La'Rae H. Hendrix P.A.

January 2018 Archives

Probate litigation common in estate planning for step families

With a large population of seniors, Florida gets a substantial number of decedent estates for administration in its courts each year. A small portion of those matters will require probate litigation for the sake of resolving intractable family disputes. Many of the disputes arise among a decedent's children and their stepmother, concerning issues of favoritism and undue influence during estate planning.

Pedestrian fatalities increase, growing concern

A Florida man was struck and killed earlier this month while walking or standing in traffic during night time hours in Orange Park, becoming the latest pedestrian fatality in our state. Pedestrian injuries and fatalities have steadily increased through the years, alarming city and community leaders, safety experts and the public.

Nursing home may be liable for personal injury, death to resident

Florida's climate and natural resources make it a haven for retirees and senior citizens. The state also has many nursing care facilities and medical assets to care for incapacitated elderly persons. Like in all states, however, a problem exists regarding nursing homes that fail to provide adequate care for their residents. When personal injury occurs to a resident due to staff negligence or abuse, the nursing home will likely be liable for economic damages to the resident or to a deceased resident's estate.

Family law negotiations do not have to be adversarial

Florida domestic relations procedures are similar to those that are implemented in most of the other states. Although one may have a family law attorney leading the negotiations for a divorce settlement, the client must understand the basics and participate in the process to obtain a successful result. In current practice, where the spouses agree, it may be possible to engage in a mediation or other collaborative law procedure as opposed to a contested divorce.

Do not overlook your needs when making your estate plans

When creating your estate plans in Orange Park, you may become so focused on leaving your loved one an inheritance that you overlook the most important person in the process: yourself. There is nothing wrong with looking out for your family members and doing what you can to ensure they receive your assets and legacy when you die. But if you do not make provisions for yourself that will protect you if you live longer than you expect and fall ill, you could end up needing their inheritances for yourself. 

Estate planning mistakes can reverse one's intentions

There are a number of mistakes that one can make along the way to getting an estate plan in place and functioning properly. The most obvious mistake is to fail to do it. Putting off the initiation or completion of the estate planning process gets the individual no protection whatever. If one dies without a will in Florida, the state will administer a set of rules stating who will inherit and how much, which may not be what the decedent would have desired.

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