How long does an executor (P.R.) have to distribute assets?
According to Florida law, an executor (a/k/a "Personal Representative") has a duty to promptly settle an estate and make distribution of the assets to the beneficiaries: It is contended that the law makes it the duty of an executor to promptly settle an estate and...
What is a strict liability design defect in Florida?
According to Florida law, to succeed on a claim of strict liability based on a design defect, the plaintiff must prove that the product is defective or unreasonably dangerous: To succeed on either state law theory of liability—strict liability or negligence in...
What are the elements needed to prove strict liability?
According to Florida law, there are five elements for a strict product liability action that must be proved by a preponderance of the evidence (1) the item sold is a product (2) it was produced by a manufacturer (3) it was defective or created an unreasonably...
What is the essential requirement for strict liability?
According to Florida law, strict liability claims are based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the defective product in question through the stream of commerce: Plaintiff...
How do you warn someone about danger related to a product?
According to Florida law, warnings should contain wording that directs the reader to the significant dangers arising from failure to use the product in the prescribed manner, such as the risk of serious injury or death: Additionally, “a manufacturer has a duty to warn...
What is the purpose of a petition to determine homestead?
According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property: Generally, petitions to determine homestead are...
Can a Personal Representative run a decedent’s corporation?
According to Florida law, the affairs of a corporation, even if substantially owned by a decedent, cannot be administered by the decedent's executor as assets of the decedent's estate: The District Court of Appeal held, and we agree, the language of Central Farmers...
What assets must go through probate in Florida?
According to Florida law, the assets that must go through probate include all real and personal property of the decedent, except the protected homestead (see below), within Florida and the rents, income, issues, and profits from it. This includes any property a...
What does relocation mean?
According to Florida statutory law, relocation means “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of...
What happens when you fall in a store?
According to Florida law, the outcome of a slip and fall case in a store can depend on a variety of factors, including the specific circumstances of the fall, the conditions of the premises, and whether the store had knowledge of the hazardous condition. For example...