In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent’s will or in accordance with Florida...
According to Florida law, the burden of proof generally requires the plaintiff to establish it is more likely than not that the death was caused by the defendant’s negligence: In negligence actions Florida courts follow the more likely than not standard of...
According to Florida law, in order for a claimant to prove medical malpractice, the claimant must establish four key elements: 1. Duty of Care: A claimant must prove there is a duty of care owed by the healthcare provider. This duty is defined as the requirement for a...
According to Florida law, an executor (a/k/a “Personal Representative”) has a duty to promptly settle an estate and make distribution of the assets to the beneficiaries: It is contended that the law makes it the duty of an executor to promptly settle an...
According to Florida law, to succeed on a claim of strict liability based on a design defect, the plaintiff must prove that the product is defective or unreasonably dangerous: To succeed on either state law theory of liability—strict liability or negligence in...
