The Florida Rules of Professional Conduct are a set of rules that govern the professional conduct of attorneys in the state of Florida. These rules are enforced by the Florida Bar, which is the regulatory body for attorneys in Florida. The rules are designed to protect the public from unethical or incompetent attorneys and to maintain the integrity of the legal profession. The rules cover topics such as conflicts of interest, client confidentiality, advertising, and fee splitting. Attorneys who violate the rules can be disciplined by the Florida Bar, including being suspended or disbarred from ..read more

Distributee is a term used in estate administration that refers to an individual who inherits property from another person through their estate. There are several different kinds of distributees, and you may be one of them without even knowing it. If you are the child, grandchild, spouse or other blood relative of another person who has recently passed away, then there’s a good chance you’re also their distributee.  Reducing stress and confusion during this difficult time is important for any family going through the estate administration process. This post will explain what a distributee ..read more

Being the guardian of another person is a huge responsibility. If you are asked to serve as the guardian for another adult, it is because that person cannot take care of him or herself as a result of mental incapacity or some other unfortunate circumstance. If you accept this role, you must be sure you are willing and able to perform the duties associated with this lifelong commitment. A guardianship is not entered into lightly.  However, if you feel called to serve in this capacity, and believe that you have what it takes to fulfill that role responsibly, then it’s time to find the best ..read more

Under normal circumstances, a trustee of a trust is given broad latitude to manage the trust’s assets for the benefit of its beneficiaries. The trustee does this by managing the trust’s property and making decisions about how to reinvest trust assets.  Trustees are generally required to act in the best interests of beneficiaries, but there are situations where removing a beneficiary from a trust is appropriate.  For example, a beneficiary may be an adult child who has demonstrated poor financial judgment in the past, or it could be someone with drug problems or another serious issue ..read more

When someone dies, they leave behind assets that need to be distributed to their beneficiaries. An executor or administrator is appointed in their will as the personal representative of their estate; this role gives them legal responsibility for the estate and its assets until they can be passed on to the beneficiaries. Sometimes, a personal representative of an estate might not have the skills or time to complete their duties. When this happens, it’s necessary to have them removed from that position and appoint someone else in their stead. If you are named as a personal representative of an e ..read more

Depending on what side of the aisle you’re sitting on, getting dismissed for want of prosecution can be a good or bad thing. If you are the plaintiff in a civil case and your case is dismissed for want of prosecution, it means that the court has decided that you have taken too long to prosecute your case and that the defendant should not have to wait any longer for a resolution. In other words, the court is giving you the boot. If you are the defendant in a criminal case, however, a dismissal for want of prosecution can be a good thing. It means that the court has decided that the prosecution ..read more

When someone you love dies, their assets need to be passed on to their rightful owners. In probate, this happens either by will or by intestacy. If there’s no will, the deceased person is said to have died ‘intestate’ (which means ‘without a testate’). When this happens, the estate must go through a process called probate in order to transfer the assets of the deceased person legally and correctly. If you are going through this process because you’re the executor of an estate or another family member has asked you to help them with their probate case, it can be a confusing and stressful time ..read more

Many people choose to appoint a guardian for their children in case something happens to them. A guardianship lawyer can help you create a legal document that will ensure your children are taken care of if something happens to you. At Doane & Doane, our attorneys have experience with guardianship law and can help you create a plan that is in your children’s best interests. We will work with you to understand your unique situation and create a custom plan that meets your needs. Contact us today to schedule a consultation with one of our experienced guardianship lawyers. We can help you crea ..read more

Medicaid is a needs-based program that provides health insurance for low-income individuals and families. In order to qualify for Medicaid, you must meet certain income and asset limits. It’s no secret that healthcare costs are on the rise. If you or a loved one is facing a long-term health condition, the last thing you want to worry about is how you’re going to afford the care you need. An elder law attorney can help you understand the Medicaid eligibility requirements and create a plan to obtain coverage. If you are already receiving Medicaid benefits, an attorney can also help you appeal a ..read more

There are a number of ways to provide for someone else to make decisions on your behalf if you become unable to do so yourself. One option is to appoint a durable power of attorney (POA). If you’re considering whether a POA might be right for you, it’s important to understand how it differs from another common legal arrangement known as guardianship. What Does a Power of Attorney Do? A POA is a legal document in which you (the “principal”) name someone else (the “agent” or “attorney-in-fact”) to act on your behalf. The scope of the agent’s authority is determined by you and can be as broad or ..read more