family-member – Page 4 – Easy Law Finder

Florida’s Four Orders of Protection Against Violence: Distinguishing the Difference

May 18, 2024

—

by

In Florida, there are four types of protection orders called injunctions that protect people from violence. These are for domestic, repeat, dating, and sexual violence. These are civil cases and have specific rules and forms to use. When filing a case, it’s best to use the Florida Family Law Rules version of the petition. There…

Grandparents Have Rights After All

May 18, 2024

—

by

Elf

in Florida BAR article

Even though the law used to give grandparents the right to seek custody of their grandchildren, the Florida Supreme Court changed that. But some grandparents still have custody. When a parent who lost custody wants it back, it’s a tough situation. The court has to decide if the parent is ready to take care of…

Grandchild Support

May 18, 2024

—

by

Elf

in Florida BAR article

In family law, the general rule is that only the married couple’s income and assets are considered for things like alimony and child support. But there’s a rare exception where the husband’s recurring gifts from his parents were counted as income for child support. This exception is not widely accepted and should be carefully reviewed…

Florida’s Supervised Visitation Programs: The Next Phase

May 18, 2024

—

by

Elf

in Florida BAR article

In 1997, there were 15 supervised visitation programs in Florida, but now there are over 40, serving over 40,000 visits in 2002. These programs provide a safe place for noncustodial parents to see their children in court cases involving custody issues or domestic violence. Every judicial circuit in Florida now has at least one program,…

Bleeding Grandparent Visitation Rights

May 18, 2024

—

by

Elf

in Florida BAR article

There are a lot of military bases in Florida, and a lot of military personnel live there. Recently, a new law was passed that allows grandparents who are in the military to spend time with their grandchildren, even if the child’s parents don’t want them to. This law is part of a long battle over…

Estate Planning Issues in a Dissolution of Marriage

May 18, 2024

—

by

Elf

in Florida BAR article

If Luci becomes unable to make decisions for herself, her healthcare and finances will be handled by whoever she has designated in legal documents like a power of attorney. If she doesn’t have these documents, Florida law will determine who has control. A durable power of attorney is a document that lets one person make…

Biology Versus Legality: How the Definition of Father Impacts Florida’s Impact Rule

May 18, 2024

—

by

Elf

in Florida BAR article

If a pregnant woman loses her baby due to an accident in Florida, the law says the parents can’t sue for the baby’s death. They can only sue for the mom’s injuries. The dad might be able to sue for emotional distress, but it depends on if he was married to the mom, saw the…

Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders

May 18, 2024

—

by

Elf

in Florida BAR article

In 2012, Ms. Brunner wrote an article in a journal about the rights of married couples in the process of getting a divorce and after the divorce is finalized. The article discusses how automatic orders in divorce cases may give more rights to the spouse who files for divorce than to the spouse in a…

The Medicaid Institutionalized Care Program, the Simple Estate Plan, and the Elective Share: Why the Qualified Special Needs Trust Was Born

May 18, 2024

—

by

Elf

in Florida BAR article

In short, the legal firm hired a new attorney who is really good at their job. In 1999, the Florida Legislature made major changes to the law that gives a surviving spouse the right to claim a share of their deceased spouse’s estate. This was to prevent one spouse from being disinherited. However, if one…

My Basement Is Filled with Pornography!

May 18, 2024

—

by

Elf

in Florida BAR article

This article discusses ABA Model Rule 1.14, which deals with representing clients with mental disabilities. The author shares a real-life call from a friend, Amedra, who is concerned about her husband’s behavior. The article also mentions ethical considerations in representing clients with questionable competency. After Amedra’s husband died, she withdrew from our social group. She…

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

May 18, 2024

—

by

Elf

in Florida BAR article

The Carpenter presumption in Florida law says that if someone who benefits from a will was involved in making the will in certain ways, it’s assumed they unduly influenced the person who made the will. There are seven things that can make this assumption stronger, like being there when the will was made or knowing…

Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part II

May 18, 2024

—

by

Elf

in Florida BAR article

If someone with a disability has been taken advantage of financially, they can take legal action against the person who exploited them. But it can be hard to prove that the transfer of money or property was not a gift or payment for services. It’s also difficult for other people to make a claim for…

