Monthly Archives: August 29, 2019

What Rights Does an Unmarried Same Sex Couple Have Regarding A Co-parenting Agreement in Orlando, Florida?

A co-parenting agreement between a biological parent and a nonparent is not enforceable under Florida Law. The case of Christy Dale Springer v. Nicole Ann Springer (2nd DCA July 19, 2019), involved a child born to Nicole Ann Springer (the Biological Mother) while she wa...

Florida Estate and Probate Law

When a person dies in Florida, the law automatically assumes that the title to all of that person’s property, and the responsibility for their debts’ transfers to their “estate”.  Florida law creates this legal entity, known as the Estate of John Doe, Deceased. This is ...

Can I Terminate My Spouse’s Alimony in My Orlando, Florida Divorce Case When I Retire?

Whether you can terminate your spouse's alimony in your Orlando, Florida Divorce Case when you retire depends on certain factors. First, you must file a Petition to Terminate Alimony or in the Alternative to Modify Alimony, unless your spouse will stipulate in writing to you...

Potential Probate Issues When The Personal Representative May Become A Creditor Of The Estate

You just got appointed Personal Representative of an estate. Through the efforts of your probate attorney you now have authority to act regarding the estate pursuant to Letters of Administration being granted by the probate Judge. This is when you should always contact your ...

Can I Become A Personal Representative Of An Estate When There Is No Will?

Sadly, your spouse of many wonderful years passed away. You want to become Personal Representative of the estate, but your spouse never had a Last Will and Testament prepared. What do you do to accomplish that goal?

You s...

Will Your Prenuptial Agreement Hold Up If You Get A Divorce in the Orlando, Florida Area?

Whether your prenuptial agreement will hold up if you are divorced in the Orlando, Florida Area depends on many factors. Here are few factors for you think about. Make sure that you do not do these things if you are in the process of developing a prenuptial agreement because...

How the Trial Judge Divides Your Assets in an Orlando, Florida Area Divorce

The trial judge in an Orlando, Florida Area Divorce divides your assets pursuant to Florida Statutes 61.075 Equitable Distribution. The trial court must identify whether the assets are nonmarital or marital assets. Then the trial judge must distribute the marital assets equa...

Remember Your Digital Assets in Your Estate Planning

Did you know that it is important to include your digital assets in your estate planning? Did you ever think about what would happen to your digital assets when you are no longer able to manage them? That leads you to think it may be necessary to discuss that with your estat...

Ann Marie Giordano Gilden, Esquire Recognized as Florida Legal Elite

LAKE MARY, FL. (August 1, 2019) – Ann Marie Giordano Gilden, Esquire...

Obtaining an Emergency Temporary Guardianship in the Orlando, Florida Area

In order to obtain an Emergency Temporary Guardianship in the Orlando, Florida area, Florida Statute section 744.301 and Florida Probate Rule 5.648 together set forth the procedure for the appointment of an emergency temporary guardian. Florida Statute 744.3031 provides: