21Oct, 2018

Estate Planning for a Second Marriage in Florida

October 21st, 2018|Estate Planning|

estate planFlorida also has a new equitable distribution statute that went into effect July 1. Even if you own your own house and you marry, your new spouse is entitled to the pay down in your mortgage during the marriage even if you paid it from only your income. And, if the house appreciated they statute gives them an entitlement to that appreciation.

Having already been through a […]

8Oct, 2018

The Florida Fiduciary Access to Digital Assets Act

October 8th, 2018|Estate Planning|

Digital Assets ActSince the Information Age dawned around 1990, a new type of asset gradually moved to the forefront of legal discourse: the digital asset. What began with online diaries has now grown to include entre businesses with no offline presence as well as Bitcoin accounts worth millions of dollars. Traditional Florida probate law was simply not set up with digital assets in mind.

In response to this […]

18Sep, 2018

Undue Influence under Florida Probate Law

September 18th, 2018|Probate Proceedings|

Probate LawIn the context of a Florida probate dispute, asserting “undue influence” is a way of attempting to invalidate a last will and testament. It is normally claimed by someone who is not a beneficiary of a will but believes they should be, or by a beneficiary who believes he is entitled to more than what the will provides – in other words, by someone who […]

4Sep, 2018

Relocation with Children after a Divorce

September 4th, 2018|Child Custody|

child custodyWhen a custodial parent plans to move away from the other parent and seeks court permission to take their children with him, two factors play a role when the court is making its decision: (i) the best interests of the children, and (ii) the other parent’s custodial rights – in that order.

Court permission is most difficult to obtain when the other parent opposes the move. […]

17Aug, 2018

Probate Mediation in Florida

August 17th, 2018|Probate Proceedings|

WillMediation is a dispute resolution process in which a neutral third party, known as the mediator, attempts to help you resolve your probate dispute through voluntary negotiations. Although a mediator cannot order you to resolve your dispute, a court can order you to at least participate in mediation. In a probate dispute, it is a pretty good bet that the court will order mediation.

If you do […]