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Tag: legal-professional

Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part II

May 18, 2024

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by

Elf

in Florida BAR article

In the last issue, we talked about whether punitive damages can be awarded in certain cases in Florida. This time, we’ll explain why those damages are available and clear up the old idea that they’re not allowed in these types of cases. In Florida, there’s a debate about whether juries should decide on punitive damages…
Tax Planning for Cross-border Endorsement Payments to Professional U.S. Athletes

May 18, 2024

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by

Elf

in Florida BAR article

High-profile athletes like professional golfers and tennis players often make a lot of money from endorsing products. Recently, two golfers, Sergio Garcia and Retief Goosen, had legal issues about how their endorsement income should be taxed. The court decided that Garcia’s income was mostly from royalties, which are taxed differently, and that Goosen’s income was…
State Income Tax Planning for the Nonresident Floridian: The ING Trust

May 18, 2024

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by

Elf

in Florida BAR article

Florida is a great place to live because there’s no state income tax. Many people move here from other states and keep ties to their old state. Florida lawyers have to know about tax laws in other states to help their clients. Some people use a special kind of trust to avoid paying income tax…
Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity

May 18, 2024

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by

Elf

in Florida BAR article

If you hit a tree in the middle of the highway, it can seriously hurt or even kill you. In Florida, you can only sue the government for a poorly designed median in certain situations. Good medians can keep you safe, but bad ones can make your injuries worse. Sometimes, just getting rid of the…
Nuisance Trees: The Massachusetts or Hawaii Rule?

May 18, 2024

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by

Elf

in Florida BAR article

Homeowners whose property is affected by nuisance trees may struggle to find legal representation due to liability issues and court outcomes being uncertain. The Massachusetts rule and the Hawaii rule offer different remedies for nuisance tree issues, and the Hawaii rule is considered a better fit for Florida. The Massachusetts rule allows for self-help as…
The Use of Forensic Document Examiners in Florida Will Contests

May 18, 2024

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by

Elf

in Florida BAR article

This article talks about using forensic document experts in Florida will contests. It discusses when to use them, what to consider when deciding to use them, and what they do. If there are claims of someone changing a will or destroying it, a forensic document expert can inspect the original will to see if it’s…
Public Private Partnerships: The Future of Public Construction in Florida?

May 18, 2024

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by

Elf

in Florida BAR article

The government is struggling to afford construction projects, so they’re teaming up with private companies to get them done. These partnerships can be a good way for both the government and the companies to make money. In Florida, they’re using this method to improve a major road, which will hopefully create jobs and help the…
Understanding the New Florida Community Property Trust, Part II

May 18, 2024

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by

Elf

in Florida BAR article

When a married couple in Florida sets up a joint trust to hold their assets, if one spouse dies, the surviving spouse can change how their share of the trust is handled. But if the surviving spouse is the trustee, they might make mistakes that could cause problems, like giving away too much or not…
Determining the Nonmarital Portion of Pensions and Retirement Benefits

May 18, 2024

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by

Elf

in Florida BAR article

This article discusses complex issues with retirement plans, specifically defined contribution plans like 401(k) and profit sharing plans. The main issue is determining the nonmarital portion of these plans in a divorce. There are two methods used for this, but both violate Florida Statutes. Using tracing investments as a method doesn’t work because the participant…
Citation Form: Keeping Up with the Times

May 18, 2024

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by

Elf

in Florida BAR article

Florida lawyers use three main sources for citation forms: Florida Rule of Appellate Procedure 9.800, The Bluebook, and the Florida Style Manual. These rules help lawyers give credit to their sources and show where they got their legal information. Citations are made up of three parts: an introduction, a description of the source, and sometimes…
Attorneys’ Fees and Costs

May 18, 2024

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by

Elf

in Florida BAR article

In 1996, the Florida legislature changed the rules about when private individuals can get their legal fees paid by government agencies. Before, it was hard to get fees back, but now there are more opportunities for people to get their fees covered if they win a case against an agency. The new law also added…
Why Florida Needs the Administrative Procedure Act

May 18, 2024

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by

Elf

in Florida BAR article

In Florida, decisions made by government agencies have a big impact on our daily lives. These agencies make decisions on things like where new buildings can be built, how much we pay for electricity, and where new roads and schools are located. This has been happening more and more over the past 50 years because…
Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries

May 18, 2024

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by

Elf

in Florida BAR article

Florida’s district court map is changing because a new Sixth District Court of Appeal has been created. The boundaries of the First, Second, and Fifth districts are also changing. This process began in May 2021 when the Supreme Court created a committee to review the districts. The committee had to file a report by October…
What steps should I take if I am not receiving my benefit check?

