Some things to keep in mind when writing your will in Florida

Florida Law has some strict requirements when constructing your last will and testament.  Here are some things to keep in mind: In Florida you must be in sound mind and at least eighteen years old.  The requirement of being in sound mind is meet generally unless you have been found incompetent in a legal proceeding.  The Heading should include a statement of Last Will and Testament of ... The next thing is to make the declaration that it is your intent to draft a will.

When drafting your will,describe your property and explain who is to inherit it. This is very important especially in families with lots of heirs. This will eliminate confusion and possible challenges to the will.

 In Florida, you can make specific devises (such as saying "To [Friend o Family Member's Name], I give my collection of baseball cards located in the top drawer of my study") or a general devise (such as saying "I give my entire estate to [Friend or Family Member's Name]"). For specific devises, describe the property (what it is and where it is located) sufficiently so that no dispute can arise.

Please keep in mind you will need to update your will several times in your life time as your situation changes.  A will should be update at least once every five years.

If you have any questions you should consult legal counsel right away.

Trying to Relocate with your children? Here are some things you should know.

If you are seeking to relocate with a minor child there are several rules that you should consider. According to Florida Statute 61.13001(1)(e), relocation "means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child."  In essence, this means that if you are seeking to move with your children, and there is a pending or closed case which already decided timesharing matters, you must comply with the relocation statute.  There are two ways which you may do so.  First, if the parents both agree to the relocation, they can enter into a written agreement which provides three key elements: (1) the parent who is not relocating gives express consent; (2) the agreement contains a timesharing schedule to be used after the relocation; and (3) the agreement addresses travel expenses to be paid by the parties.  The second option comes into play when the party who is not moving refuses to consent to the move.  In this case, the parent seeking relocation must file a document called a Petition to Relocate.  This Petition to Relocate must contain the following elements:

1.  A description of the location of the intended new residence, including the state, city, and specific physical address, if known.

2.  The mailing address of the intended new residence, if not the same as the physical address, if known.

3.  The home telephone number of the intended new residence, if known.

4.  The date of the intended move or proposed relocation.

5.  A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.

6.  A proposal for the revised post relocation schedule for access and time-sharing together with a proposal for the post relocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.

7.  Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition:

A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

This Petition to Relocate must be personally served on the other party if your case has already been closed.  If the case is open, service can usually be obtained through certified mail.  If the other party objects appropriately, the Court will have to ultimately decide whether to grant the relocation.

Personal Injury Legal Counsel - 5 Benefits That You Should Know About By Stewart Wrighter

Most people know about the existence of personal injury law but do not really know how such knowledge could be of benefit to them. In the event of any incident where you suffer injuries from occurrences that were not your fault, legal counsel from reputed law firms such as an experienced personal injury lawyer on staff who would be able to help you obtain adequate compensation from the guilty party. Do not worry if you do not immediately have the means to fight a legal battle because you can always find one among the personal injury lawyers who could assist you for a discounted fee or even pro bono. In some cases, it could be a class-action lawsuit against a certain company or person.
Here are 5 leading benefits that you could gain from hiring an able legal counsel:
1. Filing for compensation - the first and most important benefit is that you would know how to file for compensation, and for how much you could be entitled in your specific circumstances. Contrary to common belief you may not always ask for full compensation. Also, unless you file your claim correctly, you would risk its dismissal.
2. Filling in the right amount - just as it is important to know how you should file the claim to enhance your winning chances, it is also important to know the maximum you are entitled to claim according to the injuries you suffered. Reputed legal houses would be able to guide you not on how you should file your claim, but also on the maximum amount you could obtain as compensation for your disability.
3. Winning the claim - filing a claim is one thing; winning compensation in court is another. There are many interpretations of this particular law and it is very important that you have a leading attorney on your side to fight your case to win. It takes a lot of experience and in-depth knowledge of the law to ensure that you get what is due to you in the court.
4. Best negotiation skills - there are plenty of cases where the offender offers an out-of-court settlement. Here too, you would need expert legal counsel to get the most out of the proposed offer for you. The negotiations need to be conducted very skillfully to ensure optimal results for you.
5. Alternative options - depending upon the degree of injury and expenses incurred, your legal counsel could point you to various other alternatives whereby you could get the most in your present circumstances. In the event, your case is not strong enough to win in court; your attorney would inform you about such eventuality and save you from additional expenses and trouble.
As you can see, it is in your best interest to consult and hire the best available legal counsel if you want to get the highest possible compensation out of the offender who is responsible for your injuries and suffering. Unless you make the effort to seek out and engage the best available attorney in this particular field, you would find this task very challenging.

