Probate for Plaintiff's Lawyers
Don’t let probate pitfalls jeopardize your wrongful death settlement.
Guardianship and minors
Minor settlements pose unique issues under Florida law.
Medicaid and Special Needs
Our attorneys have the knowledge and experience to protect client assets.
Charles M. David
Roseanne Nadine David
Because minor settlements netting more than $15,000.00 to the minor already require a guardian of the property (a different role than a GAL) to be appointed, the exception contained in section 744.3025(1)(e) is applicable more often than not.
Sometimes, families of developmentally disabled adults will execute Powers of Attorney to facilitate day to day transactions made on behalf of their disabled relative. Unfortunately, those Powers of Attorney are not legally valid, as the disabled principal lacks the requisite competency to execute the document.
While Florida’s Wrongful Death Act does not allow individual survivors to file separate wrongful death actions (only the personal representative has authority to file), Florida case law provides a right for individual survivors to hire separate counsel, and entitles that outside attorney to be compensated from the settlement.
Typically, when a family has lost a loved one and is consulting with your firm regarding a wrongful death lawsuit, a personal representative has not yet been appointed. In that circumstance, it is prudent to ensure that you are contracting with the party that has preference under Florida Statute section 733.301.
Probate firms with practices comprised of mostly non-settlement related cases may not have the requisite knowledge of Florida’s statutory settlement schemes and related case law to (1) protect settlements from creditors, (2) ensure efficient settlement approval, and (3) protect the interests of the injury firm securing the settlement.
Section 786.21 of Florida’s Wrongful Death Act provides a statutory framework for wrongful death claims, and outlines six categories of damages available to litigants. These categories are (1) lost support and services, (2) lost companionship and protection, (3) mental pain and suffering, (4) lost parental companionship, instruction, and guidance, (5) medical and funeral expenses, and finally, Read more about Designating Damages under Florida’s Wrongful Death Act[…]
Florida law protects “homestead” property from creditors both during the owner’s lifetime and after their death. Article X section IV of the Florida Constitution provides that individuals may own on piece of real property within the state immune from forced sale.
In administering the estate of a decedent, the Personal Representative is bound by fiduciary duty to the estate beneficiaries, and required by the court to file paperwork through an attorney.
Florida Probate Law Group has facilitated millions of dollars in wrongful death and child injury settlements. Why do injury attorneys turn to us to handle these important issues?
By keeping important dates calendared and filing required paperwork on time, attorneys can keep their guardianship cases running smoothly.