Easy Law Finder

Tag: legal-representative

  • Invoking the Rule During Depositions? Absolutely Maybe

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    When someone invokes the rule during a trial or deposition, they are asking for the rule of sequestration to be implemented. This means that certain witnesses must stay outside of the room while others are testifying, so that their testimony isn’t influenced by what they hear. However, the rule doesn’t apply to parties involved in…

  • Possible Tax Consequences Under Florida Durable Powers of Attorney

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    The power of attorney (DPOA) allows someone to handle another person’s finances and personal affairs. In Florida, some powers in the DPOA can have unexpected tax consequences, especially the power to give the person’s property as gifts. Different states have different rules about this, but in some states, the DPOA might allow the agent to…

  • After Death Does Us Part: Surviving Spouse as Fiduciary and Beneficiary

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    When spouses name each other as the person in charge of their will and estate, it can create conflicts of interest, especially in blended families. In these situations, it might be better to appoint an outside person, like a bank or trust company, to help. This can be more expensive, but it can help prevent…

  • Land Mines and Other Surprises in Residential Landlord and Tenant Cases

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    In Florida, landlord and tenant cases can get complicated due to issues with notices and legal requirements. In a case called Bell v. Kornblatt, a landlord’s eviction complaint was dismissed because the three-day notice to the tenant was defective. However, the court clarified that the notice requirement is not a matter of subject matter jurisdiction,…

  • Access to Digital Assets Florida’s New Law for Fiduciaries: What Are Digital Assets and Why Are They Relevant?

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    Digital assets, like social media, email accounts, online banking, and digital currency, have value and need to be protected. Florida has a new law that lets certain people, like guardians, access these assets. Federal laws and terms-of-service agreements also protect digital assets from unauthorized access. The SCA makes it a crime to access digital communication…

  • Protecting Military Families: The New Servicemembers Civil Relief Act

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    In 2003, President Bush signed a new law called the Servicemembers Civil Relief Act (SCRA), which replaced the old Soldier’s and Sailor’s Civil Relief Act. The new law is easier to understand and includes updates to reflect changes in American life. It also clarifies disagreements among military law experts and strengthens protections for active duty…

  • What are fiduciary duties?

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    Fiduciary duties are duties that legal representatives and lawyers owe to individuals involved in an estate or trust. Essentially, a fiduciary must act in the best interest of these individuals. The most common fiduciary duties involved in trust and estate disputes include the duty of loyalty, the duty of impartiality, and the duty to appropriately…

  • What if I suspect that the legal representative is engaging in inappropriate actions?

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    If you have suspicions that the legal representative is engaging in inappropriate actions, you should reach out to them and request them to furnish evidence or supporting papers for their actions. If they fail to provide the requested documents, you may need to participate in the legal proceedings and, during those proceedings, you can legally…

  • What steps should I take if I realize that my parents do not have a will in place?

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    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 should I do if I am accused of rape?

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    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.

  • How does collaborative law differ from divorce, paternity, or post judgment litigation?

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    In contrast to divorce, paternity, or post judgment litigation where individuals have no control over the outcome of their case and must rely on a judge’s decision, collaborative law empowers participants to shape the resolution of their family legal matter. To achieve this, the participants need to demonstrate unwavering commitment to transparency and cooperation throughout…

  • How can I assist my legal representative if I am facing a lawsuit?

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    Ensure that you maintain precise records and that you keep copies of all documents pertaining to your case. The more information and documentation that you can provide to your attorney, the better off you will be.

  • What Damages can be Obtained for Insurance Misconduct?

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    Typically, the damages comprise of all harm caused by the insurance company’s failure to handle a loss adjustment “in good faith.” In certain situations, the fees of your own legal representative can also be recovered. In exceptional cases of extreme and shocking misconduct, punitive damages might be recoverable. If you face a lawsuit because the…

  • Who is responsible for payment of title insurance?

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    That varies depending on the County where the property is situated. In certain counties, such as County A, County B, and County C, it is typical for the purchaser to cover the cost of title insurance, whereas in others, like County D, it is typically the seller’s responsibility. However, this can be subject to negotiation,…

  • How do I prepare for mediation?

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    A successful mediation depends on the organization of essential documents and a concept of what a successful outcome looks like. Discuss all pending issues and review all necessary facts and documents with your legal representative. Know everything that needs to be discussed ? all the items of property, all the debt, income and expenses, and…

  • What evidence do I need to provide?

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    Please refer to this infographic for a checklist of items you need to bring as evidence when meeting with your legal representative for the first time.

  • Where can I file my lawsuit against the cruise company for my injury on board the cruise ship?

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    The sooner, the better. The faster you contact a legal representative, the faster they can find witnesses to your accident, they can talk with your physicians, they can arrange for you to see additional medical professionals if necessary. So that they are able to compile the strongest case possible in order to achieve the most…

  • What are the next steps after the H-1B registration completed?

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    What are the steps of filing an H-1B Application with USCIS? Who can handle a registration for H-1B Employers? A company (referred to as Registrant) or the legal representative (referred to as authorized representative) can submit H-1B Registrations with the USCIS. Step 1: Create an account. Access the website my.USCIS.gov, click on “Create an Account,”…

  • What occurs during a hearing for school suspension?

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    A school suspension hearing operates in a manner reminiscent of a criminal trial, wherein one party presents evidence through witnesses and the legal representative for your child is permitted to cross examine those witnesses. Nevertheless, unlike a criminal case, a school suspension hearing is conducted by a designated school authority, often the Vice Principal. Following…

  • What Should I Do if I Meet in an Auto Accident?

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    Immediately seek medical attention for your injuries. Obtain as much information from the other driver(s) as possible, including their name, address, phone number, insurance company, policy number, driver’s license, and license plate. Be sure to insist that a report is completed by a law enforcement officer and get a copy. You can also take pictures…

  • How can I locate an appraiser for my eminent domain case and who should I consider as my appraiser?

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    Your legal representative familiar with eminent domain matters is acquainted with qualified and seasoned appraisers specialized in eminent domain cases. Your legal representative will connect you with an eminent domain appraiser who is suitable for your case.

  • What should I do if my insurance provider rejects my claim?

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    What should I do if my insurer refuses to accept my claim? The leading cause for an insurer’s denial of a claim is attributing the damage to a cause that the policy does not cover. They may assert that it falls under an exclusion. The insurer tends to favor a broad interpretation of exclusions and…

  • What steps should I take to initiate a claim?

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    Each insurance policy follows a distinct process for claim submission. If you intend to file a claim, get in touch with your insurance provider. Nevertheless, exercise caution as anything you communicate could be utilized to reject your claim or propose a settlement amount lower than your actual losses. A legal representative can aid you in…

  • How can I obtain copies of what the opposing parties submit?

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    Any party who submits a pleading or document should provide a duplicate to all other parties involved in the case, or their legal representatives, and also submit a certificate confirming such delivery.