Stewart Wrighter has worked with a Henderson personal injury lawyer for an article he is writing on the topic of injury law suits. His son was hired to work with several Henderson personal injury lawyers recently. Article Source: http://EzineArticles.com/?expert=Stewart_Wrighter

What are the requirements for relocating with my children after my divorce?

In Florida,the relocation must be at least 50 miles away and for more than 60 days. The measure is from the last residence when an order was issued or when the pending action was filed. There is no pre-filing requirement, Now you file and serve a petition for relocation that has everything in it required by Florida Statute 61.13001(3). Of course, you can still do it by agreement. The other parent has twenty days to respond to the petition. . The petition has to be served just like the divorce or you can send it via restricted delivery, return-receipt. If no timely answer is filed objecting to the relocation, it will be presumed to be in the child's best interest and the court can issue an order adopting the proposed revised time sharing schedule without a hearing. There are new time frames. If a motion for temporary relocation is filed, the temporary hearing has to be held in 30 days (unless there is good cause) and the final trial must be within 90 days.

Need more info:

www.flcourts.org

 Please note that is not intended to replace the advice of legal counsel. This information is being provided by a Florida Bar license attorney. If you need legal advice or have questions . You should contact legal counsel.

Ten Things to Look for in a Family Attorney

This is a checklist of important factors in choosing an attorney to handle your divorce, custody, legitimation or other domestic relations cases, written by the lawyers at Rockhill Pinnick, LLP :I. Stays Calm.
Your attorney has to be able to stay calm and patient. Both sides in a divorce are usually far from calm, and the children, grandparents, and other people having to suffer the fallout from a divorce will be panicky as well. Your family lawyer should be able to deal with you in a calm, controlled manner. He should show patience with you and with the other side. Panicking rarely, if ever, solves a problem. 
II. Is Willing to Say No…. Even to You.
A good attorney is candid about your chances in obtaining an outcome on a particular issue. That attorney should also tell you if you are doing something wrong, or if you are wasting your time. Simply because a client wants something does not mean that it is the best thing for a client, or that it is the right thing to do. 

While some clients get upset when they find out that their attorney will not do everything that they are told, this is just the type of attorney that you should be seeking. Otherwise, your attorney will quickly get a reputation of asking for frivolous things or taking positions on issues that he knows the court will not adopt. That makes it tougher for that attorney to be successful on truly close issues. Also, you are paying good money for that attorney, and you deserve the best advice, not just what you want to hear.
III. Uses Technology.
Property division, pension allocation, child support issues, and many other matters relating to divorce and custody rely on software programs to make efficient, intelligent decisions. If your attorney is not up-to-date on these issues, and is still using pencil and paper to formulate a property division, he is behind the times. He should also be able to communicate with you by email, and discuss the opportunities and advantages of electronic communication when parents and children are living apart. If your attorney has not kept up-to-date on technical issues, it is unlikely that he has kept up-to-date on legal issues either.
IV. Knows the Playing Field.
Your attorney will not be able to predict the future. He will not always know how a particular issue will be decided. He should have enough experience with the judge, with the law, and with the other lawyer to intelligently analyze the probabilities.
If you are asking your attorney to travel to another county or jurisdiction, he should discuss with you what he knows, and doesn’t know, about the judges and lawyers in that area.
V. Puts Your Children First.
The client’s children need to be the number one priority for both the client and the attorney. No one should abuse, misuse, or manipulate the children in a divorce case. It is really that simple.
VI. Keeps His Eyes on Important Issues.
I once had an opposing attorney send me a letter vilifying my client, and demanding that I take action to make sure that my client (who was living in the marital home and had the family’s personal computer) immediately EMAIL her client’s resume to her. Given the fact that the woman was less than 25 years of age, I would have thought that she could probably remember where she went to high school, and what jobs she had held. This attorney was simply not willing to tell her client that this was not an important issue in the greater scheme of things, and that she should probably save her money for more important issues. Likewise, a client once asked me to file a contempt action after a final hearing in a divorce action. When the personal property was divided by the court, the client was to get a 60-foot garden hose from the side of the garage; he was certain that the garden hose’s disappearance was an intentional act to irritate him. I explained to him that it would have to be one heck of a garden hose to justify filing a contempt action, and again suggested that he spend his money in a more important area. An attorney who gets distracted in court by pursuing arguments about whether a bicycle should be in the mother’s home or the father’s home will not be as effective in front of most trial judges in dealing with the more important issue of where the child should be. 

