Entries by Kelly R McNeal

But, I thought we had a contract!

Many times, people think they have an agreement with someone, only to find out that they don’t. Of course, if there is no actual “contract”, there may be other remedies available, but the fact that someone doesn’t have a valid, enforceable, contract can cause concern. In Office Pavilion South Florida, Inc. v. ASAL Products, Inc., […]

When can a child testify in court?

Clients often ask me how old a child has to be in order to testify in Florida. Generally speaking, I am dealing with family law cases. Parents have a difficult decision to make in even requesting that their children testify. Judges have the even more difficult decision of whether or not to allow it. In […]

Does religion matter in a child custody case?

In establishing a parenting plan, courts look to the factors in Florida Statutes §61.13. A court’s determination is governed by what is in the child’s best interests. 61.13(3), in relevant part, provides: For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs […]

Does sexual orientation (lesbian, gay, bisexual, transgender) matter in a child custody cases?

In establishing a parenting plan, courts look to the factors in Florida Statutes §61.13. A court’s determination is governed by what is in the child’s best interests. 61.13(3), in relevant part, provides: For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs […]

How do I get my security deposit back from my landlord?

Many tenants (and landlords, for that matter) have some difficulty in interpreting Florida Statutes when it comes to the return of a tenant’s security deposit. Florida Statute §83.49(3)(a) provides guidance: “Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, […]

Have an attorney review your contract before you sign

I oftentimes talk with existing clients about how important it is to be proactive in making business decisions. You would be surprised how many people come to my office AFTER having signed a contract (many worth hundreds of thousands of dollars) and say: “I just signed this contract. I have concerns about X, Y, or […]

They’re my children, can’t I just move with them?

Well…maybe. Florida statutes §61.13001 describes what a parent must do to relocate from their current residence with their child (assuming, of course, one parent is relocating and the other parent is staying in the same city/town/county). The statute defines relocation as: “a change in the location of the principal residence of a parent or other person […]

Undue Influence and Fiduciary Breach Can Reverse Terms of Will In Probate, a quick look at Clark and McCormick

Recently, there has been much publicity surrounding the estate of Huguette Clark, and the heirs and beneficiaries fighting over the vast (roughly $300 million) estate. Interestingly, when reviewing the value of the estate and the amount of attorney’s fees distributed from the estate, I couldn’t help but think about the number of attorneys salivating to […]

Divorce and the disposition of assets at death

With the number of people getting divorced increasing, and the number of older “baby boomers” divorcing and/or dying, the Florida Legislature altered Florida Statute §732.703(2) relating to the effects of divorce on the disposition of assets at death. The Statute states: “A designation made by or on behalf of the decedent providing for the payment […]