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Category: Blog

The Governor has signed a bill into law which creates a rebuttable presumption that equal time-sharing is in the best interest of the child, CS/HB 1301 - Parenting and Time-Sharing of Minor Children. What does this mean?

Navigating the landscape of high-net-worth divorces can be an arduous journey, layered with complexities and intricate legal stipulations. At the Daytona Beach-based Rice Law Firm, our team of seasoned attorneys are well-versed in handling the unique challenges that these high-asset divorces pose. This article will delve into five key elements of high-net-worth divorce proceedings, shedding […]

When facing a significant life transition such as divorce, choosing the right Daytona Beach divorce lawyer is a critical initial step. This process, often fraught with emotions, demands the guidance of a skilled and experienced legal advisor to help you navigate the intricate landscape of family law. This comprehensive guide aims to assist you in […]

Estate planning includes decisions related to healthcare. In Florida, living wills and healthcare surrogates are essential tools for ensuring that your medical wishes are honored when you cannot express them yourself. In this blog post, we will explore the purpose and significance of living wills and healthcare surrogates, highlighting their benefits and key considerations when creating these documents.
Both the Florida House and the Florida Senate this week passed in their respective chambers their versions of ‘Greyson’s Law’. This was approved with widespread support by the Florida Legislature in both the House and the Senate.
Florida legislators have approved significant reforms to Florida’s alimony law and SB 1416 will head to the Governor's desk for signature or veto. If the bill is approved by the Governor, it would have dramatic effects on the future of alimony awards in dissolution of marriage proceedings. However, it would not have retroactive application to previous awards ordered by the courts.
A will is a legal document that outlines how a person's assets will be distributed after their death. It is a crucial document for anyone who wants to ensure that their wishes are followed and their assets are distributed as they intended. However, the validity of a will can be called into question if it is not an original document. This is because there is a legal presumption that when an original will cannot be found (and was last in the possession of the testator) that it was intentionally destroyed. This presumption can have significant implications for the distribution of assets and may lead to a legal dispute, resulting in additional costs, delays, and stress for loved ones.
Over the many years that I have been a criminal defense attorney, I have heard from many, many individuals during the initial consults, “they didn’t read me my Miranda.” I then ask the person if they made any statements to law enforcement after being arrested about the situation or the crime they have been arrested for, and most times they say no, but they feel that in some fashion not being read their “Miranda Warnings” has an effect on the validity of the arrest.
Parenting and time-sharing agreements often encompass an array of topics which may arise when navigating the world of co-parenting. Often, the topics which come to mind first are time-sharing, child support, and parental responsibility. However, some of the less common issues can prove just as important when preempting disagreements and issues between the parties.
The third spousal right for discussion is “elective share.”  Absent a valid waiver of spousal rights, the elective share serves as a floor for inheritance. It presents a surviving husband or wife with the opportunity to make sure they receive at least thirty percent of the deceased spouse’s “augmented estate” or “elective estate.”  A keen reader may notice the absence of the phrase “probate estate.”  This is because the elective share applies to more than just assets that pass-through probate and which are controlled by a Last Will and Testament.  The augmented estate includes a large swath of assets, including property held in a revocable trust, jointly held property, property with a right of survivorship, and certain property transferred prior to death.