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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 […]

Classic Civil Commitment Proceeding: Miracle on 34th Street

The other day I sat down to watch the classic 1947 movie, Miracle on 34th Street starring Natalie Wood, Maureen O’Hara, John Payne, and Edmund Gwenn.  For those who haven’t seen this movie, it is an exceptional well acted film.  It is just a warm, good hearted movie that leaves you feeling happy after watching […]

Can a Judge Make a Plaintiff Pay for Defendant’s Legal Fees?

In England, there is a law referred to as the “Loser Pays” Rule.  The law states that the losing party of a civil litigation case must pay the winning party’s legal fees.  The English created this law to deter individuals and corporations from making frivolous claims and wasting the judicial system’s time and also the […]

We Both Have the Same Business Name. Am I in Trouble?

You started your company four years ago and everything is going well when all of a sudden you are handed a cease and desist letter.  The letter informs you that you are using another company’s trademark – their company name.  What are you to do? With the world increasingly getting smaller thanks to the internet, […]

No Legal Remedies for Generic Drugs

Does your pharmacist prescribe you generic drugs or brand name?  Does your health plan cover you for brand name drugs or does your plan only cover you for generic drugs? Taking generic drugs instead of brand name drugs used to be no big deal.  In fact, many consumers preferred generic to brand name because generic […]

What to Do When Contract is Breached

For those who’ve watched the popular Home and Garden television show, Holmes Inspection, we have all seen homeowners distraught after contractors failed to deliver quality workmanship.  On this television show, homeowners seek the help of Mike Holmes and his crew to fix the poor handy work of other contractors who left the homeowners’ home in terrible condition.  […]

What is Involved in Preparing for a Civil Litigation Case

What is civil litigation?  What are the different types of civil litigation cases?  How does the civil litigation process work?  These are typically questions that attorneys are asked on a regular basis.  Unless you went to law school, most Americans are not familiar with civil litigation.  Americans would not need to concern themselves with the […]

Foreclosure Strategy

By Scott Widerman No one likes to be in a foreclosure action for sure, but if you are there, use it to your advantage. One of the most important things to determine once a foreclosure action is brought against you is what you want the outcome to be. Winning a foreclosure action is not really […]

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