Testementary Capacity in the Orlando, Florida Area
What is testamentary capacity in the Orlando, Florida area? That question boils down to whether the testator had sufficient capacity to execute a will. The testator is presumed to have capacity. Is there evidence presented to show that she/he was luc...
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Equitable Distribution in an Orlando, Florida Divorce Case
Equitable distribution involves multiple steps. After identifying assets and liabilities, the court must classify all assets and liabilities as marital or nonmarital. Next, the court values the marital assets and liabilities. Finally, the court distr...
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What is the Business Records Exception in the Orlando, Florida Area?
The Florida Business Records Exception to the hearsay rule is set forth in section 90.803(6)(a), Florida Statutes(2023). In the evidence code, it is stated that for a record to be admissible under the Business Records exception, the proponent must sh...
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Can You Challenge a Marriage or a Deed Based on Incapacity in Orlando, Florida Area?
If you have an elderly relative who marries a much younger person, maybe twenty or thirty years younger, you may have concerns. This usually happens after an elderly person has been married for many years and their spouse dies. They may be lonely. Th...
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Where Do You Probate the Will?
Where do you probate the will? How does the court decide that question? A Florida court may have jurisdiction over the distribution of a decedent’s domicile at the time of his or her death if the decedent owned property in Florida at the time of his ...
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Prenuptial Agreement and Postnuptial Agreements in Orlando, Florida
A Prenuptial Agreement is a contract that the parties enter into prior to the marriage wherein they define how their assets and debts will be handled, either as marital assets or nonmarital assets during the marriage. They also include how the assets...
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