It matters little, if at all, how smart the person is or how brilliant her attorney is if one critical component is not met—mental capacity! The mental capacity for Wills and Revocable Trust Agreements MUST be present for any bequest to be valid.
by Thomas Asbury | Asbury Law
September 21, 2017
A recent release by the U.S. Chamber Institute for Legal Reform of its 2017 Lawsuit Climate Survey: Ranking the States is remarkable for several reasons. Rick Scott, Florida’s Governor, has had to deal with Hurricane Irma. Now he will need to wage war against public opinion. This is because Florida (i.e., a well-regarded destination for many vacationers and businesses alike) ranked nearly last in almost every category.
You see, the 2017 Lawsuit Climate Survey is often helpful to many businesses when deciding where to locate (i.e., conduct their business or move corporate headquarters) or choice of venue (i.e., where to litigate). Indeed, this information can often be helpful to anyone arguing that a particular jurisdiction/venue has become favored (and why) for out-of-state Plaintiffs. It could even bolster a forum non-conveniens motion.
For that matter, this survey is an indispensable tool for businesses and a must-read for those seeking an interesting read about business perceptions of the states’ liability systems. But fear not: while Florida may still avail itself of the good-old-boy network, it will likely remain a vacation destination for years to come.
Tom Asbury is an attorney in private practice in Jacksonville, Florida. To contact Mr. Asbury about this article, inquiries may be directed to TFA@TFAsbury.com.