Mar 7, 2024

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by

Elf

in FAQ

What should I do if my benefit check is not being issued to me? If you’re currently unemployed and you’re not receiving your workers’ compensation benefit check, I highly suggest seeking guidance from a legal professional. The attorney will assist you in completing specific documents that must be submitted to the insurance provider. If the…
Why is it necessary to consult with a legal professional specializing in Real Estate when purchasing or selling property?

Mar 7, 2024

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by

Elf

in FAQ

The expertise of a licensed Real Estate Attorney is crucial for receiving sound legal guidance in matters concerning the sale or purchase of real estate, regardless of whether it is commercial or residential. They possess the necessary training to address any potential complications that may arise. Moreover, a real estate attorney has the capability to…
What steps should I take if I realize that my parents do not have a will in place?

Mar 7, 2024

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by

Elf

in FAQ

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…
What if I played a role in causing the accident?

Mar 7, 2024

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by

Elf

in FAQ

If you played a role in the accident in some states, you could still be eligible to make a claim. A legal professional specializing in personal injury cases can assess your situation and provide guidance on the next steps to take.
What if I already had an injury prior to the incident?

Mar 7, 2024

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by

Elf

in FAQ

You may still have options to pursue a personal injury claim, even if the accident exacerbated your existing injury. A legal professional specializing in personal injury cases can assess your circumstances and provide guidance on your next steps.
Why do legal professionals keep rejecting my DUI case?

Mar 7, 2024

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by

Elf

in FAQ

While the negligence of the other driver may be clear and the victim’s injuries significant, the problem might lie not in obtaining a judgment but in enforcing the judgment.
How can I ensure the safety of my children if I suspect the other parent is using illicit substances?

Mar 7, 2024

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by

Elf

in FAQ

If you suspect the other parent is using illegal substances, especially when they have custody of the children, it is important to reach out to the Child Protective Services Legal Assistance division at the contact information available on their official website. Additionally, seeking guidance from a legal professional can help you explore the appropriate measures…
What services can a legal professional provide?

Mar 7, 2024

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by

Elf

in FAQ

The attorney will handle the preparation or review of the Contract, and explain its terms to you, obtain and examine a title search, check for unrecorded municipal liens, handle the preparation or review of the Closing Statement to ensure the correctness of all fees, handle the preparation or review of the Deed, Bill of Sale,…
How much will a legal firm charge to evaluate my boat accident lawsuit?

Mar 7, 2024

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by

Elf

in FAQ

Typically, a law firm in the state of Florida will not charge you anything to assess your claim. Additionally, once you retain a lawyer in Florida, it’s typically done on a contingency fee basis. In other words, if you don’t receive any compensation, you are not obligated to pay anything. In contingency fee agreements, the…
Who is authorized to act as my representative with the IRS?

Mar 7, 2024

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by

Elf

in FAQ

Only specific professionals are authorized to serve as representatives for taxpayers before the Internal Revenue Service. This list includes Certified Public Accountants, legal professionals, and Enrolled Agents. Will Harmon possesses all three qualifications, guaranteeing comprehensive representation from every perspective.
How can I determine if my existing Last Will and Testament is still effective?

Mar 7, 2024

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by

Elf

in FAQ

The only way to ascertain the validity of your existing Last Will and Testament is to have it assessed by a knowledgeable legal expert. A legal professional will be able to thoroughly examine your Will, compare it with current legislation, and inform you whether it is legally binding. While your Will may indeed be legally…