Florida Legal Topics

Daytona Beach Legal News - Marriage

The Law Office of Paul Bernardini

Guardianship - Bad Faith Petition

The Third District Court of Appeal held that there was a bad faith filing of a guardianship petition by the wife who alleged that her husband was incapacitated after her husband has filed a dissolution of marriage petition. The Court of Appeal held that the Guardianship Court should have held an evidentiary hearing on the issue on whether the guardianship petition was filed in bad faith. 38FLW D2174 (October 16, 2013).

Estates, Wills & Post Nuptial Agreements

The Fourth District Court of Appeal ruled on October 5, 2011 that the wife survived her husband waived her right to be a beneficiary under her husband's Will when she executed a post nuptial agreement in which she waived "all rights". Steffens v. Estate of Steffens, 36 Fla. L. Weekly D2184.