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New Laws Allow Pre Death Caveats Prior to Probate

Brandon, Fla. – New legislation now allows filing pre-death caveats and improves the way caveats are administered. Florida’s Probate Code Section 731.110 now allows an individual who is apprehensive that an estate will be administered or admitted to probate without that person’s knowledge to file a caveat with the court.

“Caveats are vitally defensive ways to block an opposing individual from getting her or himself appointed as the personal representative under an invalid will in advance of a lawsuit,” said Reginald Osenton, a Tampa probate lawyer. “Once a personal representative is appointed, it’s hard to remove that person; caveats will make it apparent what concerns an individual has.”

Caveats will only be in effect for two years after filing and excludes creditors from filing pre-death requests. The legislation changes also eliminate inconsistencies between Statute codes 731.110 and Fla. Prob. R. 5.260.

“The new statute helps to prevent wrongdoers from isolating individuals within a family to get appointed as the personal representative and then have a potentially invalid will admitted to probate,” Osenton said.

In Florida, probate is the legal system where certain assets of a deceased person are used to pay off debts and taxes and the remaining assets are passed onto the heirs or beneficiaries of the deceased person. The process is governed by the Florida circuit courts, and typically takes six months to one year, although in some cases timeframes can increase or decrease.

“We excel in competent estate administration and compassion in a time of crisis,” Osenton said. “Many burdensome tasks occur when a loved one has passed, and any error can cost the estate time and money. Our firm will handle all the tasks in a timely and correct manner.”

Olivero Laws provides clients with skilled and effective legal advice to help them through the probate process. For more than 20 years in Tampa and Brandon, Fla., they have handled a wide array of cases involving the probating of wills, estate administration, and probate litigation. They assist trustees in the administration of trusts, regardless of whether or not they have prepared the will or trust in question. The firm also represents heirs and beneficiaries to ensure that they receive the maximum amount allowed by law from estates and trusts.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Tuesday, February 15th, 2011 at 6:45 pm under Estate Planning, News and Press.
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Email Spying Could Equal Big Consequences

Checking your spouse’s e-mail in secret could have big consequences when filing for divorce. Take Leon Walker, a Michigan man, who is scheduled to go on trial February 7 on criminal charges of accessing the family computer to log onto his wife’s e-mail account to see if she was cheating on him. If he is convicted, Leon could face up to five years in prison and a $10,000 fine.

Walker contends that he had a right to use the computer as he bought it, and that she kept her passwords in an address book by the computer. Leon felt that he had a right to read her e-mail to check that their child and stepchild were safe as he had a feeling that she was having an affair with her second ex-husband. (Leon is the third husband.) Clara, Leon’s wife, had no idea he read her e-mail until it entered divorce proceedings.

Florida divorce attorneys and their clients are paying attention to this case as it will be interesting to see if the jury deems his actions a privacy violation instead of a criminal one. There is also the fact that she was having an affair prior to him checking the e-mails, so it changes the situation in this family law case.

Leon admitted that his wife did not know he used her e-mail account prior to it being discussed in the divorce proceedings, so Clara claims she never gave him verbal authorization to access it. Just because the computer and passwords were readily available does not automatically grant access to checking the e-mail whenever a spouse would like, her lawyer asserts.

Leon’s lawyer says he is inappropriately charged under a statute that applies to computer hackers who are after money or causing damage, not looking at a spouse’s e-mail account. Secretly checking a spouse’s electronic communications may violate state and federal wiretapping statutes such as the Wire and Electronic Communications Interception and Interception of Oral Communications Act, 18 U.S.C. §§ 2510 et seq. And in the Florida case in 2005, O’Brien v. O’Brien (Fla. 5th Dist. Ct. App. 2005), those types of intercepted communications were barred as evidence.

When a marriage has come to this point of infidelity, snooping and a question of child custody, a knowledgeable attorney can help with the emotional and financial challenges ahead.

You will have a much more favorable divorce settlement if you are proactive and can focus on what is best for your children.

Shiobhan Olivero is the Owner and President of Olivero Law If you need a Brandon bankruptcy lawyer, Tampa bankruptcy lawyer, or Tampa bankruptcy attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Posted on Tuesday, February 15th, 2011 at 12:15 am under News and Press.
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Olivero Law and Friends Participate in MDA’s Muscle Walk

On Sunday, December 5, 2010, the attorneys and staff of Olivero Laws, along with family and friends, walked as Team Ben in the Muscle Walk held by the Muscular Dystrophy Association on Causeway Boulevard in Brandon.  The walk was the culmination of the team’s fundraising efforts to support MDA.

The Muscular Dystrophy Association provides research to find a cure for 40 neuromuscular diseases, plus support services to those afflicted with those diseases.  Locally, MDA hosts camps for youth with MD at Rotary’s Camp Florida in Brandon.

Olivero Laws is a law firm with offices in Brandon and Lakeland Florida.  Reginald Osenton, the firm’s president and senior attorney, is the father of a son with Duchenne muscular dystrophy.  At the conclusion of the Muscle Walk, Osenton said, “I’m doing this for purely selfish reasons – our son Ben.  It makes me proud and humbled that the people in our firm and their family and friends got behind Team Ben.”

Plans are already in the works to raise funds for next year’s walk.  The next fundraiser is tentatively scheduled for September.

Posted on Wednesday, February 2nd, 2011 at 2:55 am under News and Press.
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Olivero Law and Friends Hold Car Wash for Charity

The attorneys and staff of Olivero Laws, along with their family members and friends, held a car wash as part of their ongoing commitment to raise funds to benefit the .  The event was held at the Burger King on U.S. 301 in Riverview, Florida, on November 20, 2010.  All funds raised went to Team Ben, a team participating in MDA’s Muscle Walk in Brandon.  Ben Osenton is the son of Lesa and Reggie Osenton.

The Dystrophy Association is the lead organization in the search to find a cure to muscular dystrophy and related diseases.  In addition to funding research, MDA provides support services for those afflicted with neuromuscular diseases such as Duchenne, spinal muscular atrophy, and ALS (Lou Gehrig’s Disease).

Olivero Law, has offices in Brandon and Lakeland, Florida.  Its practice is focused in bankruptcy, family law, estate planning, probate, and other legal areas.

Posted on Wednesday, February 2nd, 2011 at 2:32 am under News and Press.
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