What is considered child pornography?
In Florida any image or video or the depiction that contains a minor that is sexual in nature is considered child pornography. Now whether it’s sexual in nature is typically a question of fact for the person that observing it or for a jury or what have you. But usually any depiction of the naked […]
What is a trustee?
A trustee is a person that is either appointed by the person creating the trust or by the court itself to administer a trust. A trust is just basically a legal entity which can hold property and conduct business independent of any singular person. A trustee is charged with the duties of maintaining the property […]
Does a trustee get paid for their duties?
Under Florida law, a trustee is entitled to be compensated with a reasonable fee for their duties. What is reasonable is oftentimes something that’s either left up to the courts or for the individual parties to determine. But, the trustee is entitled to a fee or compensation for the services rendered. Got additional questions or […]
What is sexual battery?
In Florida, sexual battery is often termed as rape. And that’s basically the unwilling or non consensual sexual conduct. If one party performs some sort or sexual touching or conduct against another party and that party has not given consent, then it’s a sexual battery. And essentially, battery is just an unwanted touching, of any […]
Do I need to file tax returns for the estate?
Florida does not impose on a state tax or an inheritance tax on the descendant’s estate. However, depending upon the value of the estate, federal taxes may be imposed. Got additional questions or need Legal Advice in Panama City, Florida? If you have a legal issue and would like to speak with Attorney Albritton or […]
What do testate and intestate mean?
Testate means that a person passed away, leaving a will behind that the court can then probate and use that as a guide to administer the person’s estate or the property that they leave behind. Intestate means that that person died without a will. Therefore, the statutory or the lawful intestacy scheme is set up […]
How do prosecutors prove that I downloaded the child pornography?
Prosecutors are able to prove a case for downloading child pornography in a variety of ways. There can be witnesses to it, or the electronic evidence itself can be embedded in the image or the pornography that was alleged to have been downloaded. There’s something called metadata that’s present in all electronic files. And that […]
What is statutory rape?
Statutory rape is a concept that involves consensual sexual intercourse or sexual conduct between a person who is under age, under the age of 18, and a person who is not. That statutory rape can take various forms, depending upon the difference in ages and the age of the non-consensual minor, the person that’s under […]
The decedent owed me money. How do I file a claim against the estate?
You basically would file a claim against the estate. The personal representative of the estate would either acknowledge the claim and pay it or object to it. If the personal representative objects to the claim, then you would have to file an independent action against the estate within 30 days. Got additional questions or need […]
Do I need an attorney to handle an estate?
Probate is one of the areas of the law that I would highly encourage a legal representative to be retained. An attorney for the personal representative of the estate is almost essential because there are numerous areas of the probate code that need to be complied with in order for the estate to be successfully […]