Category: FAQ
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What is Personal Injury?
Personal injury can be defined as having suffered an injury to one’s body. Personal injury law offers a platform for individuals harmed in accidents to pursue reimbursement. To be eligible, claimants must have suffered injury because of the negligence, recklessness, or deliberate conduct of the accused individual(s). Accused parties may include persons, enterprises, or governmental…
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What is the time limit for filing a case?
In Florida, accident victims typically have a timeframe of two years from the date of the accident to initiate a personal injury lawsuit in order to seek compensation for their financial losses. Nevertheless, the deadline may vary depending on the specific circumstances of your case. Consulting with an experienced lawyer is recommended to ensure that…
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Who is Responsible for Covering the Repair Costs for My Vehicle?
The insurer representing the responsible driver or vehicle owner will cover the expenses required to fix your car, alongside providing a rental car. Numerous legal firms do not assist their clients in handling property damage post a car accident. We, on the other hand, offer our assistance! There are no charges or costs involved for…
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How long does it take to settle a personal injury case in Florida?
How much time will it take to resolve my personal injury case? Typically, most cases are resolved within a span of 3-4 months. No one wants a personal injury case to drag on for months or even years. Unfortunately, sometimes that happens. Like the value of your personal injury case, the length of time it…
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How Can I Settle the Medical Expenses?
In the event of a car crash, your Personal Injury Protection (PIP) coverage on your vehicle plan will cover your healthcare costs and income loss, with a cap of $10,000. If you lack PIP, you can still file a claim. Whether you’ve experienced a slip and fall or any other accident in Tinseltown, Magic City,…
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Why Am I Using My Insurance to Cover my Expenses Even Though I was not Responsible?
Because according to the Florida No Fault law, your Personal Injury Protection coverage will cover the initial $10,000 of medical bills and lost wages, regardless of liability. You won’t face any penalties.
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What is the concept behind Chapter 13 Bankruptcy?
Chapter 13 is a type of reorganization bankruptcy often mistakenly called the repayment Bankruptcy. A reorganization may involve eliminating a second mortgage, pursuing a modification of your home loan through the Mortgage Modification Mediation Program, getting up to date on missed mortgage payments or association fees, and potentially reducing the loan amount on investment property.…
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When is the appropriate time to initiate bankruptcy proceedings?
Opting for bankruptcy implies choosing a pathway toward attaining financial freedom. Commencing your case in a timely manner can save you from avoidable losses or obligations pertaining to debts that are eligible for discharge through bankruptcy. Deciding to initiate bankruptcy proceedings is often one of the most challenging decisions an individual faces during their lifetime.…
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What Are the Requirements For Signing a Will in Florida?
The requirements for signing a will in Florida are that the Sunshine State resident must sign the will at the end of the document in the presence of at least two witnesses who are both present at the same time and place as the person making the will and who also sign the will as…
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Where should I store my will once it has been signed?
Once a will has been signed, it should be stored in a secure location such as a safe or a safe deposit box at a financial institution. It is important for the person who signed the will to keep the original document in a secure place, as the original will need to be presented to…
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Who can be appointed as a Personal Representative?
The personal representative is the individual, financial institution, or trust company designated by the court to manage the matters of a deceased person’s estate in Florida. The outdated titles of administrator and executor are no longer employed in Florida.
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Who Appoints the Personal Representative in Florida Probate?
The probate court appoints the personal representative whether the deceased died with a will or without one. Legal professionals often refer to this individual as the PR. The testator’s will should name a financial institution or a trusted resident of Florida as the personal representative and trustee, and it should list several alternates to serve…
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What Is a Testamentary Trust?
Not all wills have trusts, but when a trust is created by a will the trust is referred to as a testamentary trust.
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What is a Testate Estate?
If a [state] resident dies with a will, he or she has died testate. The will names the personal representative and beneficiaries of the estate. Making a will is the means by which an individual determines the beneficiaries who will inherit his or her property at death and the personal representative who will be responsible…
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What Happens in an Estate When Someone Dies Without a Will?
If a resident of Florida passes away without a will, then they are said to have an intestate estate. Since there is no will, the Florida Probate Code determines who will receive the assets of the deceased’s estate through probate, as well as who will be given priority in appointment as the personal representative, instead…
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How does the process of starting a probate estate without a valid will in Florida begin?
In Florida, an intestate estate is initiated when the beneficiaries or creditors request the designation of a personal representative by submitting a petition for administration to the probate court. Given that probate is a legal procedure, it is advisable to seek assistance from an attorney to initiate the intestate probate proceeding.
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Who Serves as Personal Representative Of a Florida Probate Estate If There Is No Will?
What Happens in an Estate When Someone Dies Without a Will? What occurs when an individual passes away without a will? In the absence of a will, as per Florida law, the surviving spouse assumes the role of personal representative of a Florida probate estate. However, in the event that there is no spouse, the…
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Who is eligible to receive a living trust upon the grantor’s death?
What happens to our property in the absence of a Living Trust? Who should handle the creation of my Living Trust? How is a living trust established in Florida? A living trust, also referred to as a changeable trust or an intra vivos trust, is a type of ownership in which assets initially owned by…
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What does the term “Formal Probate” refer to in Florida?
The term “Formal Probate” pertains to the standard probate court process in Florida for individuals who were residents of the state at the time of their passing.
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What is the procedure of Summary Administration in Florida Probate?
Summary administration in Florida is a shortened probate process applicable when a resident of Florida has been deceased for more than two years or owned assets worth less than $75,000. In summary administration, the probate court has the authority to validate a will for probate; however, instead of appointing a personal representative, the court can…
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Who owns the contents of a safe deposit box when someone passes away in Florida?
The determination of ownership for the contents of a safe deposit box when an individual dies in Florida is challenging due to the authority granted to the personal representative of the estate over the decedent’s assets subject to probate. However, the ownership of the estate beneficiaries is established as of the date of death subject…
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What is the Elective Share in Florida?
The Elective Share in Florida refers to the entitlement of the surviving spouse to receive a sum equivalent to 30% of the elective estate. The definition of “elective estate” is a complex legal matter that is best suited for consultation with a qualified attorney.
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How does a residential property transfer after death in Florida?
Here is how a residential property transfers after death in Florida: According to Florida law, if the deceased person is survived by a spouse or minor child, their residential property cannot be transferred through a will to anyone else. However, if there is no minor child, the property can be transferred to the spouse. In…
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What is a spouse or child who was left out of a will in Florida called?
A pretermitted spouse refers to a surviving spouse who married the deceased individual after the deceased individual’s will was made and the will does not include any provisions for the spouse. In such cases, the pretermitted spouse is entitled to a share of the estate that is equal in value to what they would have…