disability which affects your legal capacity, your estate plan may be effectively challenged by those who…
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What information do I need to provide a legal professional to create a will or trust?
First, you will need to provide your family details, such as your current marital status, the names and ages of your children and the other beneficiaries of your estate, if any. These are the persons or organizations who will inherit your estate. If you plan to leave property to your children, you will need to…