Updates to Florida Probate Rules
The Florida Supreme Court adopted the Florida Bar’s Probate Rules Committee recommended changes to Florida Bar’s Probate Rules. What does this mean? It means there are now new laws regarding the Probate Administration of an Estate. Why these rules are important If you or a loved one need to probate a loved one’s estate, then […]
What to Expect During an Initial Consultation for a Divorce in Orlando, Florida
There was an interesting article by Emma Darley titled “Help your divorce lawyer to help you: What I need to tell my divorce lawyer during the first appointment.” In the article, Darley states that embarking on a divorce can be a distressing and sobering thought. The author says it is normal to feel overwhelmed and […]
Interesting Case in Florida on Marital versus Nonmarital Assets
There was an interesting case in Florida Law Weekly on Oct. 27, 2021. The case was Padres v Padres, 46 Fla. L. Weekly D2320a (3rd District 2021). Padres v Padres dealt with a prenuptial agreement and contained a good discussion on marital versus nonmarital assets when you have a postnuptial agreement. The case discusses Section […]
Did You Know There is a Voluntary Trial Option in the Orlando, Florida Area?
Did you know that in the Orlando, Florida area you can take advantage of Florida Statute 44.104 for voluntary binding arbitration and voluntary trial resolution? Here are a few questions you may consider: “What is that? Is it right for you? Is it something you might want to use? How do you take advantage of […]
How Can You Prove Undue Influence in an Orlando, Florida Will Contest?
Under Florida law, a Will is void if the execution is procured by undue influence. This is outlined in Florida Statute 732.5165 Florida Statute (2021). The burden of undue influence lies with the party seeking to invalidate the Will according to Florida Statute 733.107. To constitute undue influence, the influence must amount to over persuasion, […]
October is Domestic Violence Awareness Month
Domestic violence is all about control over victims. If you answer “yes” to any of the following questions, it is a sign that your partner is trying to control you: Does your spouse or partner keep you away from your friends and family? Does your spouse or partner control all the money and keep the […]
Can I Move with My Child During or After My Orlando, Florida Area Divorce or Custody Case?
The statute that lays out the rules for moving during or after an Orlando area divorce or custody case is Florida Statute 61.13001-Parental Relocation Statute, which can be found here. In every divorce or custody case in the State of Florida, the parents must complete a parenting plan. Every Supreme Court of Florida Parenting Plan […]
DCFS Termination of Parental Rights Case with an Adoption Entity Intervening in Orlando, Florida
Did you know that Chapter 63 of Florida Statutes in a dependency case requires that the court permit intervention by an adoption entity if a parent executes a consent for adoption of a minor with an adoption entity? Florida Statute 63.082(6)(a) allows that. What does that mean? How does that affect a DCFS Termination of Parental Rights […]
Equitable Distribution in an Orlando, Florida Area Divorce Case
What is equitable distribution in an Orlando, Florida area divorce case? How does a judge divide your assets and debts in a divorce? The judge applies an analysis under Florida Statute 61.075— Equitable Distribution. The judge must do the following while analyzing equitable distribution in your case: Identify the marital assets and marital debts and […]
Make Sure You Know Where Your Will is Located to Avoid a Will Contest in the Orlando, Florida Area
Losing your will can cause many problems. What can you do if you lose your will? There are several options. If you are still alive and competent, you could see an attorney to prepare a new will. If you die, and your relatives find out that you lost your will and now there is no […]