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Importance of Providing Notice in Probate Cases

For years the district courts were split in determining whether an individual or entity should be notified of a pending estate. For example, in Morgenthau v. Andzel , and in Lubee v. Adams , the First District Court of Appeal and the Second District Court of Appeal both agreed and held that even if a reasonable ascertainable creditor was not served with a copy of a Notice of Creditors, then that creditor would be required to file a claim within three months after the first publication of Notice ...

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Mark Lang & Associates 11/16/2015 Comments(0)

Go Hence Without Day

The cogent explanation of the phrase go hence without day has been used by many attorneys throughout their legal careers, but few attorneys know the meaning of this historic phrase. In Ball v. Genesis Outsourcing Solutions, LLC , the 3rd District Court of Appeal graciously provided the following to resolve the mystery of the historic phrase: [The] last expression, go hence without day is properly used only in a judgment for a defendant; it should not be used in a judgment for a plaintiff. A litt...

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Mark Lang & Associates 10/1/2015 Comments(0)

Imputed Income

The concept behind imputing income is to require those who are able to do so, to support or contribute to the support of those for whom they are responsible. During a divorce or post dissolution matter, each party’s income may become an issue. Often, one party will claim the other is intentionally not reaching their full earning capability or is receiving compensation from their employer in other forms so as to lower their adjusted gross income; all in an effort to avoid paying a certain a...

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Mark Lang & Associates 8/10/2015 Comments(0)

Co-Mingled Assets

When are personal assets joint assets? This question pervades initial conferences for divorce clients meeting with a lawyer, and throughout the divorce litigation process, and still during trial. Divorce law uses the same language as the IRS – what is the character of the asset? Is it marital and therefore subject to the presumed 50/50 distribution? Or is it non-marital, above-the-line, and distributed intact to the single spouse owner, outside the divorce judgment? The rub is when one spo...

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Mark Lang & Associates 8/5/2015 Comments(0)

Common Florida Divorce Questions

At Mark Lang & Associates, we handle many different types of family and divorce law cases. This can include anything from a high asset divorce, to child custody. Clients who come to us to manage marital and family law issues know that we will work diligently on their behalf, with the goal of improving their emotional, legal and financial well-being. That is why we want to provide answers to some of the commonly asked questions regarding divorce law. Alimony Forgiveness Question: When a forme...

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Mark Lang & Associates 6/22/2015 Comments(0)