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Martin Law Firm Attorneys Receive Legal Elite Recognition
MARTIN LAW FIRM ATTORNEYS RECEIVE LEGAL ELITE RECOGNITION
The Martin Law Firm, P.L. of Cape Coral, Florida is proud to announce that Steven E. Martin, Eviana J. Martin, Jonathan Bierfeld, Dustin M. Butler, and Patricia Dills have all been named to Florida Trend’s Legal Elite Up and Comers.
Florida Trend recognizes a prestigious list of approximately 2% of the active members of the Florida Bar who practice in Florida. Active members of the Florida Bar were asked to name attorneys whom exemplify the standards of Legal Elite and would recommend to others. Top vote getters then had their disciplinary records reviewed and finally were reviewed by a panel of previous winners.
When asked about this award, Steven E. Martin of the Martin Law Firm said, “It is a great honor to have all of our attorneys under the age of forty recognized for this prestigious award. I believe it is recognition of the caliber of legal representation provided by our attorneys.”
With offices in Naples, Cape Coral, Fort Myers, and North Fort Myers, Martin Law Firm, P.L. is a full service civil law firm. Martin Law Firm, P.L. provides legal services for Divorce, Family Law, Bankruptcy, Personal Injury, Real Estate, Estate Planning, Business Services, Probate Administration and Civil Litigation. Visit their website at www.martinlawfirm.com for more information.
Steven E. Martin received his undergraduate degree in Business Administration from the University of Florida Warrington College of Business and also received his J.D. from the University of Florida Levin College of Law. Steven has previously served as the President of the Cape Coral Bar Association. His practice focuses include Estate Planning, Civil Litigation, Business Planning, Family Law, and Real Property Law.
Eviana J. Martin began her studies internationally and graduated with a dual Bachelors of Arts degrees in Business Administration and Photography from Barry University. She then received her J.D. from the University of Florida Levin College of Law. Her practice focuses on Family Law and Bankruptcy.
Dustin M. Butler graduated from the Indiana University-Purdue University-Indianapolis (IUPUI) with a degree in Political Science. He then attended the University of Florida Levin College of Law where he received his Juris Doctorate. Dustin now specializes in Family Law and Civil Litigation.
Patricia Dills received her both undergraduate degree, a Bachelor of Arts in English, and her law degree from Brigham Young University. She has practiced as an Attorney Ad Litem and now primarily focuses on Family Law and Civil Litigation.
What can I do as a grandparent if my grandchild needs to be taken care of?
Termination of Parental Rights is a serious issue in Florida Law. The Department of Children and Family Services often becomes involved in situations where a child’s welfare is in danger. Many times extended family members may be concerned about the parenting style or neglect by the child’s parents. If this becomes an issue, or if abuse is a concern, the Department of Children and Family Services will often take part in the case.
In temporary situations where children need to be provided care, family members may apply for Temporary Custody by and Extended Family Member, by petitioning the Court for an order allowing them to temporarily care for the children at issue. Many times this is a better situation for everyone involved, because the children are then able to be cared for in a familiar environment, and the Court is able to monitor the situation first hand.
See In the Interest of N.F., a child N.F., Appellant v. Department of Children and Family Services and Guardian Ad Litem Program, Appellees, 37 Fla. L. Weekly D654.
Patricia Dills is an Attorney with Martin Law Firm, P.L., whose practice
focuses in Divorce, Child Support, Family Law, and Civil Litigation. She
primarily practices in Naples, Collier County, and Fort Myers, Lee County Florida.
Who Is In Charge Of An Estate When There Is No Will?
On February 29, 2012 the Second District Court of Appeals issued an opinion involving the appointment of a Personal Representative (sometimes referred to as an executor or administrator) for the estate of a decedent who died without a Will. When a decedent has made a valid Will, this document will normally nominate a person or bank to be Personal Representative. What happens when there is no Will?
