Archived
My brother and I are the beneficiary of a trust and he wants to end and I do not. CAN he end trust without my permission?
Brian's answer
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Answered on November 23, 2016
First, beneficiaries cannot terminate a trust. Only the trustee(s) can terminate a trust. Further, with limited exceptions under the Florida...
Archived
With a egal separation agreement is the executor of the will is excluded from acting as the trustie,
Brian's answer
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Answered on November 23, 2016
In FL, any referenced to a spouse in a will is ignored after the couple is divorced. Separation does not count. The closest analogy is pregnancy...
Archived
What is a Motion to Strike Defendants Pleading? What happens when it is granted?
Brian's answer
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Answered on November 22, 2016
A motion to strike your pleading is a motion to have your pleading (as the defendant, that would be your Answer) removed from the case. It will be...
Archived
How to respond to a motion for summary judgement
Brian's answer
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Answered on November 22, 2016
Since you seem resigned to doing this yourself, the basis for a motion for summary judgment is that all of the undisputed material facts support...
Archived
Do I have grounds for a complaint with the Florida bar against a law firm
Brian's answer
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Answered on November 22, 2016
As a former member and chairperson of the Fla. Bar Grievance Committee for my circuit - the entity which handles complaints against lawyers - I can...
Archived
Original Answers to family law interrogatories aren't supposed to be filed with the court right?
Brian's answer
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Answered on November 22, 2016
Original discovery requests and responses generally are not to be filed, unless some issue with the discovery process needs to be brought to the...
Archived
How much time should you be given before a hearing?
Brian's answer
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Answered on November 22, 2016
In most cases, before a matter can be heard, a Notice of Hearing must be filed and served. Most courts have a local rule stating how many days...
Archived
What are the consequences in filing a Joint Motion for Voluntary dismissal With Prejudice in the Eleventh Circuit?
Brian's answer
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Answered on November 22, 2016
Generally speaking, dismissal with prejudice at any level means that the case is irretrievably over. If you have an ineffective assistance of...
If I a judge is showing favoritism what can you do?
Brian's answer
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Answered on November 22, 2016
What you should have done in the first place - engage an attorney. If you cannot afford an attorney, check with your local legal aid service or...
Archived
Can the judge over rule ffn and gal
Brian's answer
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Answered on November 22, 2016
By "ffn" I assume you mean Florida Family Network, and GAL, of course, is the guardian ad litem. Presumably, you are going through some issues...
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