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Orlando Probate & Estate Administration Law Blog

Partnership disputes require careful handling

Going into business with another person enables you to each draw off of the other person's strengths. While many partnerships start off well, there are times when things take a turn for the worse. In these cases, it's imperative that you take steps to resolve the issue in a way that protects the company.

One of the most important things you can do is to set the conflict resolution methods in the partnership agreement. Even if you don't think you'll have to use them at the start of the partnership, it's better to have them ready if the need arises.

Understanding the Uniform Enforcement of Foreign Judgments Act

The Uniform Enforcement of Foreign Judgments Act (UEFJA), known in Florida as the Florida Enforcement of Foreign Judgments Act, helps states to work together when it comes to the enforcement of judgments across state lines. It can be particularly useful for those who are owed money, but it may also be useful to those engaged in a business contract dispute or a property dispute.

Forty-seven states plus the District of Columbia follow the UEFJA. Florida is one of these states. If you are owed money by someone who is living out of state or has assets out of state, you may need the assistance of the UEFJA to successfully gain back what you are owed. The following is an overview of how the UEFJA can help you to enforce your judgment.

How do judgments from other states apply in Florida?

Having to take a client to court to get the money you're due is an infuriating experience since you probably had good faith that you would get the money you were due. One issue that some businesses come across when they need to collect is that the other party doesn't live in the same state as the court that made the judgment. This makes it a little more difficult to collect the judgment.

The Uniform Enforcement of Foreign Judgements Act (UEFJA) establishes a way for you to get what you're due. Despite the term "foreign" in the name, this act doesn't have anything to do with another country. Instead, it means that the judgment comes from another state.

Dealing with financial stress after a car accident

Being involved in a car accident can lead to your going through a huge amount of stress and worry. You'll probably have injuries to attend to and, therefore, be concerned about your physical health. You may also be unable to return to work immediately after the incident, and you may face pressure to return to work, while at the same time losing wages and worrying about your financial situation.

It is important that you take a step back from your situation and consider what you may be able to do to reduce your stress. Being chronically stressed and anxious about finances is not only bad for your physical and mental health, but it can actually prevent you from looking at the situation objectively and using your problem-solving skills. The following are some ways to deal with financial stress after a car accident in a productive way.

Creating a guardianship for a minor

Guardianships help to manage a person's financial life through the authority of a legal guardian. This person can make legal decisions on their behalf, including decisions relating to finances and medical care. In most cases, people who benefit from guardianships are disabled or incapacitated adults. For example, an adult with autism may benefit from a guardianship, because it will enable parents to help manage their finances for them.

A guardianship for a minor might be necessary when they do not have a parent who is qualified to make decisions on their behalf, or if they have inherited a large sum of money. When a guardian is put in place, they can make decisions in the best interests of the child. If you are considering becoming the guardian of a child, the following are some things that you should be aware of.

Help! I need to dissolve my business partnership

Ten years ago when you and your brother-in-law decided to open up a business together, you never dreamed the day would come when you would have to dissolve the partnership.

But, things have changed. Your sister divorced him due to an escalating addiction to prescription pills and he continued spiraling down that rabbit hole. You can no longer trust him to uphold his end of the partnership duties.

Breach of fiduciary responsibility must be handled properly

One of the duties that a person has when they're setting up their estate plan is naming a person to handle the estate after their death. The administrator of the estate has various things to do, including making sure that the bills for the estate are paid and that the assets are distributed in accordance with the decedent's wishes.

When a person places someone over their estate, they assume that the individual will do what they are supposed to do. They likely don't assume that there will be any issues with the person's conduct or how they handle the estate.

Why do siblings so commonly fight over inheritance?

The loss of a parent means that children go through a wide range of emotions. They will likely experience denial and disbelief, anger, blame, depression and guilt. These unsettling emotions can manifest themselves in different ways, meaning that in many circumstances, arguments break out between siblings.

While the heightened emotions of the grieving process can add to the likelihood of disputes, there are also some situations that make the probate process and gaining inheritance even more complex. The following are some specific reasons why siblings often fight over inheritance.

Can I exclude stepchildren from my will?

If you are a surviving spouse and you have stepchildren from that marriage, it is likely that your late spouse wanted your will to include them. During your spouse's lifetime, you may have even discussed setting up a trust in which all of your children and stepchildren are named as beneficiaries.

If you did not set up a trust in your spouse's lifetime, it's probably the case that you have complete control over what happens to your assets and the assets you inherited from your spouse at the end of their life. While it may have been expected of you to leave assets to your stepchildren, you may, for one reason or another, no longer want to. The following are things that you should consider in this scenario.

What does it mean to die intestate?

Most people die with some form of estate plan in place. They may have written a simple will, or they may have extensive estate plans in place that include several trusts. However, when a person dies without any form of estate plan in place, it means that they were never able to formally state their wishes during their lifetime. This is referred to under the law as dying intestate, or simply known as intestacy.

If your loved one has recently passed away without an estate plan, the assets that they left behind must be processed according to the laws of intestate succession. The following is an overview of key things that you should know if your loved one has recently died intestate.

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