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In: Probate Litigation

The probate process leans a great deal upon the competence and impartiality of the estate’s personal representative. As such, it is important that if a personal representative is incompetent or clearly biased, they can be replaced with someone who will do a better job. Who is the Personal Representative in Florida Probate? After someone dies, a Florida court appoints a personal representative to oversee debt payments and asset distribution of the decedent’s estate. Typically, the personal representative is named in the decedent’s will or is a surviving spouse. However, there can be circumstances in which the personal representative stands to “endanger” the decedent’s estate duringRead More →

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In: Personal Injury

In the state of Florida, some personal injury cases take a couple of months, while many can take a few years to settle. Each personal injury claim is different, but the average personal injury case takes one to two years to complete. If you or someone you love was injured as a result of someone else’s negligence, it is important that you speak with a personal injury attorney right away. These cases can take longer than expected and could get rather complicated. However, an experienced attorney will be able to help you see the bigger picture and receive the best possible outcome with regards toRead More →

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In: Auto Accident

An accident involving a semi-truck can lead to extensive injuries and damage. Medical costs and reduced quality of life are common outcomes following a semi-truck accident. You must understand your rights in the state of Florida if you’ve been injured in an accident involving a semi-truck. How Often Do Semi-Trucks Cause Accidents? Each year, around 5,000 non-truck drivers die in accidents involving semi-truck drivers and thousands more are injured in these road accidents. Due to the size and weight of semi-trucks, it is rare that these accidents only involve one other car and crashes usually involve several vehicles. In addition, due to the size andRead More →

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In: Personal Injury

Did you know that fewer than 1% of all Florida attorneys are board certified? Board certified attorneys have a leg up in the industry, and those that achieve this designation, like those at Balkan and Patterson, are among the leading attorneys in the state. Here’s what it takes for attorneys to become board certified and how that can give you a major advantage in your case. What Does It Mean for a Florida Attorney to be Board Certified? The short answer is that only the most knowledgeable and experienced attorneys can get board certified. These attorneys go above and beyond meeting bar exam requirements andRead More →

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In: Auto Accident

Car accidents are more common in South Florida than in other parts of the United States. As such, it is important that local drivers know what to do should they be involved in a car accident. Here is our quick list of the four things you should do right after a car accident. If you neglect one of these things, you may find yourself paying expenses out of pocket or even becoming the target in a personal injury lawsuit. 1. Check to See if Anyone is Hurt If possible, move your vehicle to the side of the road and check to see if anyone isRead More →

Did someone exercise undue influence upon the individual by drafting a new will?

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In: Probate Litigation

Undue influence refers to the allegation that someone other than the deceased manipulated the contents of a will. It is one of the more difficult accusations to prove because one key witness, the deceased, is absent. However, there have been numerous cases where a judge ruled in favor of the allegation. The key is being able to demonstrate undue influence with both circumstantial and direct evidence. What is Undue Influence? Undue influence occurs when someone exercises enough control over the deceased to benefit from the contents of the will in a way that does not reflect the true desires of the deceased. Suspicion usually arisesRead More →

Can I Sue for a Misfilled Prescription?

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In: Medical Malpractice

Few things are more tragic than injuries resulting from medical malpractice. One fairly common form of medical malpractice is a misfilled prescription and/or pharmacy malpractice. Misfilled prescriptions constitute negligence, and those injured as a result of misfilled prescriptions may sue the parties responsible. While doctors and pharmacists may be guilty of negligence in a misfilled prescription case, most misfilled prescription cases result from neglect within the pharmacy. There are numerous regulations that pharmacists are required to uphold and any laziness or neglect in the process can have devastating health consequences for patients. What Constitutes a Misfilled Prescription? An allegation of a misfilled prescription must beRead More →

Did someone exercise undue influence upon the individual by drafting a new will?

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In: Probate Litigation

Often during the execution of a will there is the discovery of a new will, which may formally change the significant beneficiaries. For example, a new will may significantly decrease an awarded share of the deceased estate and award that portion to another. In such cases, someone may have exercised undue influence upon the individual by drafting a new will. But setting out to prove undue influence is not a hard science. However, understanding a few basic realities about Florida probate court and undue influence will help you with the next steps. 1. Undue Influence is Proven by Circumstantial Evidence. While forensic evidence would notRead More →

how can I collect my Florida Inheritance?

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In: Probate Litigation

Florida inheritance law exists to protect your inheritance, whether or not you reside in state. In the event of death for a Florida citizen, probate law (also known as estate law) insures that wills are valid and properly carried out. One’s net worth consists of more than bank accounts. For example, if the deceased owned property (or the house they lived in), estate law must make sure that ownership transfers rightfully. The same is true for retirement accounts and other assets. Each probate process can go a little different. Not every Florida resident has a will, and there are the unfortunate cases where the deceasedRead More →

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In: Auto Accident

Car accidents are not usually synonymous with court trials—and for good reason. The majority of car accident cases will be settled before a lawsuit even gets filed, so there is no reason to attend a court case. Unfortunately, though, there are many instances where a car accident will lead to a court case and those involved will have to attend a trial. Car accidents that lead to trials often include cases where those involved do not agree on who was at fault, to what extent each was at fault or how much compensation should be awarded. An accident case may also land on a judge’sRead More →