In reviewing a trial court’s award of reasonable attorney’s fees for the prevailing party, appellate courts must look to the record to determine if “there is competent substantial evidence which supports the trial court’s order under the totality of the circumstances.” Raza v. Deutsche Bank Nat’l Tr. Co., 100 So.…
In Florida Patient’s Compensation Fund v. Rowe, the seminal 1985 case in Florida on prevailing party attorney’s fees, the Florida Supreme Court affirmed that when computing a reasonable attorney’s fee for the prevailing party in a case involving a contingency fee agreement, a significant factor to consider in the calculation…
Broadly speaking, there are two approaches to the payment of the winning, or “prevailing,” party’s attorney’s fees at the conclusion of litigation. In some countries outside the United States, courts follow the “English Rule” for determining who is responsible for paying the prevailing party’s attorney’s fees, where the losing party…
The creation and execution of a Last Will and Testament is often a formal, thorough process. The creation of a Will is best done with the advice and assistance of a lawyer, and the execution of a Will is also best done in the presence of that lawyer as well…
Chapter 732, section 802 of the Florida Statutes has a very ominous nickname: “The Slayer Statute.” So, what exactly does it mean and when does it apply? The Statute states “A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled…
The Florida Legislature has enacted a statute that recognizes every competent adult’s right to make decisions regarding their health, including the right to refuse medical treatment. Fla. Stat. § 765.102(1). Further, the statute specifically allows “a competent adult to make an advance directive instructing his or her physician to provide,…
A class gift is a sum of assets that is given to and divided among a group of beneficiaries. The beneficiaries of a class gift are a group that can be expected to expand or contract between the time of will execution and the testator’s death. A class gift allows…
Florida law defines “Disclaimer” as “the refusal to accept an interest in or power over property.” Fla. Stat. § 739.102(5). Further, Florida law states “A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person…
As with any other physical object, wills may be subject to being inadvertently destroyed or lost. Either scenario may cause a variety of issues for the nominated personal representative and beneficiaries of the decedent. Even when taking steps to safeguard the original of a last will and testament, such as…
In estate planning, the preparation of a will is a crucial step toward ensuring that your assets are distributed according to your wishes upon your death. However, circumstances, relationships, and intent may change over time, which may lead to the need to update, revise, or completely revoke previously drafted testamentary…