Florida Probate Blog

Special needs trusts for injury settlements can be a life saver for your clients. Recipients of need based government benefits require special consideration when receiving settlements in personal injury cases. A sudden influx of cash will leave a Medicaid/SSI recipient ineligible for benefits, resulting in a quick evaporation of their settlement funds as medical treatments…

Child settlements requiring a guardian ad litem in Florida can slow down the resolution of a case, however it is possible to have this requirement waived. In many child injury claims, it is within the court’s power to require a guardian ad litem to submit an opinion on the adequacy of a proposed settlement. While…

Individuals lacking the capacity to execute legal documents cannot sign releases settling claims against tortfeasors. 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…

In a previous blog article, I opined on the importance of identifying and signing up the future personal representative of a decedent’s estate when accepting a wrongful death case. However, you may find yourself in a position where the future personal representative has retained another firm, while a separate survivor entitled to damages seeks to…

Our firm is sometimes brought into a case after another probate/guardianship firm has begun the estate administration or guardianship process, but has not been able to competently usher a settlement through the various obstacles associated with child injury and wrongful death cases in Florida. I have been shocked by “normal” probate attorneys neglecting to protect…

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. This protection inures to the heirs of the property owner, effectively protecting a piece…

Administering Florida Estates – The Job of the Personal Representative Personal Representatives of Florida estates are officers of the court relied upon to achieve three principle ends: Pay Estate Debts Distribute Estate Assets to Beneficiaries and Heirs Litigate on behalf of the Estate In administering the estate of a decedent, the personal representative is bound…

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? Protecting Client Funds We are experienced in defeating liens and claims in wrongful death cases. Sometimes, plaintiff’s attorneys ask us “are you sure this is legal?” the…

When a guardianship is secured, a bevy of new responsibilities arise, which, if left ignored, will raise the ire of the Circuit Court and land both the Guardian and their attorney in front of an annoyed Judge. By keeping important dates calendared and filing required paperwork on time, attorneys can keep their guardianship cases running…

Due Diligence for Personal Injury Attorneys Handling Minor Settlements and Wrongful Death Cases Success, in so much of the work we do as attorneys, rests on how prepared we are. Handling a personal injury case involving probate and guardianship is no different. Even the best civil trial attorneys can find themselves in a nightmare when…