The Florida Probate Code specifies that there is a priority of preference that is to be followed in determining who will be Personal Representative. A surviving spouse comes first, followed by a person who is selected by a majority in interest of the heirs. A “majority in interest” means a person or combination of people who get at least 51% of the value of the assets of the estate. The third preference is an heir nearest in degree (meaning essentially the closest relative or someone from a group of people who all have the same relationship to the decedent).
In the February ruling the court was confronted with a situation where a surviving spouse requested that he be appointed Personal Representative of his late wife’s estate. The request of the surviving spouse was challenged by the decedent’s mother (the spouse’s mother-in-law). The mother asked to be appointed Personal Representative and made allegations against the spouse of a “serious nature” in her petition to the court. The published opinion does not specify what those allegations were, but the appellate court confirmed that person’s preference in appointment is subject to their being fit to serve. A person is not fit to serve if the individual “lacks the necessary qualities and characteristics”.
The important point in the appellate ruling is that because the trial court appointed the mother of the decedent simply on her allegations and without her presenting any actual evidence of the spouse‘s lack of fitness, the case was sent back for a hearing where such evidence must be presented.
There are some valuable lessons to learn from this case. First, in contested estates, suspicions and allegations are not enough to win. You have to prove wrongdoing or lack of fitness with facts. Second, a person is not a Personal Representative simply because they were nominated in a Will. The Will has to be admitted to probate (ruled valid) and the nomination approved by the Court. Third, the approval of a nomination is subject to that person being fit, an adult, mentally competent, not being a convicted felon, and either being a resident of Florida or being related to the decedent within a definition in the Florida Probate Code.
Establishing Paternity in Department of Revenue Child Support Cases
The Florida Department of Revenue may intervene in child support cases to ensure that a minor child is receiving the care and support he or she is entitled to by law. Paternity is presumed when a husband and wife have a child within the bonds of marriage. However, if the parents are not married, the Department of Revenue may still collect child support from a father who may or may not be the actual biological father of a child.
A father may contest paternity, but the courts will always look to what is in the best interests of the child “[T]he courts require a determination of the child’s best interests. Some circumstances require specific procedures to be followed in evaluating a child’s best interests. For example, if paternity is contested, the child’s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a guardian ad litem and hear from the guardian and all the parties before proceeding.”
“A trial court may consider the child’s need for support. If the court determines that there is no compelling interest in overcoming the presumption, it must dismiss the paternity action against the putative father.”
The state has an interest in preserving parental rights, but also in ensuring that children are supported. Because of this, the court will look to the best interest of the children in any case involving minor children and family law.
See Dept. of Revenue on behalf of Garcia v. Iglesias & Garcia, 37 Fla. L. Weekly D160.
Patricia Dills is an Attorney with Martin Law Firm, P.L., whose practice
focuses in Divorce, Child Support, Family Law, and Civil Litigation. She
primarily practices in Naples, Collier County, and Fort Myers, Lee County Florida.
What happens in divorce when one spouse isn’t working?
Usually, the court will impute an income to the non-working spouse. This means that in cases where child support, alimony, and equitable distribution of assets and debts are at issue, the court will decide a wage that should be attributed to the non-working spouse. This imputed income amount will serve as the amount the spouse should be making if they were working, and most calculations throughout the case will be made using this imputed income.
As a matter of law, trial courts should consider the non-working spouse’s work history, occupational qualifications, and the prevailing earnings in the community for that class of available jobs when finding an amount of imputed income. Evidence may be presented that the non-working spouse had earned the same amount prior to quitting a previous job, that the non-working spouse is capable of working, and that the non-working spouse has options to do so.
See Middleton v. Middleton, 37 Fla. L. Weekly D105.
Patricia Dills is an Attorney with Martin Law Firm, P.L., whose practice
focuses in Divorce, Child Support, Family Law, and Civil Litigation. She
primarily practices in Naples, Collier County, and Fort Myers, Lee County Florida.