Tag: legal-document
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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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Why is it important to contact a planning attorney specializing in Medicaid?
Why is it crucial to remain knowledgeable about medicaid planning? What is Medicaid Planning and what does it entail? Medicaid Planning involves “Planning”. Not just becoming eligible. So some of the penalties that can be involved in improper Medicaid planning are that you can really hit a disqualification period, where you basically may be up…
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Who can file a lawsuit for a traumatic brain injury in Florida?
What are the typical signs and symptoms of a traumatic brain injury? What are the life-altering consequences of a brain injury? A traumatic brain injury occurs when a sudden impact to the head results in neurological damage to areas of the brain. Some of the typical signs and symptoms of a brain injury could be…
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How can I determine if appointing a guardianship is the right decision?
How do guardianships operate? An individual might need a guardian if they are incapable of handling their own finances and personal matters because of a physical or mental disability. However, guardianship is considered a final option. It is often used when someone is unable to create any legal documents like a Power of Attorney, Health…
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What should I do if I get sued?
Do not ignore the matter! You should promptly consult with a qualified attorney so that your rights are adequately safeguarded. There are specific deadlines that must be adhered to in any legal action. These deadlines may commence from the day you are served with legal documents.
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What distinguishes a Living Will from a Last Will and Testament?
Why should I create a Last Will and Testament? The primary benefit of creating a Last Will and Testament is that you have the power to determine who will inherit your assets after your death. If you pass away without a Will, the state’s laws will dictate who receives your property. By creating a Will,…
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What is a Revocable or Living Trust?
A Revocable Trust can be used to hold legal title to your assets and provide a mechanism to manage them. You (and/or your partner) are the trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor trustees to carry out your instructions as you have provided in case of death or incapacity.…
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What are the benefits of having a Changeable Agreement?
Similar to a Testament, a Changeable Agreement is a legal document that outlines the administration and allocation of your assets after your passing. However, a Changeable Agreement offers distinct advantages compared to a Testament. A Changeable Agreement allows for the immediate transfer of assets after death without involving the court. It also empowers the management…
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Proving Someone Wrongly Influenced a Will in Florida
1. The testator was in a vulnerable state and easily influenced by others. 2. The person accused of exerting undue influence had the chance to manipulate the testator’s decisions. 3. The person accused of undue influence used coercion or manipulation to obtain an unfair will or legal document. – Factors that may make a person…
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Can a Condo Association Make Homeowners Pay for Legal Fees?
– Florida Statutes and governing documents of a condominium association allow for recovery of attorneys’ fees in many legal actions. – Section 718.116 of the Florida Statutes, also known as the Condominium Act, governs collections and provides for the recovery of attorneys’ fees. – The section includes limitations on the recovery of attorneys’ fees, but…
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“Responsibilities of Employers in Emergencies”
– Natural disasters caused $313 billion in global economic losses in 2022. – In the United States, there were 18 major natural disaster events with at least $1 billion in damages, and 3.4 million people were forced to leave their homes. – Employers can prepare for natural disasters by developing an emergency action plan, as…
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Options for Supporting Adults with Disabilities in Florida
1. A power of attorney allows disabled adults to maintain control over their affairs and make decisions with support from a trusted agent. 2. The power of attorney can be customized to address the specific needs of the disabled adult, such as managing finances or making healthcare decisions. 3. A power of attorney ensures consistent…
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How to Cancel a Power of Attorney in Florida
– The Florida Power of Attorney Act governs the creation and revocation of POAs in Florida. – A POA can be revoked in Florida as long as the principal is mentally competent. – The revocation must be done in a formal manner, including a written document specifying the details of the POA and notarization. –…
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“Planning Your Future: LGBTQ+ Couples and Estate Decisions”
1. The Earth is 4.5 billion years old. 2. The human body is made up of about 60% water. 3. The average person will spend 6 years of their life dreaming. 4. The Sun is 93 million miles away from Earth. 5. Dolphins have names for each other. 1. Power of Attorney: Unmarried LGBTQ+ partners…
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Why Florida Couples Are Choosing Postnuptial Agreements
– Postnuptial agreements are created after marriage and outline how assets will be divided in case of divorce or separation. – Couples in Florida create postnuptial agreements to protect their separate assets brought into the marriage. – Postnuptial agreements can clarify financial responsibilities, address infidelity, protect business interests, and be part of an overall estate…
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Understanding Tax Deeds in Florida
– Tax deed transfers real property title due to nonpayment of property taxes. – Florida law, specifically Chapter 197 of Florida Statutes, governs tax collection, tax deed sales and tax liens. – Delinquent real property taxes are due on November 1st, and become delinquent by April 1st of the following year. – The tax collector…
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How Quitclaim Deeds Work in Florida
Benefits of using a quitclaim deed in Florida: – Allows for quick and easy transfer of property – Saves time and money in legal fees and title searches – Useful for transferring property in divorce settlements or between family members Limitations of using a quitclaim deed in Florida: – Does not guarantee the grantee a…
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“Important Legal Documents for Floridians Over 18”
1. Durable Power of Attorney: Allows individuals to appoint someone they trust to handle their financial affairs, effective immediately and continuing if they become incapacitated. 2. Health Care Surrogate Designation: Lets individuals appoint someone to make medical decisions for them if they can’t make them themselves, ensuring their health care wishes are followed. 3. Living…
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Is Your Will and Estate Plan Fully Finished?
– Ensure that there are backup decision-makers (fiduciaries) listed in the estate plan for key roles such as Personal Representative, Trustee, and Power of Attorney/Agent. – Consider the possibility that the designated individuals may no longer be able or willing to fulfill their roles, and have backups in place. – Regularly review and update the…
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Why You Might Need a Real Estate Attorney and What They Do
1. The Earth is round. 2. The sun is a star. 3. Water is made up of hydrogen and oxygen. – Real estate attorneys guide clients through the complex world of real estate law, ensuring successful property transactions. – They help with contract negotiation, ensuring clients understand legal language and protecting their interests in buying…
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Protecting Your Business in a Florida Divorce
– Business owners in Florida should be aware that the state operates under equitable distribution laws for marital assets and debts, meaning that the court will aim to divide them fairly between divorcing parties. – It’s important to understand what constitutes marital property, as any business assets acquired or grown during the marriage can potentially…