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Widerman Malek Law Blog

Can I disinherit someone?

In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly.  There’s a catch or two though.  You can disinherit anyone to a certain degree.  The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]

What are the odds a case is going to trial?

Before starting my legal career, I often wondered how many civil cases actually go to trial.  I knew the number was small, but how many actually end up in trial.  Why is the number so small?  Is it just costs?  For the ones that do make it to trial, are they mostly bench trials (decided […]

What does it take to create a trust?

A trust is an animal with several different heads.  In order to create a non-charitable trust, you need several different parts.  Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida.  Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]

Substantial Completion: When exactly does it occur?

Substantial Completion When an owner decides to build something, he or she usually decides that he or she wants it completely finished, okay the owner always wants it completely finished.  But is the owner guaranteed that?  Probably not.  Now does that mean a contractor can walk away from a job after placing the concrete building […]

Admissibility of Business Records

By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group.  If I have a document that I want to use as evidence, why can’t I?  Evidence rules often seem tedious and unnecessary, but nonetheless, […]

What do you do after losing at trial?

By: J. Mason Williams IV I lost my civil case, now what?  You decided to give it a go pro se, i.e. by yourself, but it didn’t work and now you have a final judgment against you.  So what do you do?  Well, under typical circumstances there are several possibilities in Florida. First, get in touch […]

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