VII. Is Open to Questions.
Your attorney should answer your questions. If he cannot, he should tell you why not. If you do not think that you are getting a fair answer to your question, then write him a letter or send an email. Frequently attorneys think that they have answered questions, but the client is still confused. Do yourself a favor and the attorney a favor and be sure to ask again. If you cannot receive an answer after that, then that attorney may not be for you. (Caveat: remember, your attorney cannot predict the future. If he could, he would be betting on football games in Las Vegas, not meeting with you at 4:30 p.m. on a Friday afternoon when the sun is shining, the fish are biting, and the beer is cold).
VIII. Makes a Good Presentation to You.
Remember, as a potential client, you are a potential boss. If an attorney does not behave, dress, and talk in a manner that provides good presentation to you, what makes you think he will do any better to a judge?
IX. Is Trustworthy.
In the popular media, sometimes people think the best lawyer is the one who is the sneakiest, or plays the closest to the edge of ethical, moral, or legal behavior. Resist the temptation to hire an attorney who acts like that. Judges will not let attorneys get away with that behavior for very long; opposing counsel will be much more difficult to work with (meaning you will be spending a lot more money); and ultimately you will have a more contentious divorce, with nothing to be gained to compensate you for the increased bitterness and expense.
X. Solves Problems.
If the attorney you are interviewing for hire simply talks in terms of winning and losing, get up and leave. By definition, every person going through a divorce suffers some loss, and certainly children are losers no matter what the outcome. What you want is an attorney who works to identify the problems and solve the problems. Solutions to these problems may come by counseling, a word of wise advice to you, patience, mediation, or possible trial in front of a judge. No options should be foreclosed. Five years after the divorce, you will not be able to remember who “won” or “lost,” but you will remember whether the divorce was too expensive, whether your financial settlement or division was extremely unbalanced, and how your children either suffered or survived after resolution of your case. An attorney who does not work to solve problems before going to court will not be a good family law attorney. "
SOURCE: DivorceNet.com

Posted at 09:15 PM in Attorney-Client Relationship | Permalink

How does Florida Law Protect the purchaser of a used vehicle?

The purchase of a used car is not protected under Florida's Lemon Laws, however, there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim. Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Florida has a version of the Uniform Commercial Code may provide you with a remedy. Lastly, the Truth in Lending Act and the Federal Odometer Act might also be valuable in obtaining lemon justice. Each of these laws may provide legal protection that may hold the seller of the vehicle liable if the car you bought is unsafe or in a bad condition.

Need more information:
Check out these helpful websites:
www.carlemon.com/lemon/FL_law.html
lemonlawflorida.info
www.yourlemonlawrights.com/​Florida-Lemon-Law.aspx


Please note that is purely informational and is not intended as legal advice. If you want legal advice it is best to contact a lawyer directly. this information is provided by a attorney licensed by the Florida Bar and graduate of St. Thomas School of Law.

What does it mean to be awarded shared parenting in a court proceeding?

Shared Parenting is the framework setup by the Florida Statutes for co-parenting between both parents after a divorce or a paternity case. Shared parental responsibility is a court ordered relationship in which both parents retain full parental rights and responsibilities and in which both parents confer with each other, so that major decisions affecting the welfare of the children will be determined jointly. The concept of shared parental responsibility is intended to protect the children’s right to an ongoing relationship with both parents. Although this setup is ideal and most preferred there are circumstances in which shared parenting will not work. However, when there is child abuse, family violence, or continuous parental conflict, the court may find that shared parenting would be harmful to the children. In such a case, the court may order sole parental responsibility, where only one parent makes decisions regarding the children. The court may also award one parent ultimate responsibility for decisions regarding a specific aspect of the child’s life such as education or religious upbringing.

Need more assistance:

http://www.trls.org/familylaw.html

http://www.flcourts.org/