How does a formal and summary administration differ?
According to Florida law, a Summary Administration and Formal Administration are two distinct probate administrations differentiated by their complexity, cost, and the size of the estate. The key distinction lies in the estate's value and the necessity for a more...
How do staffing shortages cause home care negligence?
Staffing shortages can indirectly contribute to the risk of home care negligence in a variety of ways, including, but not limited to, increased likelihood of mistakes (i.e. medication errors, failure to follow treatment plans, etc.), insufficient oversight of care...
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 claimed....
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 statutory...
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 causation...
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, 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...
How long does an executor (P.R.) have to distribute assets?
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 estate and...
What is a strict liability design defect in Florida?
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...
What are the elements needed to prove strict liability?
According to Florida law, there are five elements for a strict product liability action that must be proved by a preponderance of the evidence (1) the item sold is a product (2) it was produced by a manufacturer (3) it was defective or created an unreasonably...