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 [...]
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 [...]
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. [...]
Florida Power of Attorney Sometimes circumstances arise that require you to get help from others in managing your affairs after a loved one passes away. This process can become additionally stressful and heart-wrenching as many of the legal processes must be initiated within 30 days of the person's death. Whether you're planning your own estate [...]
Transferring Property Upon Death in Florida Naturally, the laws on inheritance vary from one state to another. However, there are a few laws that remain commonplace across the board. Summary and Formal administration are the "standard" forms of probate administration. These govern deaths for residents of the entire state of Florida, although there are other [...]
What is Exploitation of the Elderly? I'm sure you've heard of countless examples of poor treatment in retirement homes, but it doesn't stop there. In probate law, we see the exploit of elderly individuals by caretakers or distant relatives when the elderly person is no longer competent. This incompetence leads to the incapacity to make [...]
Technology and the Changing Inheritance Laws The procedures for dealing with a person's property after death differ based on your location, culture, and whether a legal Will is in place or not. For example, there is no inheritance law or ancestral property distribution or birth-rights in Islamic law. When it comes to inheritance law in [...]
