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Frequently Asked Questions

Wills & Probate

Should I hire a lawyer for Florida probate case ?My mother died, leaving my father a widower. They owned everything jointly. The bank accounts are in joint names, as is their house, and her insurance and IRA both list Dad as the beneficiary. Does anything need to go through probate?How long does Florida probate take to finish?Do all estates in Florida have to go through “full-blown” probate?Why can’t I just record the Will to change the title to my parent’s property in Florida?My father died recently. He left a will with my mother as sole beneficiary. We thought we did not need to go through probate, as everything was held jointly by the two of them, or named her as the beneficiary. We have now found that one checking account was not set up jointly, an obvious bank error. Now this checking account is frozen. What needs to be done? What if my father left no Will when he passed away?What if there are not enough assets in the estate to pay all of the decedent’s debts?My dad put my name on his checking account so that I could sign checks for him. Now that he is dead, the bank says that I can withdraw the money. Is that right?My mother left everything to my sister and nothing to me. Can she do that?My grandmother owed her house when she passed about twenty years ago with no Will but no probate case was ever done. My aunt is living there and paying the property taxes. Is that permitted?Is it ever “too late” to start probate? In Florida, do I have to prove my spouse is at fault in order to get divorced?Can I file for a legal separation while we try to work out our problems or await a divorce?What should I do to prepare myself if I am contemplating a divorce?What kinds of issues will be addressed in the divorce proceeding?When is a divorce considered “uncontested?”How does the court decide division of marital assets and marital debts?How does the court determine custody of children?How does the court determine visitation with minor children?How is child support determined?When does the court award alimony or spousal support?When does the court award alimony or spousal support?What is “mandatory disclosure” in a dissolution of marriage case?Who pays for the attorneys’ fees and costs in a divorce case?Will my divorce case go to mediation before it is heard by the court?How do I find an experienced family law attorney?What is business law?I am an entrepreneur looking to start up my business. What business formation should I be looking into?What are the differences between subchapter C and S corporations?What types of legal procedures should corporations maintain?What are the possible consequences of personal liability for business debts and obligations?What is "piercing the corporate veil?"In Florida, do I have to prove my spouse is at fault in order to get divorced?Can I file for a legal separation while we try to work out our problems or await a divorce?What should I do to prepare myself if I am contemplating a divorce?What kinds of issues will be addressed in the divorce proceeding?When is a divorce considered “uncontested?”How does the court decide division of marital assets and marital debts?How does the court determine custody of children?How does the court determine visitation with minor children?How is child support determined?When does the court award alimony or spousal support?What is “mandatory disclosure” in a dissolution of marriage case?Who pays for the attorneys’ fees and costs in a divorce case?Will my divorce case go to mediation before it is heard by the court?How do I find an experienced family law attorney?How should an employer respond to an ADA request for accommodation?What should an employer do if it suspects that an employee performance problem is caused by a medical condition?Must an employer give employment references?What should an employer do if it receives a complaint of harassment?Should an employer have a written anti-harassment policy?Must an employer perform formal performance reviews?May an employer convert some or all of its employees to independent contractors and thereby avoid paying employment-related taxes and benefits?Under the Family and Medical Leave Act, when may an employer refuse to allow family or medical related leave or refuse to reinstate an employee after such leave?