Chapter 744 of the Florida Statutes outlines the procedures for having someone declared legally incapacitated and appointing a “guardian” to make some or all decisions for the alleged incapacitated person (referred to as an “AIP”). This process is known as “involuntary guardianship.” The process begins when the person alleging incapacity files in Circuit Court both a petition to determine incapacity and a petition for the appointment of a guardian. READ MORE
Month: August 2018
Florida Business Litigation: Limited Partnership, Limited Liability Partnership, and Limited Liability Limited Partnership. What is the difference?
August 29, 2018A limited liability partnership (an “LLP”) offers a major advantage to a common law partnership, in that partners in a LLP are not personally liable for the LLP’s obligations. A LLP is governed by the rules of the Revised Uniform Partnership Act (“RUPA”), except that, if a limited liability partnership also is a limited partnership, the Uniform Limited Partnership Act (“ULPA”) will govern all issues dealing with the limited partnership. READ MORE
Florida Probate & Estate Litigation: Invalidating a Will Due to Lack of Capacity
August 9, 2018Capacity usually refers to a natural person’s legal ability to make binding agreements relating to their rights, duties, and obligations, such as entering into contracts, getting married, or executing wills. For example, minors lack the capacity to enter into binding contracts and to execute wills, and certain mental conditions may render a person incapable of testamentary capacity. Agreements made by persons who lacked capacity can be either void (invalid from the beginning) or voidable (capable of being invalidated). In the area of probate, trusts, and estates, testamentary capacity is an important concept to keep in mind when trying to affirm the validity of a will or to attack its legality. READ MORE
Infographic: Consider These Things Before Hiring a Fort Lauderdale Trust Litigation Attorney
August 27, 2018The infographic below explains what to look for in a trust litigation attorney. The best way to financially protect an elderly individual is by establishing a trust. However, they may be invalidated by a court if the trust instrument was executed based on another’s undue influence or at a time when the decedent lacks capacity. READ MORE
Florida Business Litigation: Duties Owed by Directors & Officers
August 22, 2018A corporation usually consists of its shareholders, board of directors, and officers. Shareholders—i.e., those who own the stock of the corporation—generally have no right or power to manage the business directly, although, in limited circumstances, they may be vested with certain management powers in the corporation’s articles of incorporation. The main way shareholders manage the corporation is by electing the Board of Directors. The Board, in turn, is responsible for the major decisions that the company takes, such as the hiring and firing of officers, whether to declare dividends, whether to issue stock, and so on. The board of directors usually delegate much of the day-to-day tasks of running a business to officers and directors whom they hire. READ MORE
Florida Probate & Estate Litigation: Invalidating a Will Due to Undue Influence
August 9, 2018Families are often a source of great joy in our lives, but there may be times when family matters may cause us unnecessary and unpleasant grievances. This is especially true when it comes to money. Older family members pass away, at times leaving a large estate behind for the survivors to argue over. The manner of distribution of a decedent’s estate can be determined by a valid will or, when none exists or a will is considered invalid, by the laws on intestacy. READ MORE
