Category: FAQ
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When should an estate plan be reviewed?
An estate plan should be revised when there are changes in the testator’s beneficiaries, property, or family status (i.e. marriage, divorce, birth or adoption of a child, etc.). This can be done by executing a proper amendment (a codicil) to modify the existing will or by revoking the existing will and then executing a new…
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What if I have a will that was created in a different jurisdiction?
Wills are regulated by the laws of each jurisdiction. You should consult with an estate planning attorney in Florida to evaluate your out-of-jurisdiction will and ensure its efficiency in Florida.
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How can I remove assets from my estate without being subject to estate or gift taxes?
What gifts can I make without having to pay gift taxes? What can be done to minimize estate and gift taxes? Various advanced estate planning strategies are employed to minimize estate and gift taxes. There are many factors that must be considered when tailoring a plan that will work best in each client’s situation. However,…
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How can a legal strategy help avoid a conservatorship or guardianship proceeding?
A well-crafted plan utilizes various instruments that can prevent the court from obtaining control over your matters.
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How can I ensure my furry companion is taken care of after I pass away?
It is not possible to leave an estate directly to a pet. If you wish to allocate funds for your pet’s well-being, you must establish a pet trust, designate a trustee, and provide instructions for utilizing the funds towards your pet’s care.
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Who is responsible for handling the probate?
The Estate Manager (also known as the “executor” or “executrix” if there is a will, or the “administrator” or “administratix” if there is no will) is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, making a list of all the assets and debts of the…
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Who is eligible to become a personal representative?
An eligible individual to act as a personal representative may include a partner, guardian, offspring, sibling, trusted relative, or any other person residing in Florida. Additionally, a qualifying financial institution with authority to fulfill fiduciary responsibilities in Florida may also assume the role of personal representative.
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What happens if the designated representative does not fulfill their obligations to the estate?
A executor or administrator who fails to fulfill their duty may be personally accountable for any damages incurred during the administration of the estate. Liability can arise from unauthorized or improper sale of assets, mismanagement of estate assets, failure to file timely tax returns, neglecting to collect owed claims and funds, distributing property to incorrect…
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What if the deceased owned real estate in more than one state?
If there is no will, probate is usually required in each state where the real property is situated, in addition to the home state. Even if there is a will, after it is admitted to probate in the home state, a certified copy of the will must be submitted to probate in each other jurisdiction…
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What happens if the testament disappears or there is only a photocopy?
Absence of testaments present intriguing legal issues which predominantly hinge on the specific facts and circumstances, as well as the laws of the jurisdiction in which the deceased resided. The disappearance could occur due to deliberate revocation by the deceased, in which case, depending on state regulations, a prior will or the state’s guidelines on…
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How do judges get assigned to a case?
The court randomly assigns a district and magistrate judge to each case, using an automated case-management system.
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What errors should I avoid when submitting a document?
Submitting a document in an incorrect division or court. Submitting a district-court document with a state or bankruptcy court. Submitting a document without an original signature. Submitting a document without a complete or correct case number or case style at the top. Submitting a duplicate of a document instead of the original. Sending a document…
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How much is a witness fee?
The fee for a witness to attend a national court proceeding is $40 a day and $0.575 a mile.
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What methods of payment are accepted by the clerk’s office?
The clerk’s office accepts cash (in the exact amount only; change cannot be provided), cashier’s checks, certified bank checks, and money orders. Except for payment on a criminal debt or registry, the clerk’s office also accepts American Express, Discover, MasterCard, and Visa. Personal checks are not accepted. A legal firm can pay by check made…
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How can I acquire a document from a previous case?
Documents from previous cases could be stored in the Federal Records Centers and might not be accessible for viewing at one of our clerk’s offices. The cost for retrieving documents from the Federal Records Centers is $64 for the initial box and $39 for each additional box. Please contact any clerk’s office for further details.…
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Who issues and serves a summons?
The court clerk signs, dates, and seals the summons. The claimant must prepare and serve it on the respondent. Federal Rule of Civil Procedure 4 sets forth the rules regarding service.
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Who could potentially be held accountable for engaging in medical negligence?
Numerous healthcare providers in South Florida might fail to meet the standard of medical care and engage in malpractice. These encompass physicians, nurses, medical facilities, birthing specialists, labor and delivery teams, ER nurses, oral health practitioners, dental hygienists, and other professionals in the healthcare field.
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Where are medical malpractice incidents primarily found?
Roughly two-thirds of medical malpractice claims arise during hospitalization. However, a report by the Agency for Health Care Administration in Florida stated that only one out of six patients who experiences a potentially adverse event at a hospital files a medical malpractice claim.
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What type of attorney should you seek advice from if you believe you have been harmed due to a medical error?
Medical errors can be legally intricate, and it is crucial that your case is handled by an experienced attorney. It is advisable to consult with a proficient medical malpractice lawyer who has vast expertise in handling lawsuits related to medical negligence, errors in surgery, injuries during childbirth, failure to accurately diagnose medical conditions, and negligence…
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What steps should I take if I suspect a situation of medical negligence?
You should promptly reach out to a personal injury attorney specializing in medical negligence for a consultation. It’s crucial not to procrastinate in order for the attorney to secure evidence that would substantiate a claim of medical malpractice. A knowledgeable attorney in medical negligence will assess your possible case free of charge and provide guidance…
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What should I do if I sustain an injury on another person’s property?
Individuals harmed due to the carelessness of a property owner or possessor have the right to seek compensation for their injuries, such as lost wages, medical bills, and physical and emotional pain. If you are injured on someone else’s property, it is advisable to seek guidance from a seasoned personal injury lawyer in Florida who…
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What happens if I decline to give a breath or urine sample?
Because all drivers in Florida have agreed to provide law enforcement officers a breath or urine sample when there is reasonable suspicion of DUI, refusing to comply with such a request comes with consequences. When a person declines to take a sobriety test, the officer will promptly take possession of the person’s driver’s license and…
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How can I determine if my insurance policy includes coverage for flood damage?
In the majority of states, a typical homeowners insurance policy leaves out coverage for flood damage. To secure protection against floods, you will need to acquire flood coverage from a government entity like the National Flood Insurance Program or FEMA. Alternatively, you can opt for flood coverage from a licensed private carrier.
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What are anti-concurrent clauses?
Anti-concurrent clauses prohibit recovery when a protected risk and excluded risk combine to cause a loss. For instance, if your property experiences fire (protected) and earthquake (excluded) damage simultaneously, your insurance company will reject your claim even if you have fire coverage. Make sure to carefully review your policy to identify any of these clauses.