Easy Law Finder

Tag: family-members

The Disproportionate Impact of Heirs Property in Florida’s Low-Income Communities of Color

May 18, 2024

—

by

Elf

in Florida BAR article

Heirs’ property is when multiple people own a piece of land together, often because a family member died without a will. This can make it hard for people to sell or take care of the property. It affects African-American families more, especially in the southeastern United States. In Florida, when someone dies without a will,…
Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too Second Course

May 18, 2024

—

by

Elf

in Florida BAR article

The FIGHT is a way for people in Florida to pass on their homes to their family without having to worry about certain restrictions. But it’s important to understand the tax implications of using a FIGHT, because it could affect estate, gift, and income taxes. Basically, using a FIGHT means that the home will still…
Preparing the Workplace for a Pandemic

May 18, 2024

—

by

Elf

in Florida BAR article

Florida employers need to prepare for possible pandemics like avian influenza, SARS, or bioterrorism by taking steps to ensure their workplaces are safe. The risk of a pandemic illness is significant enough to warrant the time and resources needed to keep business operations running. Employers should promote quarantine effectiveness, social distancing, and preventative hygiene to…
Adverse Employment Actions Based on Associational Disability Discrimination

May 18, 2024

—

by

Elf

in Florida BAR article

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. But did you know that it also protects people who are associated with someone who is disabled? This means that if you have a friend or family member with a disability, you cannot be discriminated against at work because of…
Domestic Violence: Why the Florida Legislature Must Do More to Protect the Silent Victims

May 18, 2024

—

by

Elf

in Florida BAR article

A nurse and a doctor at a busy hospital saw a woman who was hit in the eye and is seeing flashing lights. The doctor didn’t mention the hit or the person who hit her, and just said she had a face injury and high blood pressure. The doctor didn’t ask about any abuse the…
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…
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…
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…
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 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 is eligible to file a claim for a death caused by accident?

Mar 7, 2024

—

by

Elf

in FAQ

Who is eligible to file a wrongful death claim in Florida? In the state of Florida, there are specific individuals who are allowed to file a claim for an accidental death. Typically, it is a person who is a close relative of the deceased. The children of the deceased may be eligible to file a…
What is Social Security Disability Insurance (SSDI)?

Mar 7, 2024

—

by

Elf

in FAQ

Social Security Disability Insurance or SSDI is an insurance program administered by the Government Benefits Administration for disabled individuals who have worked and paid FICA (Federal Insurance Contribution Act) taxes for a certain number of calendar quarters. To see if you have enough credits to qualify go to: http://www.gba.gov/planners/calculators.htm SSDI provides a variety of benefits…
What is the definition of Ancillary Probate?

Mar 7, 2024

—

by

Elf

in FAQ

Ancillary probate refers to the requirement of initiating the probate process not only in the state where the person passed away, but in every state where they had real estate holdings. This legal procedure is referred to as ancillary probate. Each state possesses probate jurisdiction over the real property situated within its boundaries. Consequently, the…
What is the nature and value of the assets?

Mar 7, 2024

—

by

Elf

in FAQ

The nature and value of the assets also has an impact on the selection of a Trustee. If a trust consists of a residence and cash, the beneficiary may be able to manage the assets without any assistance. If the trust consists of a closely held business, one or more family members who have been…