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Shalimar Legal Blog

When can I challenge a will?

It is important to know when to challenge a will and in what circumstances a will can be challenged. Because estate planning is such an important process to ensure the wishes of the estate planner are fulfilled, it is helpful for family members and beneficiaries to understand the will contest process when a will contest becomes necessary.

It is useful to keep in mind that the process of contesting a will can be challenging. Nearly all wills pass through the probate process uneventfully. A will records the wishes of the estate planner which is why the court will want to ensure those wishes are being fulfilled. Any party that has an interest in the will can challenge the will. Wills are most commonly and successfully challenged by spouses. If the will challenge is successful, the entire will can be voided or just a part of the will may be voided.

Avoid these mistakes when preparing for divorce

If you are ending your marriage, you are no doubt experiencing emotions of all kinds, and you just want to put the divorce behind you.

You may be dreading the property division phase of the proceedings, but you must clear your mind and focus on doing the best you can to secure your financial future. Here are five common mistakes to avoid.

What to expect from a spousal support request

When a spouse has asked for alimony in a divorce, the other spouse may have concerns about the request and may not know what to do. Fortunately, the divorce process provides resources to help divorcing spouses seeking spousal support but also those opposing a request of spousal support.

The court may decide to award alimony, or spousal support, to one of the spouses from the other or alimony may be agreed upon by the divorcing spouses themselves. Alimony is intended to eliminate any unfair impact of the divorce by providing continuing support to a lower-wage earning or non-wage earning spouse. The basic thinking and purpose behind alimony is that one spouse may have foregone a career to care for the home and family and will need time to become self-sufficient.

What should I expect from the property division process?

Property division issues may be at the forefront among concerns on the minds of divorcing couples. Property division is one of the challenges divorcing couples may be anticipating, and will have to face, but legal resources are at the ready to help guide them through the property division process.

Divorcing couples may have many questions concerning how their property will be divided. Answers to those questions can help guide them through the process. In Florida, the couple's property will be divided fairly which does not necessarily mean the couple's property will be decided in half. It will be divided according to the circumstances of the spouses and a variety of factors that are considered by the family law court during the divorce process.

Help with estate planning, administration and the probate process

While estate planning can be an emotional challenge, it can also provide much-needed peace of mind for the estate planner and family members. As a result, making sure to understand estate planning concerns, and the probate process as well, is useful.

It is helpful to have legal help at every stage of the estate planning process. In the beginning, the estate planner may need help with estate planning documents and developing an estate plan. Help with drafting a will, drafting a living will or a power of attorney is useful at the first stage of the estate planning process. The estate plan can direct the distribution of assets and address guardianship concerns. It also sets forth the executor who will handle the estate's concerns.

Florida high school coach facing drunk driving charges

This blog recently discussed the importance of a strong drunk driving defense. Drunk driving charges can present many negative personal and professional consequences and can also result in serious potential penalties including jail time and fines. In a nearby Florida community approximately an hour and a half from the Shalimar area, a head high school football coach was recently arrested on drunk driving charges.

According to the citation the coach received, he refused to submit to a breathalyzer blood alcohol test or a blood or urine test to determine blood alcohol content. The high school coach was stopped and cited with misdemeanor driving under the influence. He was jailed and then later released. Following the DUI arrest, the high school coach was suspended from his job without pay for a week.

Relocation and your child custody order

For many, getting a divorce can mark the beginning of a fresh start in life and an opportunity to move away from a lifestyle that no longer works. However, when there are minor children involved, there are also limits on actions that could affect the children's relationship with both parents.

One potentially complicated issue can arise when a custodial parent considers moving away. Relocating far away not only upsets the custody and visitation schedule already in place, but also fundamentally affects the child's interests.

The importance of a criminal defense to DUI charges

When facing drunk driving charges, it is important to first understand that there are both criminal and administrative consequences associated with a DUI charge. One can result in potentially significant fines and time and jail and other can result in driver's license suspension and other possible penalties and consequences.

Drunk driving charges can have far-reaching consequences that can potentially last a lifetime. They can have an impact on the professional and personal lives of the accused individual which makes understanding drunk driving defense options essential for individuals who have been accused of driving under the influence. The legal limit for blood alcohol content for drivers in Florida is .08 so any driver who has a blood alcohol content that is alleged to be .08 or higher may wind up facing drunk driving charges.

Understanding the probate process in Florida

Understanding the probate process in Florida may be able to help some of our readers with their concerns associated with estates and the courts. It may also help them better navigate the process during a difficult time following the loss of a loved one.

The probate process is supervised by the courts and is a process for identifying and gathering assets of the deceased individual, paying the deceased individual's debts and distributing the deceased individual's assets to beneficiaries or heirs, as the case may be. In Florida, there are two types of probate administration: formal administration and summary administration. There is also a process to dispose of probate assets in the deceased individual's name alone, such as a bank account, life insurance policy or real estate, that is a non-court supervised process.

How are child support orders enforced in Florida?

Child support can sometimes be a contentious issue between divorced or separated parents. Parents receiving child support may wonder how they enforce a child support order in Florida and parents paying child support may wonder what they can do if they cannot afford their child support payments.

The family law process has resources available to help parents in both situations. In Florida, the failure to pay child support according to a valid child support order is serious and can result in serious potential penalties and consequences. The most serious potential penalty a non-paying parent may face is being held in contempt of court and facing jail time. They may also face negative credit reporting or liens being placed on their property as some examples of what can be done in Florida to enforce a child support order.

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Law Offices of James C. Campbell, P.A.

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Shalimar, FL 32579

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