Category: FAQ
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How can I safeguard my interest in a real estate asset?
One effective method to safeguard your interest in a real estate asset is to transfer it to an entity, such as a limited liability company (LLC). By doing so, you are separating any potential liabilities associated with the property from your other assets. Furthermore, if you have a personal creditor, this transfer also helps protect…
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What rights do the surviving offspring have in the probate estate?
What rights does the surviving partner have in the probate estate? In addition to the right to inherit through the laws of intestacy, the surviving partner has 4 primary rights. The first right is the right to an elective share, which would be 30% of the probate estate. The second right is the right to…
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How does the process of family mediation differ from collaborative law?
Family mediation is a confidential procedure employed either during the litigation of a divorce, paternity action, or modification matter or outside of court upon the parties’ mutual decision to resolve a family legal dispute. The individuals involved are not required to have legal representation. Collaborative law, on the other hand, is an out-of-court approach where…
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What are the different kinds of probate actions?
The first type is called the disposal of personal property without administration, which applies when the Individual passed away and had a bank account. The second type is known as summary administration, which is applicable when the estate’s total value is either less than $75,000 or if it has been over 2 years since the…
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How can I circumvent the probate process?
To circumvent probate, you need to ensure that all investments acquired throughout your lifetime (e.g. 401ks, IRAs, etc.), life insurance policies, bank accounts, real estate owned by you, and any other asset under your name are appropriately titled and have designated beneficiary(ies).
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What is a Trustworthy Agent Agreement?
A Trustworthy Agent Agreement is a legal document that details who you rely on to handle your financial matters on a daily basis if you become incapable of doing so.
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At what age is it advisable to have a Will, Trust, Durable Power of Attorney, Health Care Surrogate Designation, or Living Will in place, in order to prevent the need for Guardianship?
It is highly recommended that individuals aged 18 and above have these documents prepared to avoid the necessity of Guardianship.
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Why should I hire an attorney when one will be provided to me?
Typically, the most important reason is time. Once you’ve been assigned a court-appointed lawyer, your criminal prosecution has already started. Typically it happens at arraignment. That’s when the court is going to inform you of what charges you’re actually facing. Second, time dedicated to your case. While court-appointed lawyers pass the same bar exam and…
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What are the advantages of filing for bankruptcy?
Some of the advantages to filing bankruptcy is, bankruptcy allows you to use the broad powers of the bankruptcy court in order to force, stop, or slow down creditors coming after you. In a situation such as unpaid credit cards, or bank cards, or old repossessions, or old foreclosures, or old judgments in your name,…
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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.
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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 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 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 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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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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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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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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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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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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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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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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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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What does a settlement release form involve?
When you reach a settlement with the opposing party, you complete a release form relinquishing your right to take legal action against them.
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How soon will I receive my compensation?
Depending on the specific details and conditions of your case, the timeline for receiving the compensation may differ, but typically falls within a span of a few weeks to a couple of months.