What assets must go through probate in Florida?
According to Florida law, the assets that must go through probate include all real and personal property of the decedent, except the protected homestead (see below), within Florida and the rents, income, issues, and profits from it. This includes any property a...
What does relocation mean?
According to Florida statutory law, relocation means “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of...
What happens when you fall in a store?
According to Florida law, the outcome of a slip and fall case in a store can depend on a variety of factors, including the specific circumstances of the fall, the conditions of the premises, and whether the store had knowledge of the hazardous condition. For example...
What do you have to prove in a product liability case?
According to Florida case law, a product liability injury victim has the burden, whether their case is founded in negligence, breach of an implied warranty, or strict liability, of establishing that a defect was present in the product, that it caused the injuries...
Is proof of proper handling needed for a bottle injury case?
According to Florida law, in order for an injured purchaser to recover from injuries resulting from an exploded bottle, where product was purchased from a retailer, there must be proof that bottle was not handled improperly from the time it left the possession of the...
What is res ipsa loquitur in Florida?
According to Florida law, res ipsa loquitur is a rule of evidence that permits, but does not compel, an inference of negligence under certain circumstances: Res ipsa loquitur is a Latin phrase that translates “the thing speaks for itself.” Prosser and Keaton, Law of...
What Happens When Someone Dies Without Having A Valid Will?
According to Florida law, any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as intestate property: 732.101 Intestate estate.— (1) Any part of the estate of a decedent not effectively disposed of by will passes to...
Why publish a notice to creditors in summary administration?
Publishing a notice to creditors in summary administration can bar creditor claims when the creditor fails to file a claim within three months after the time of first publication or 30 days of receiving the notice directly. Additionally, publication reduces the amount...
Is A Widow Responsible For Her Husband’s Debt In Florida?
According to Florida law, a widow (surviving spouse) is not responsible for her husband's debt after his death. The personal representative of the husband’s estate (assuming probate is necessary, which may not be the case) is responsible for paying any valid, properly...
What Types Of Damages Can Be Recovered In A Defamation Suit?
According to Florida law, two types of compensatory damages can be recovered in a defamation suit, general damages and special damages: In determining the types of compensatory damages recoverable in a defamation suit, Florida law recognizes two classes: general and...