What is it? Wrongful or Tortious Interference with a Testamentary Expectancy arises in situations where someone tortiously interferes with the estate planning of another. Florida first recognized it as a viable legal theory in 1966 that authorizes the injured beneficiary to file to what amounts to a derivative lawsuit for the recovery of damages. The public policy…
Continue reading ›Trust Contests are treated the same way as Will Contests in a lot of ways, but there are some significant differences between the two. The Florida Trust Code, F.S. Chapter 736, governs most trust matters. Execution of Trusts and Resulting Enforceability For a Trust to be enforceable, it must generally be executed by the settlor in…
Continue reading ›What is a Declaratory Judgment? A declaratory judgment is a legally binding judgment entered by a court that to acts to resolve legal uncertainty between the parties. As part of a declaratory judgment, a court rules on and affirms the rights, duties, or obligations of one or more of the parties to the dispute. For example, contractual…
Continue reading ›Attorney Spotlight Edition From Partnership to Discovering His Own Path Ormond Beach, Florida — Florida-based law firm Law Offices of Andrew J. Pascale, P.A. is owned and operated by Andrew J. Pascale. Andrew demonstrates a sharpened ability to efficiently identify and resolve client matters. “I’ve known Andy for ten years or more and his work ethic…
Continue reading ›Claims for money lent under Florida law can arise when loaning money from one person to another person for a specific purpose and the borrower failing to repay as agreed thereafter. A claim for money lent is relatively simply and is comprised of: What does a complaint for money lent look like? Plaintiff, A. B., sues…
Continue reading ›Both civil assault and battery are voluntary and intentional acts. In some cases, those who sustained injuries from an intentional act may seek financial compensation from their offenders. Per Florida law, assault and battery victims may file a civil claim against the at-fault party like victims of traffic accidents, slip-and-falls, or other accidents in which…
Continue reading ›What is a Notice of Intent to Accelerate/Default Letter? You open the mail and there it is. A letter from your bank informing you that it plans to accelerate the ENTIRE balance of your mortgage loan for nonpayment. It is important to understand that before your bank can foreclose on you, it is often required to first…
Continue reading ›What is a Cease & Desist Letter? A cease-and-desist letter is a type of demand letter that serves as a warning and is usually prepared by an attorney. Its purpose is to demand that a party refrain from doing what often amounts to an unlawful act and warns that their failure to do so will result…
Continue reading ›The Timing of the Will Contest is Important lawsuits contesting a will or for its revocation may not be started until after the maker of the will dies per F.S. 732.518. How the Will was Executed Matters A starting point in any action to contest a will is to look at the execution of the…
Continue reading ›How do I start a lawsuit? A lawsuit also known as a case is a legal action filed in court to settle legal disputes among parties. Often the plaintiff is seeking money, costs, interest, and attorney fees from one or more defendants. Although it is generally not necessary to to have an attorney to file a…
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