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 […]
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 […]
What is the difference between assault and battery?
In Florida, the terms assault and battery are often times confused by lay people. A battery is a touching of the person, a physical contact with that person that’s either unwelcome or that hurts them. Okay, and an assault is basically a threat to do that. The threat itself is the assault. If I threaten […]
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 […]
What is probate?
It’s a court-supervised process whereby a personal representative would identify and gather the assets of the decedent and would pay the decedent’s debts and distribute any remaining assets to the beneficiaries. Got additional questions or need Legal Advice in Panama City, Florida? If you have a legal issue and would like to speak with Attorney […]
What are probate assets?
Probate assets are assets that are in the sole name of the decedent such as if he only had a house that was in his name, he was not married. That would be an asset that would have to go through probate. Got additional questions or need Legal Advice in Panama City, Florida? If you […]
What are my rights if I am stopped, searched, or arrested by the police?
Under the Constitution, you have the right to be protected from unreasonable searches and seizures from your person. That would cover a stop, a search, or an arrest by the police. Under these circumstance, if you are stopped or if you are arrested, if you’re searched, you have the right to remain silent during the […]
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 […]
What is burglary?
In technical terms, under Florida law, burglary is the entering into or the remaining within either a dwelling or a structure or a conveyance, like a car, without permission and with the intent to commit a crime there. The crime can be anything other than trespassing. Going into a place with the intent to just […]