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Who initiates probate in Florida?

In Florida, the initiation of probate can be done by a variety of parties depending on the circumstances surrounding the estate. Generally, the personal representative (P.R.) named in the decedent’s will initiates probate by petitioning the court for appointment as...

What is the hardest issue to prove in medical malpractice?

Under Florida law, the hardest issue to prove in a medical malpractice case is causation. The reason is based on the requirement that the plaintiff must demonstrate that the defendant’s breach of the standard of care was the proximate cause of the damages...

Can a P.R. sell property without beneficiaries approving?

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...

What is the burden of proof for wrongful death in 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...

How do you know if you have a case for medical malpractice?

According to Florida law, in order for a claimant to prove medical malpractice, and win a medical malpractice lawsuit, the claimant must establish four key elements: 1) the standard of care owed by the healthcare provider), 2) the defendant breached that standard of...