What is the Uniform Anatomical Gift Act? Originally established in 1968, the UAGA has undergone multiple revisions, more specifically, they were in 2006 and 1987. The law's implementation followed on the heels of a very sentimental scenario the year before. A successful heart transplant provided inspiration for the act. It was the first countrywide legislation [...]
Tortious Interference in Florida Probate Tortious interference with regards to inheritance law is one of the most important classifications to keep in your back pocket when enduring a FL probate case. It occurs if one party, by means of coercion, fraud, or underhand methods, circumvents an expected gift or inheritance. In other words, if someone [...]
Understanding Undue Influence and How it Occurs If there is an existing relationship between two people, and one of them uses that as leverage to influence the other’s decisions, then that is considered undue influence. It’s also typical in such scenarios that the party taking advantage is superior in some way. This could be through [...]
Tips for Settling Your Florida Estate Out of Court Court processes can not only be tricky but also drag on for weeks or even years. They can take a huge toll, financially and emotionally, on all parties involved. This gets specifically messy when it comes to probating an estate after a family member's death. Children, [...]
Florida Last Will & Testament FAQ A will is a vital document that ensures those left behind are saved the trouble of financial hardships and uncertainties. A will prevents endless fighting over assets by outlining the deceased’s final wishes, primarily how he or she would have wanted to distribute their estate if they were still [...]
Probate & Property Battles Upon Death When someone dies, it’s customary that his or her assets undergo a court-supervised process called probate. In probate court, the estate is verified and administered to be justly distributed among heirs. Here are a couple of standard Florida probate rules. They're important to keep in your back pocket: Not [...]
Analyzing Spousal Rights in Florida Spousal rights in Florida arise in court due to two common scenarios. These are death and divorce. We’ll delve into each case to uncover what rights a divorced, or surviving spouse is entitled to according to Florida state laws. Divorce Spousal Rights Florida courts do not take into account a [...]
What is Florida Trust Decanting? Trust decanting is a legal term coined from wine decanting itself. This is a process whereby wine is poured (decanted) from one container to another to isolate the solid residue which is left behind. This residue is disposed of because it's considered the unwanted bit of the mixture. Similarly, trust [...]
What is a Breach of Fiduciary Duty? A fiduciary is basically an individual, bank, or organization that takes on the role of a trustee, representing the beneficiary’s interest while managing assets on their behalf. Additionally, Florida law describes fiduciary duty as financial or transactional decisions made under the full faith and confidence of another party. [...]
A Look into Florida Probate for Resident Aliens Irrespective of the location of a person or his immigration status, he can legally own property in the state of Florida. If he is the owner of a property in Florida at his time of death, it is a prerequisite that the property needs to go through [...]