Weiand v. State and Battered Spouse Syndrome: The Toothless Tigress Can Now Roar

May 18, 2024

—

by

Elf

in Florida BAR article

In 1999, the Florida Supreme Court said that women in Florida can use battered spouse syndrome as a defense if they kill their abuser. This was a big deal because before that, a woman’s ability to defend herself from an abusive partner was limited. Kathleen Weiand killed her husband, Todd, and said she did it…

A Dangerous Bend in an Ancient Road: The Use of Similar Fact Evidence for Corroboration

May 18, 2024

—

by

Elf

in Florida BAR article

Recent Florida cases have ruled that similar fact evidence can be used to support a victim’s testimony in child molestation cases. However, this logic could lead to an expansion of the use of propensity evidence in other types of cases, which goes against general limitations. This could make the general limitation on the use of…

Should Family Pets Receive Special Consideration in Divorce?

May 18, 2024

—

by

Elf

in Florida BAR article

When couples adopt a pet, they make a commitment to care for it for life. Many people see their pets as part of the family and feel responsible for their well-being, similar to how parents feel about their children. But legally, pets are considered personal property that can be bought, sold, or given away. When…

Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding

May 18, 2024

—

by

Elf

in Florida BAR article

A lawyer represented a dad who lost custody of his child in Florida, even though there were lots of doubts about the evidence against him. The court still decided to take away his rights as a parent, even though some judges had concerns about the case. It’s a frustrating situation and shows that the legal…

Who is eligible to file a wrongful death case?

Mar 7, 2024

—

by

Elf

in FAQ

In the state of Florida, if the individual who passed away had a will, the personal representative or executor of the estate can initiate a wrongful death lawsuit on behalf of the surviving family members.

What is a Qualified Personal Residence Trust (QPRT) and how does it work?

Mar 7, 2024

—

by

Elf

in FAQ

Our homes are often our most valuable assets and hence one of the largest components of our taxable estate. A Qualified Personal Residence Trust, or a QPRT (pronounced “cue-pert”) allows you to give away your house or vacation home at a great discount, freeze its value for estate tax purposes, and still continue to live…

What is a Licensee?

Mar 7, 2024

—

by

Elf

in FAQ

Under the terms of premise liability law, a licensee is an individual who has permission to be on someone else’s property. The person is on the property with the consent of the owner. A licensee may visit the property for purposes other than conducting business. For instance, a person may organize a gathering at their…

What are the disadvantages and advantages of a guardianship?

Mar 7, 2024

—

by

Elf

in FAQ

The benefits to a guardianship are if you have a family member or loved one that lacks mental capacity, and they can no longer handle their finances or their healthcare that you can step in and help them with it. The drawbacks to a guardianship are the fact that it is a legal process. You…

What is the impact of cognitive decline on the validity of a will?

Mar 7, 2024

—

by

Elf

in FAQ

For a will to be deemed valid, the person making it, known as the testator, must possess the necessary mental capacity to sign the will. This is determined through a three-step examination. Firstly, the testator must comprehend who their beneficiaries are, meaning they must be aware of their family members. Secondly, the testator must understand…

What do I need to demonstrate in order to prove lack of ability?

Mar 7, 2024

—

by

Elf

in FAQ

In the state of Florida, the examination to determine mental capacity for signing estate planning papers consists of three parts. First, the individual must comprehend the rightful beneficiaries of their assets, which includes knowing and recognizing their family members. Second, the testator must have knowledge and comprehension of their property’s nature and extent. Lastly, the…

Who keeps track of what the legal firm is doing?

Mar 7, 2024

—

by

Elf

in FAQ

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…

How much is my claim worth?

Mar 7, 2024

—

by

Elf

in FAQ

The laws in Florida allow you to receive compensation for the financial losses caused by your injuries. This implies that if you sustain injuries in a pedestrian accident and need to take time off work, you can be reimbursed for your lost wages. You can also seek reimbursement for anticipated future lost earnings, medical expenses,…

Tag: family-member