Recent Blog Posts
Children & The Fair Housing Act
The federal Fair Housing Act (FHA) prohibits discrimination based on a person’s membership in a protected class – race/color, religion, national origin, sex (gender identity and sexual orientation explicitly included), religion, disability, and ‘familial status.’ The latter is not normally found in federal antidiscrimination lawsuits, but for the FHA, it explicitly refers to families… Read More »
The Elective Share & Probate
When a person’s spouse dies, they are entitled, by law, to a significant share of the assets, even if the deceased person’s will states otherwise. If the decedent left no will, the surviving spouse is potentially entitled to an even larger share of their partner’s assets. This portion is known as the elective share,… Read More »
I Want A Divorce, But My Spouse Is Deployed
Divorcing is a momentous decision, and deserves to be discussed extensively before deciding to take the plunge. However, once two people have discussed the possibility, the impetus to act fast can be hard to ignore. Sometimes, one spouse may want to file for divorce even while their servicemember spouse is deployed overseas. It is… Read More »
What Makes A Florida Prenuptial Agreement Unenforceable?
Prenuptial agreements (‘prenups’) can be of great help to a couple about to tie the proverbial knot, helping to set ground rules for what will hopefully be a happy marriage. They are generally very flexible documents in which almost any issue can be disposed of – but this does not mean that anything goes,… Read More »
First Questions About Child Support
Going through a divorce is always a difficult process, particularly if you have minor children. Child support is one of the most hotly contested issues in many divorce proceedings, and while some parents simply disagree, others may contest the issue of support due to a lack of understanding. The most frequently asked questions surrounding… Read More »
Can Florida Community Associations Ban Masks?
In late 2023, the Florida legislature and governor passed a law, euphemistically called the Protection from Discrimination Based on Health Care Choices Act, which bans businesses and governmental entities from refusing opportunities based on vaccination status – and prohibits the requiring of masks in public places. In the rush to declare normalcy, though, there… Read More »
Community Associations & Hurricane Preparedness
Summer is the start of hurricane season in Florida, and community associations generally try to begin to prepare for storms as early as possible to protect their residents, particularly in more storm-prone areas like Miami and the Keys. (Broward County has its fair share of hurricanes as well). There are certain steps that every… Read More »
Franklin Will Quagmire Would Have Been Avoided In Florida
On July 11, 2023, NPR reported that a handwritten note found in the couch cushions at the home of soul singer Aretha Franklin was found by a Michigan jury to constitute her last will and testament. Previously, a 2010 will was held to be the controlling document, but the note, dated 2014, was found… Read More »
Taking The Elective Share In A Probate Estate
When someone makes a last will and testament, their intention is to convey their assets to the beneficiaries they name in the document. However, Florida law has what is known as the elective share, which grants a percentage of a deceased person’s estate to their surviving spouse, regardless of what is contained in the… Read More »
Special Factors When Divorcing A Military Servicemember
In general, military servicemembers divorce at about the same rate as ordinary civilians. However, in many of those divorces, certain issues must be managed that civilians do not have to deal with. If you and your military spouse are seeking to divorce, it is important that you are aware of everything that needs to… Read More »
