Author Archives: Jay Butchko
Probate Litigation Matters A Probate Litigation Attorney Can Help You With
After someone dies, their assets must be distributed to the correct heirs and/or beneficiaries through a legal process called “probate”. In Florida, the probate process involves, among other things, gathering and inventorying the decedent’s assets and liabilities, paying the decedent’s debts, and distributing the decedent’s assets to the rightful heirs and/or beneficiaries. If there… Read More »
What Is The Fruit Of The Poisonous Tree Doctrine?
To prove a defendant’s guilt in a criminal case, the prosecution must present evidence to prove every aspect of the charge present. Without evidence, the prosecution cannot prove a defendant’s guilt. Also, if the prosecution tries to present evidence that was obtained illegally, or evidence that was obtained or derived from evidence that was… Read More »
When Can You Contest A Prenuptial Agreement In Florida?
A “prenuptial agreement”, commonly known as a “prenup”, is an agreement that contains instructions on how assets and debts will be divided between spouses during a divorce. A Florida prenuptial agreement can also cover the issue of alimony. Most prenuptial agreements are valid. However, some prenuptial agreements are entered into improperly, which can negatively… Read More »
How Long Do We Have To Be Separated To File For Divorce In Florida?
If you are thinking about filing for a divorce in Florida, you may be asking yourself a million and one questions about where to start, who to talk to, and what to do. One of the questions you may be asking yourself is “how long you have to be separated to file for divorce… Read More »
Types Of Guardianship
In Florida, guardianship occurs when a person (the guardian) is appointed to exercise some, or all, of the rights of an incapacitated individual (the ward). Some rights a person can lose after a guardian has been appointed include the right to travel, work, vote, and choose living arrangements, among many others. Because of the… Read More »
Some Steps That Can Help Protect You As The Executor Of A Loved One’s Estate
Being chosen to serve as the executor of an estate can feel like an honor. On top of feeling honored, if you just found out you’re named as the executor of a loved one’s Will, you might be feeling obligated to accept the job. However, before you accept to serve as the executor of… Read More »
Termination Of Parental Rights In Florida
While Florida courts understand how important it is for a child to have a relationship with their parent(s) and recognize a parent’s right to make decisions regarding their child’s life, there are sometimes when courts may intervene and terminate parental rights. While this might seem unfair, there are some situations in which terminating parental… Read More »
Difference Between Guardianship And Conservatorship In Florida
Sometimes, people use the terms “guardianship” and “conservatorship” interchangeably. However, guardianship is not a title that is interchangeable with conservatorship in Florida. In Florida, guardianship is a legal process that is different from conservatorship. But “What is the difference between guardianship and conservatorship?” you may wonder. Below, we look at the difference between these… Read More »
Grand Jury Vs. Petit Jury
A jury consists of citizens chosen to listen to the facts of a case and make a decision regarding criminal justice. There are two types of juries: petit juries and grand juries. When people think about a jury, they are probably thinking about a “petit jury.” Many people do not know about the other… Read More »
Vehicular Homicide In Florida
When a motorist’s negligence causes an auto accident that results in death, they can be charged with vehicular homicide. However, it is crucial to note that not every driver who acts negligently and causes an auto accident that results in death gets charged with vehicular homicide. Generally speaking, in Florida, whether a person is… Read More »
