> June, 2014 | Daniel F. Gigiano Co., L.P.A.
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Archive for June, 2014

Should you use online legal document services?

Should you use online legal document services?  In 2014, the Florida Supreme Court ruled that a will drafted with online legal document company E-Z Legal Form did not say who should get property not specifically listed in the will.  Instead, the will only specifically left everything to a sister, then a brother.  The Court also ruled that a handwritten note written and signed by the decedent was unenforceable under Florida law.  Therefore, all property owned by the decedent passed to the decedent’s nieces, although neither of them were named in the will.  While the will and handwritten note appeared to favor leaving everything to her brother in this particular situation, the Court was forced to resort to the Florida intestate statute to determine who was to receive all property not listed in her will.  One of the justices commented that this case of using pre-printed forms and drafting a will without legal assistance “penny-wise and pound-foolish.”  See the opinion and a related article: http://www.floridasupremecourt.org/decisions/2014/sc11-2147.pdf http://www.flascblog.com/e-zer-said-than-done-court-considers-will-prepared-with-commercially-available-form/ (more…)

Can Police Pull You Over Based On A Tip From Another Driver?

There are times when the police conduct a traffic stop on a vehicle based upon a tip from a citizen that the vehicle was driving erratically.  Sometimes, this is a tip from another driver.  When the police observe traffic violations that, by themselves, justify a traffic stop, courts need not analyze the reliability of the citizen’s tip in determining whether the traffic stop was valid.  However, the police often gather little to no evidence prior to conducting a traffic stop.  In those instances, courts must analyze the reliability of the tip.  In other words, the courts ask: "can police pull you over based on a tip from another driver?" In analyzing the reliability of the tip, informants are divided into three classes: (1)        the anonymous informant; (2)        the known informant; and (3)        the identified citizen informant. (more…)