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Questions Answered by Vanette Augustin
2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Clarification needed on beneficiary dispute and will situation in Florida.

I am involved in a dispute over my mother's beneficiary designation. My sister claims there is a will from 2014 naming her as the beneficiary, but I have paperwork from the funeral home from 2016 indicating the funeral director was named the beneficiary. Additionally, the funeral director... View More

Vanette Augustin
Vanette Augustin
answered on Apr 23, 2025

First, a Will that was not rescinded has standing. If the funeral home state there is no Will, then I would inquiry as to why they have paperwork naming them a beneficiary that is not a Will. Since you mother has passed, I would suggest filing the Will with the court and the document the funeral... View More

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2 Answers | Asked in Child Custody, Child Support, Health Care Law and Family Law for Florida on
Q: Handling child support and custody threats in Florida with my son living with me.

I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More

Vanette Augustin
Vanette Augustin
answered on Apr 8, 2025

First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More

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3 Answers | Asked in Admiralty / Maritime, Family Law, Personal Injury and Wrongful Death for Florida on
Q: Liability concerns for child's cruise travel permission.

I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More

Vanette Augustin
Vanette Augustin
answered on May 8, 2025

Good Afternoon

I am a family law attorney and there are no family law related concerns based on your post. A family law judge would not assess liability for a death. That would be criminal law. The only time that may become relevant in a family law case is if there were other children...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Florida on
Q: What motion should I file for emergency custody due to safety concerns in shared arrangement?

I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it... View More

Vanette Augustin
Vanette Augustin
answered on Apr 10, 2025

At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.

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