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What do I do with my deceased spouse's will?

According to Florida Law, a custodian of a will must deposit the will with the clerk of court having venue of the estate of the decedent within 10 days after receiving information that the will maker is dead.  Upon notice and peitition, a custodian may be compelled to produce and deposit the will.  All costs, damages, and a reasonable attorney's fee shall be adjudged to the petitioner against the delinquent custodian if the court finds that the  custodian had no just or reasonable cause for failing to deposit the will.  If you are in possession of a decedent's will, please call our Fort Myers  probate attorneys so that you can be assured you are compliant with the law.

Financial Exploitation of the Elderly - Defense is the Best Offense

Financial exploitation of a person with diminished capacity is an increasingly growing threat in Florida, especially areas with large elder populations such as Fort Myers and Cape Coral.  While there are remedies available, Sunshine State Law Office believes that defense is the best offense when it comes to protecting your family and close friends.

The Florida Legislature adopted the Florida Adult Protective Services Act to battle abuse, neglect, and exploitation.  The Act established social services and criminal investigations as well as authorizing The Department of Children and Family Services to contact law enforcement.  However, recent court cases have held that it is not the public policy of Florida to protect an adult with diminished capacity from the undue influence of others.   

Therefore, it may be prudent to seek an attorney at Sunshine State Law Office who has experience in drafting legal instruments such as a revocable or irrevocable trust.  These tools, among many others, can provide for the security and legality necessary to protect your loved ones.  Call for a free consultation to speak with a lawyer about the options available.  For more information visit the Department of Children and Family Services website here.

 

 

SOCIAL MEDIA & JURY SELECTION

The American Bar Association has recently sanctioned the use of mining social media websites in jury selection.  In a formal opinion letter the ABA states that unless limited by law or court order, a lawyer may review a potential juror's Internet presence in advance of or during a trial.  

The reason is simple, according to the ABA: "There is a strong public interest in identifying jurors who might be tainted by improper bias or prejudice."  

This may become standard practice across the country and in Fort Myers as lawyers seek to select jurors who are increasingly immersed in cyberspace.  For more information you may call an attorney in Fort Myers at the Sunshine State Law Office or visit the ABA's formal opinion letter here: http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/formal_opinion_466_final_04_23_14.authcheckdam.pdf

Florida Business Law Updates

***IMPORTANT NOTICE REGARDING FLORIDA LIMITED LIABILITY COMPANIES***  Effective January 1, 2014, Chapter 608, Florida Statutes will be repealed and Chapter 605, Florida Statutes will be in effect. Please refer to the Florida Department of State website at www.sunbiz.org for the appropriate forms. Documents received after January 1, 2014 must comply with the new law.  If you need assistance, feel free to call Sunshine State Law, PLLC to speak with a Fort Myers business attorney.