Florida Probate Blog

Bo Diddley was an American music icon that inspired the likes of the Beatles and the Rolling Stones. While Bo’s original sound left an indelible mark on contemporary music, he struggled to find mainstream recognition for his contributions during his lifetime, sometimes feeling victimized by the 1950’s record companies that embraced his style but repackaged…

Florida courts have recently become strict regarding the enforcement of court approval requirements for global settlements involving minors in Florida. At Florida Probate Law Group, we make sure probate and guardianship issues do not delay settlements for injury firms. Most injury attorneys know that a child injury settlement over fifteen thousand dollars triggers Florida’s complex…

For disabled clients, asset sensitive programs such as Medicaid and SSI can be lifelines providing thousands of dollars in assistance per month. When benefits are lost after a settlement, medical and living expenses that were previously covered by the government quickly drain the client’s bank account, negating the benefit of their settlement. Fortunately, federal law…

ERISA liens on child settlements are not always required to be paid, and our firm is here to help. At Florida Probate Law Group, we strive to deliver child injury settlements free from unnecessary liens in order to maximize your client’s recovery. Burdensome ERISA liens in child injury cases are vulnerable to being negated through…

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…