The Gould Cooksey Fennell Blog

A Brief Overview of Florida House Bill 923 & What It Means for You

A new Florida law (House Bill 923) protecting a surviving spouseโ€™s property rights at death became effective on June 13, 2024.ย  A surviving spouse is no longer required to file a creditor claim to assert ownership rights in property subject to the Florida Uniform Disposition of Community Property Rights at Death Act (โ€œActโ€).ย 

In the case of disputed property ownership rights arising under the Act, a declaratory action must be filed within 2 years from the date of death of the first spouse.ย  Failure to file declaratory action by the deadline may result in forfeiture of important property ownership rights under the Act.ย  There were a number of other important changes to the Florida probate code made in House Bill 923.ย 

Married couples moving to Florida who previously resided in a community property jurisdiction should consult with an attorney regarding the impact of this new law on their estate planning and any pending estate administration. In this video, Anthony explains what this new bill means for families and couples moving to Florida.ย 

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A 52 year old man arrived at a hospital ER with a UTI, resulting in negligent, non-emergency intubation that caused the catastrophic anoxic brain injury leading to his death. After a trial involving complex medical and technical issues relating to critical care medicine, infectious disease, hospital administration, and electronic medical record systems, the family obtained a wrongful death settlement of $31.9 million.

Trial arising from failure to diagnosis colon perforation after a laparoscopic hysterectomy surgery causing permanent injury to the Plaintiff. After a three week trial a Martin County jury rejected the Defendantsโ€™ position finding the hospital 70% responsible for Mrs. Mooreโ€™s damages and the physician 30% responsible. The award included just over $600,000 for past medical expenses, $370,000 in future medical care, and non-economic damages of almost $2 million.

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiffโ€™s left leg.

Pedestrian was struck and killed crossing the street in Hillsborough County, Florida.

Plaintiff was driving his tractor trailer on a single lane highway when hit head on by the defendant negligently operating his semi-truck. As a direct result the plaintiff suffered bodily injury and continuing pain and suffering. Circuit court 19 awarded plaintiff damages in the amount of $2,899,898.60.

Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.

Toggle Gould Cooksey Fennell served as Co-Counsel in a Georgia case involving allegedย misdiagnosis/mistreatmentย of preeclampsia resulting in the death of a 39 year old mother.

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